Backup Documents 02/28/2006 R
BOARD OF
COUNTY
COMMISSIONERS
REGULAR
MEETING
BACKUP
FEBRUARY 28,2006
03/02/2005 14:55
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NAPLES DAILY NEWS
Published Daily
Naples, FL 3~JO:~
Affidavit of Publication
State ofFI,)rida
County of Collier
Before the undcr,igncd illey !it\J'VC as tlte authority, personally
appeared lL l.amb, who on o.Uh sa.ys that they .
serve as the As~iSlant Corporate Secretary of the Naples DroJy,
a daily llewSpater published at ~aples, in Collier County,
Florida; distribui,ed in Collier and Lee counties of Florida; that
tile attached cop,' of t11c advettising. being a.
PUBLIC NQ.t!tr;
in the matter of Public Notice
as published in said newspaper
time(s) in the is~ne February 26th. 2006
Affiarrt furthcr RILY' that the R.ld Naples Daily N c\\'~ j$ ~ n~IA'spftp:r
published tit Nll91c~, JlI (1/1111 C(llli~ COIJnty. Fll)!'idR, and that thl.' R~id
I1cwapapc:r ha~ bl:Tet'lfore bcon eorrtinu<J\lsly pl.lbhshfd ,It .ald e,,] her
c.om1l:y, Florida; di~ ributed in ColllCT Arid L~c ,,,ur1lil'll df Floridn,
~"Ch dl"" And hl1,~ be,T! entered ~~ second clns~ m'til tT'~tt.er lit the post
Qffi~c I':; Napll.'ll, in 6~id CQlli~r County. Flondn. for A Jlmo~ of 1.
"car llC:ott nrcccdi m the tirllt pub! iClI.tiOll of the attached copy ryf
~<k'erti:lOalent: ll1'Id ~ liliAltt further ~AYS tMt he hIlS neither p~ld nor
promi!led any pen< In, firm or corponJion any dj~cQlInt. reb<\J.c.
com"li~~ir", or 1'I!!l)1)< I for l.b pUljlo~ (If ~ecurine t\1;~ advertiRemcnt fo<
Vl.lbliClllicn in the RIIi, I ncw~pap;:r.
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Sworn to and sullscribed before me
This February ~ 7th, 2006
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
February 28, 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
THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
Page 1
February 28, 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. Senior Minister Debra C. Williams, Unity of Naples Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or adopted with changes - 5/0
B. January 25,2006 - BCC/AUIR Special Meeting
Approved as presented - 5/0
C. January 30, 2006 - BCC/TDC Workshop
Approved as presented - 5/0
D. February 6,2006 - BCC/Strategic Planning Workshop
Approved as presented - 5/0
E. February 6,2006 - BCC/AUIR Special Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
Page 2
February 28, 2006
1) James Hatcher, Environmental Services
Presented
2) Frank Terilla, Wastewater
Presented
4. PROCLAMATIONS
A. Proclamation designating March 2006 as National Purchasing Month. To be
accepted by Steve Carnell, Purchasing/ General Services Director, Collier
County Purchasing Department.
Adopted - 5/0
B. Proclamation designating March 2006 as South Florida Birding Trail Month.
To be accepted by representatives of local and state park and land
management agencies.
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize Barry Erickson, Senior Operator, Public
Utilities Division, as Employee of the Month for February 2006.
Presented
B. A status update by Julie Koester, President, and Joe Cox, Executive Director
of the Children's Museum of Naples.
Presented
C. Presentation of a Florida Communities Trust grant award for the Goodland
Harbor Park project. To be presented by Representative J. Dudley Goodlette.
Presented
6. PUBLIC PETITIONS
A. Public Petition request by Robert Bender to discuss sound control issues at
the North Collier Regional Water Treatment Plant.
Commissioner Coletta to meet with staff regarding this issue
Page 3
February 28, 2006
Withdrawn
B. Public Petition request by Mayor Sammy Hamilton to discuss donation of
surplus property.
C. Public Petition request by J ose Varela to discuss the 640 acres agreement
between Collier County Government and the SFWMD.
To be brought back for discussion at the March 28, 2006 BCC Meeting -
Consensus
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item was continued from the February 14.2006 BCC Meetine.
This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition CU-2004-AR-
5439, Darryl J. Damico, represented by Beau Keene, P.E., of Keene
Engineering, requesting a Conditional Use of the "E" Estates district for
earth mining per Table 2, Section 2.04.03 of the Land Development Code
(LDC). The property is located between 54th Avenue N.E. and 56th Avenue
N.E., Golden Gate Estates Unit 45, in Section 4, Township 48 South, Range
28 East, Collier County, Florida. (Companion Item: V A-2004-AR-5438,
which was heard at the BCC Meeting held on February 14, 2006)
Motion failed due to lack of majority - 2/3 (Commissioner
Halas, Commissioner Coyle, and Commissioner Henning opposed):
Resolution of Denial 2006-47 to be prepared by the County Attorney's
office
8. ADVERTISED PUBLIC HEARINGS
A. A request that the Collier County Board of County Commissioners (Board)
adopt an Ordinance amending Ordinance No. 04-41, as amended, the Collier
County Land Development Code (LDC) to add the amendments of LDC
2005 Cycle 2 for the following purposes. Amendment of Chapter 1 includes:
the addition of abbreviations and definitions included in the Bayshore and
Gateway Triangle overlays and the addition of a definition of "gap" housing.
Amendment of Chapter 2 includes: the amendment of the Bayshore Mixed
Use District (MUD) overlay; the addition of the Gateway Triangle MUD
Overlay; the addition of the Golden Gate Downtown Center Commercial
Overlay (GGDCCO) District; deletions and additions to the Table of
Page 4
February 28, 2006
Permissible Land uses in Each Zoning District for the Golden Gate overlay;
amendment of the Goodland Zoning overlay to change clam nurseries from a
conditional use to a permitted use; and amendment of the Affordable
Housing Density Bonus (AHDB) Rating System. Amendment of Chapter 4
includes: amendment of the site design standards for development in the
BMUD overlay subdistricts and the addition of site design standards for
development in the Gateway Triangle Mixed Use District overlay and
GGDCCO overlay. Amendment of Chapter 10 includes: the addition of a
Mixed Use Project (MUP) approval process with decision making criteria
and public notification requirements for a petition for a MUP approval from
the Board of County Commissioners.
Ordinance 2006-08: Adopted w/stipulations 5/0; Motion to continue the
affordable housing density bonus rating table (section 2.06.03) to the
March 28th BCC Meeting - Approved 5/0
B. This item was continued from the January 24~ 2006 BCC Meetin2. 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., ofNunner
Group LLC, is requesting the second 2-year extension of the Astron Plaza
PUD in accordance with LDC Section 10.02.13.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 Avenue S.W. in Section 17, Township 49
South, Range 26 East, Collier County, Florida.
Resolution 2006-48 : Adopted 4/1 (Commissioner Fiala opposed)
C. This item reQuires that all participants be sworn and ex parte
disclosure be provided by Commission members. PUDZ-2003-AR-4991,
Robert Mulhere, ofRW A, Inc., representing Woodfield Builders, LLC,
requesting a rezone from "A" Rural Agricultural to "RPUD" Residential
Planned Unit Development to be known as Rockedge RPUD, subject to the
approval of an Affordable Housing Density Bonus Agreement authorizing
the developer to utilize affordable housing bonus density units (in the
amount of 111 units at 7.5 bonus density units per acre) in the development
of this project for low-income residents. The 76.46 acres subject property is
located on the east side of Collier Blvd. (CR 951) approximately 6 tenths of
a mile south of intersection with Rattlesnake-Hammock Road, in Section 23,
Township 50, Range 26 East, Collier County, Florida. This item requires
that all participants be sworn in and ex parte disclosure be provided by
Commission members.
Page 5
February 28, 2006
Motion to continue to June 6t\ 2006 BCC meeting - Approved 5/0
D. This item was continued from the Februarv 14~ 2006 Board of Countv
Commissioners Meetin2. Recommendation that the Board of County
Commissioners adopt an Ordinance amending Schedule Seven of Appendix
A of Chapter 74 of the Collier County Code of Laws and Ordinances (The
Collier County Consolidated Impact Fee Ordinance), to reflect the amended
rates set forth in the impact fee study, providing for the incorporation by
reference of the impact fee study entitled Collier County Emergency
Medical Services Impact Fee Update Study, establishing methodology for
the annual indexing adjustment to the Emergency Medical Services Impact
Fee Rates, and providing for a delayed effective date of April 3, 2006.
Ordinance 2006-09: Adopted 5/0
E. Recommendation that the Board of County Commissioners adopt an
Ordinance amending Schedule Five of Appendix A of Chapter 74 of the
Collier County Code of Laws and Ordinances (The Collier County
Consolidated Impact Fee Ordinance), to reflect the amended rates set forth
in the impact fee study, providing for the incorporation by reference of the
impact fee study entitled Collier County 2005 Fire/Rescue Services Impact
Fee Update Study, establishing a methodology for the annual indexing
adjustment to the Fire Impact Fee Rates, and providing for a delayed
effective date of May 15,2006.
Ordinance 2006-10: Adopted 5/0
F. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. DOA-2005-AR-8ll3:
Michel Saadeh, of Vineyards Development Corporation, as owner and agent,
is requesting an extension of the DR! Development Order build-out date
from May 7, 2005 to May 6, 20 1 0 to allow completion of ongoing and
planned construction planned for the Vineyards of Naples DR!. The subject
property, consisting of 1,930 acres, is located along 1-75 bounded by Pine
Ridge Road to the south, Vanderbilt Beach Road to the North, Airport-
Pulling Road to the west and Logan Blvd. to the east, within Sections 5 & 8,
Township 49 South, Range 26 East, also portion of Section 6, Township 49
South, Range 26 East and portion of Section 1, Township 49 South, Range
25 East, Collier County, Florida.
Resolution 2006-49/Development Order 2006-01: Adopted 5/0
Page 6
February 28, 2006
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Bayshore Beautification MSTU Advisory
Committee.
Resolution 2006-45: Re-appointing Thomas E. Finn - Adopted 5/0
B. Appointment of member to the Ochopee Fire Control District Advisory
Board.
Resolution 2006-46: Appointing Joseph L. Dillon - Adopted 5/0
Withdrawn
C. Request to reconsider Petition Sandalwood RPUDZ-2004-AR-6932.
(Commissioner Halas request)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. Recommendation to approve an
Agreement for Sale and Purchase with Collier Development Corporation,
now known as CDC Land Investments, Inc., for 47.93 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$2,106,400. (Joseph K. Schmitt, Administrator, Community Development
and Environmental Services Division)
Approved - 5/0
B. Recommendation to approve an alternative road impact fee calculation and
resulting rate of $8,854 per 1,000 square feet for the proposed Naples
Motorsports automobile dealership. (Norman Feder, Administrator,
Transportation Services)
Approved - 5/0; Staff to work on calculation for accessing impact fees
regarding vehicles for sale - Consensus
C. Recommendation to award bid #06-3920 - annual contract for "Annual Road
Micro-Surfacing Contract" for the approximate annual amount of
$1,100,000. (Norman Feder, Administrator, Transportation Services)
Approved - 5/0
D. Follow-on report to the Board of County Commissioners regarding existing
codes of laws and ordinances throughout the State of Florida regarding the
enforcement efforts of the Contractor Licensing Office and the Code
Enforcement Department pertaining to the regulation of contractors found in
Page 7
February 28, 2006
violation of applicable laws and ordinances. (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services
Division)
Motion to accept staff's recommendation to change the LDC-
Approved 5/0
E. Recommendation for the Board of County Commissioners to approve budget
amendments to re-allocate unspent landscape maintenance funds in the
amount of $1 ,462,422 to CAT bus shelters, Pelican Bay Resurfacing,
Limerock Conversion and other Landscape Projects. (Norman Feder,
Administrator, Transportation Services)
Approved - 5/0
Moved from Item #16B7
F. Approve Selection Committee ranking of firms, and approve attached
Contract for RFP #06-3919, "Professional Surveying and Related Services"
for Randall Blvd. (Immokalee Rd. to Desoto Blvd.), County Project #60065
in the amount of$589,955.87.
Approved - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. James Cusick - Rivera Golf Course zoning issues
B. David Jackson - Request that BCC have a special session for LDC
Amendments for the Bayshore/Gateway overlay - staff to prepare
Executive Summary regarding issue - consensus
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mudd: Joint workshop with city of Naples.
B. Weigel: Affordable housing fees or donations to establish an affordable
housing mitigation fee, to establish a uniform application
C. Coyle: Proposed an award or proclamation to the Barron Collier High
School Girls' Basketball Team for winning State.
D. Fiala: Update on Diamond Shores
Page 8
February 28, 2006
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E. Henning: Expressed concern with number of land-use petitions and the
budget hearings in June; recognized Norm Feder on the vast number of
road project improvements in Collier County.
F. Halas: Trip to Washington, D.C. to work with lobbyists
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
------------------------------------------------------------------------------------------------------------
Approved and/or adopted with changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve an Agreement for Sale and Purchase
with Jack Alexander Snay for 4.24 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $165,650.
Located within Unit 53, Golden Gate Estates (Red Maple Swamp
Preserve)
2) Recommendation to approve an Agreement for Sale and Purchase
with Sunshine Trusts, LLC. for 4.04 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $161,650.
Located within Unit 53, Golden Gate Estates (Red Maple Swamp
Preserve)
3) Recommendation to approve an Agreement for Sale and Purchase
with Ana L. Gonzalez and Marta M. Famada for 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $71,150.
Located within Unit 53, Golden Gate Estates (Red Maple Swamp
Preserve)
4) Recommendation to approve for recording the final plat of Golden
Gate Estates Unit 48 Tract 1 Replat.
5) Recommendation to approve for recording the final plat of Arrowhead
Reserve at Lake Trafford Block B, approval of the standard form
Page 9
February 28, 2006
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
6) Recommendation to approve for recording the final plat of Reflection
Lakes at Naples Unit II (Phases II & III), approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
W /stipulations
7) CARNY-05-AR-8584, Annie Alvarez, Athletics/Special Events
Supervisor, Collier County Parks and Recreation Department,
requesting a permit to conduct the annual Country Jam on March 10
through 12, 2006, at the Vineyards Community Park located at 6231
Arbor Boulevard.
Carnival Permit 2006-02 w/waiving license and surety bond
8) Recommendation to approve final acceptance of water utility facility
for Cemetery Mausoleum and Chapel at Palm Royale.
W /release of the Utilities Performance Security
9) Recommendation that the Collier County Board of County
Commissioners approve a budget amendment of up to $24,000, from
FY06 Fund 186 adopted budget, to cover a gap in salary for the
Immokalee Weed and Seed Coordinator position. (This is a
companion to Item #16GI)
For a community based crime prevention program in Immokalee
Moved to Item #17 A
10) Recommendation to approve Petition A VESMT2005-AR7203 to
disclaim, renounce and vacate the County's and the Publics interest in
three 30 foot wide Right of Way Reservations as recorded in O.R.
Book 313, Page 41, O.R. Book 342, Page 192 and O.R. Book 1048,
Page 1968, Public Records of Collier County, Florida; Companion to
final plat approval for Brentwood Two.
11) Recommendation for the Board of County Commissioners to approve
for recording the final plat of Brentwood Two," companion to Petition
A VESMT2005-AR7203, and authorize acceptance of a conveyance of
a portion of this plat, and authorize the Chairman to convey said
Page 10
February 28, 2006
portion to FDOT for the loop ramp improvement from Immokalee
Road onto 1-75.
Resolution 2006-42 W /stipulations
B. TRANSPORTATION SERVICES
1) Recommendation to approve a Budget Amendment recognizing
increased grant funding for Collier Area Transit in the amount of
$141,498 from the Federal Transit Administration (FTA) 5307 grant.
To be used for fleet expenses, bus shelters, bus wraps, radios and
towards the purchase of an additional bus
2) Recommends Board's approval of Adopt-A-Road Agreement (1) for
the following: Gabriel Pena-Weichert Realtors Internet Realty Group.
At no cost because of already existing signs
3) Recommendation for the Board of County Commissioners to approve
the repayment of impact fees for the US41 from SR 951 to CR92
Project Development and Environment (PD&E) Study from Gas
Taxes in the amount of $813,200.
Rather than waiting for reimbursement from FDOT in 2008
Withdrawn
4) Recommendation to award Contract #06-3905 Fixed Term Road
Safety Audit Services" to three firms at an estimated cost of $180,000
annually,
Awarded to Kittelson & Associates, Inc., Vanesse Hangen Brustin,
Inc. and TBE Group, Inc.
5) Recommendation to authorize staff to approve one (1) Work Order for
Wall Systems of Florida DBA Professional Building Systems for
construction of three RCP Style Bus Shelters and adjoining amenities
(Contract #02-3349 Annual Contract for General Construction) for a
base amount of$83,789.00 and contingency of$4,189.45 for a total of
$87,978.45.
For three (3) sites on Radio Road
6) Recommendation to approve converting five (5) Desk Top Computers
to five (5) Laptop Computers for the Transportation Engineer
Inspectors at a cost of $5,000.
Page 11
February 28, 2006
For improved efficiency in the field while monitoring road
projects
Move to Item #10F
7) Approve Selection Committee ranking of firms, and approve attached
Contract for RFP #06-3919, "Professional Surveying and Related
Services" for Randall Blvd. (Immokalee Rd. to Desoto Blvd.), County
Project #60065 in the amount of $589,955.87.
Awarded to AIM Engineering & Surveying and RWA
8) Recommendation to accept two Lake Maintenance and Drainage
Easements from Pulte Home Corporation and the Orange Blossom
Ranch North and South Master Associations for the purpose of
recording the OR Book and Page on the previously Board approved
Orange Blossom Ranch North lA and lB plat maps prior to their
recordation in the public records.
To prevent construction overlays and difficulties in the future
C. PUBLIC UTILITIES
1) Recommendation to approve Change Order #2 under contract #02-
3313 (Professional Geographic Information System (GIS) Services for
Collier County) to Wilson Miller, Inc., in the amount of $185,827.50
and approve the necessary budget amendment.
For updating Utility system data and provide training support for
GIS staff
2) Recommendation to award Work Order CDM-FT-3593-06-02 with
Camp, Dresser, and McKee, Inc., for professional engineering
services for the design of Tamiami Well No.3 7 and services during
construction for both Tamiami Wells No. 34 and No. 37 in the amount
of$483,979, Project Number 70158.
To meet the demand in the County and to stay in compliance with
regulatory requirements
3) Recommendation to award Work Order CH2-FT-3785-06-01 Contract
05-3785 "Fixed Term Utility Engineering Services" to CH2M HILL,
Inc. in an amount Not to Exceed $200,000.00 to provide professional
services for design of project management documentation to serve the
County Wide Capital Project Delivery Process (CAPDEP), and
Page 12
February 28, 2006
approve the necessary Budget Amendments for Project Number
75006.
To optimize resources, efficiency and standardize the process for
all divisions in Collier County
4) Recommendation to award Work Order HS-FT-3785-06-05 in the
amount of$150,000 to Hazen and Sawyer, P.C., and to approve the
necessary budget amendments to perform a professional engineering
study for a wastewater treatment capacity analysis, a process
enhancement and modernization, and a maximization and
optimization of the total operation of the North County Water
Reclamation Facility (NCWRF), Projects 750081 and 750082.
To increase reliability and meet peak sewer demands for Collier
County's wastewater customers
5) Recommendation to approve Work Order MP-FT-3785-06-05 to
Malcolm Pirnie for the Engineering Services in the Amount of
$357,218 for the Design, Modeling, Construction Plans, and
Technical Support of probable improvements and upgrading to the
existing Master Pump Station, Project 73945, Project 73051.
To analyze data, forecast necessary improvements, upgrades and
avoid discharge of untreated wastewater
6) Recommendation to approve Budget Amendments for $106,284.43 in
Water Impact Fee Capital Projects Fund 411 and $146,504.86 in
Water User Rate Capital Projects Fund 412 to reimburse the amount
that did not roll forward from fiscal year 2005 to fiscal year 2006.
7) Recommendation to approve the submittal of the attached Water
Savings Incentive Program (SIP) grant applications to the South
Florida Water Management District (SFWMD) for each project in
Public Utilities Engineering Division's (PUED) Construction Water
Savings Program.
To development and implement water conservation programs
8) Recommendation to award Contract #06-3940 to E.B. Simmonds
Electrical, Inc. to construct the Wastewater Collections Lift Station
Electrical Upgrades and Telemetry Additions, in the amount of
$263,350.00, Project 73922.
Page 13
February 28, 2006
To improve the overall Wastewater Collections system reliability
9) Recommendation that the Board of County Commissioners approve a
draw of$ll,OOO,OOO against a previously approved Local
Government Pooled Commercial Paper Program Loan Agreement;
Designating the Chairman of the Board of County Commissioners to
be the authorized signor of the draw agreement.
For constructing necessary water capital improvement projects
D. PUBLIC SERVICES
1) Recommendation to approve the submittal, and accept the award and
execute the agreement for a $6,000 Library Services & Technology
grant application to the Florida Department of State, Division of
Library and Information Services for an "English Language Leamer
Short Story Discussion Program;" and to approve the necessary
budget amendment.
To fund a series of short story discussion programs
2) Recommendation to approve application and Memorandum of
Understanding for a Safe Havens: Supervised Visitation and Safe
Exchange Grant in the amount of $350,000 from the United States
Department of Justice.
As detailed in the Executive Summary
3) Recommendation to adopt a Resolution amending the Collier County
Parks and Recreation Department Facilities and Outdoor Areas
License and Fee Policy.
Resolution 2006-43
4) Recommendation to approve a budget amendment recognizing a
developer contribution of$500,000 toward the Vanderbilt Beach
Access #8 project.
Located north of the former Vanderbilt Inn property and south of
Delnor Wiggins State Park for the construction of a beach access
facility
5) Recommendation to approve the Older Americans Acts continuation
grant in the amount of $858,413 and authorize the Chairman to sign
the agreement between Collier County Board of County
Page 14
February 28, 2006
Commissioners and the Area Agency on Aging for Southwest Florida,
Inc.
To provide uninterrupted support services to Services for Senior's
frail and elderly clients for the period January 1, 2006 through
December 31, 2006
E. ADMINISTRATIVE SERVICES
1) Report and ratify Property, Casualty, Worker's Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution # 2004-15 for the first quarter of FY
06.
For the period October 1,2005 through December 31,2005
2) Recommendation to approve a Freedom Memorial Park Monument
application from the American Foundation for Hungarian Youth and
Culture, Inc.
To be located near the north pedestrian entrance to the main
Government Complex
3) Request from The City of Everglades and the Collier County School
District for the Donation of Surplus County Assets Authorized for
Sale in the Public Surplus Property Auction Scheduled for March 11,
2006.
For the donation of five vehicles
F. COUNTY MANAGER
1) Recommendation to approve payment for one-half of the installation
of an emergency traffic signal for the new EMS Station #22 on
Bayshore Drive and to approve a Budget Amendment in the amount
of$73,778.25.
To allow safe egress for EMS and Fire vehicles
2) Recommendation to authorize the Chairman to sign entry forms for
the National Association of Counties (NACO) Achievement Awards.
Submitted for the WWII Capture Living History project: the
Arts and Historic Preservation category and the county Arts &
Culture awards category, and for Happy Tails (the county's pet
Page 15
February 28, 2006
adoption TV show)
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Community Redevelopment Agency (CRA)
approve the expenditure of up to $24,000, from FY06 Fund 186
adopted budget, to cover a gap in salary for the Immokalee Weed and
Seed Coordinator position. (This is a companion to Item 16A9)
To prevent, control and reduce violent crime, drug abuse and
gang related activity in Immokalee
2) To approve and execute the Site Improvement Grant Agreements
between the Community Redevelopment Agency (CRA) and grant
applicants within the Bayshore Gateway Triangle Community
Redevelopment area. ($40,000)
As detailed in the Executive Summary
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning requesting reimbursement for attending a
function serving a valid public purpose. Commissioner Henning
attended, as an Executive Board Member, the Southwest Florida
Regional Stewardship Alliance meeting. $49.00 to be paid from
Commissioner Henning's travel account.
Held at the Colony Bay Club in Bonita Springs on February 2,
2006
2) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Veteran Services Department Volunteer Luncheon on February 16,
2006 at the Elks Lodge; $15.00 to be paid from Commissioner Halas'
travel budget.
To meet with volunteers and constituents to thank them for their
dedication and service to Collier County veterans
3) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attending the
Naples Community Hospital 50th Anniversary Celebration on March
Page 16
February 28, 2006
4, 2006 at NCH; $30.00 to be paid from Commissioner Halas' travel
budget.
Held at the Robert L. & Marie K. Telford Building, 350 Seventh
Street North, Naples - Events begin at 6:00 p.m.
4) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attending the
Marine Corps League of Naples Press Day Luncheon on March 15,
2006 at Elks Lodge; $15.00 to be paid from Commissioner Halas'
travel budget.
Located at 3950 Radio Road, Naples at 11 :00 a.m.
5) Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attending the
Gulf Citrus Country Gala on March 18, 2006 at LaBelle Civic Center;
$50.00 to be paid from Commissioner Halas' travel budget.
Located at 481 State Road 80, LaBelle at 6:00 p.m.
6) Commissioner Coletta requests Board approval for reimbursement
for attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Marjorie Stoneman Douglas Festival's
High Tea Buffet while a speaker at its opening ceremonies. He is
requesting reimbursement in the amount of $1 0.00 to be paid from his
travel budget.
Held at the Seafood Depot Restaurant, 102 Collier Avenue,
Everglades City at 2:30 p.m.
7) Commissioner Fiala requests Board approval for reimbursement for
funds already paid to attend a function serving a valid public purpose.
To attend the Marine Corps League of Naples Press Day Luncheon on
March 15,2006 at the Elks Club; $15.00 to be paid from
Commissioner Fiala's travel budget.
Located at 3950 Radio Road, Naples at 11 :00 a.m.
8) Appoint a Board of County Commissioners' designee as the Board's
representative on the Collier County Public Safety Coordinating
Council.
Appointing Commissioner Coyle for 2006 and subsequent years
Page 17
February 28, 2006
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence to file for record with action as
directed.
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
1) Recommendation to approve an agreed order awarding expert witness
fees and costs as to Parcels 135, 735A & 735B in the lawsuit styled
Collier County v. Wal-Mart Stores, Inc., et al., Case No. 04-3632-CA
(Immokalee Road Project #66042). (Fiscal Impact $155,409.35)
Direct staff to pay the sum of $155,409.35 to James A. Helinger,
Jr., P.A. Escrow Account for proper disbursement
2) Recommendation to approve an agreed order awarding expert witness
fees and costs as to Parcels 162 & 762 in the lawsuit styled Collier
County v. Beverly J. Gatti, et al., Case No. 03-2551-CA (Golden Gate
Parkway Project #60027). (Fiscal Impact $7,500.00)
Direct staff to pay the sum of $5,000 to Erickson Appraisals, Inc.
and $2,500 to D.M.A. Engineering for proper disbursement
3) Recommendation to approve the stipulated final order as to Home
Depot's Interest in Parcel 103 in the lawsuit styled Collier County v.
Ocean Boulevard Partnership, et al., Case No. 04-4300-CA
(Immokalee Road Project No. 66042). (Fiscal Impact $2,800)
For Engineering and Attorney's Fees
4) Recommendation to approve an agreed order awarding expert fees
and costs associated with the taking of parcels 106 and 706 in the
lawsuit styled Collier County v. Louis E. Cermin ara, et al., Case No.
05-0620-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal
Impact: $14,500.00)
5) Recommendation to approve an agreed order awarding expert fees
and costs associated with the taking of parcels 107 and 707 in the
lawsuit styled Collier County v. Louis E. Cerminara, et al., Case No.
05-0620-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal
Page 18
February 28, 2006
Impact: $13,700.00)
6) Recommendation to approve an agreed order awarding expert fees
and costs associated with the taking of parcels 108 and 708 in the
lawsuit styled Collier County v. Louis E. Cermin ara, et aI" Case No.
05-0620-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal
Impact: $12,500.00)
7) Recommendation to approve an agreed order awarding expert fees
and costs associated with the taking of parcels 109 and 709 in the
lawsuit styled Collier County v. Susan C. Hallock, et al., Case No. 05-
0646-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal
Impact: $12,500.00)
8) Recommendation to accept an offer of judgment and approve a
stipulated final judgment for parcel No. 146 in the lawsuit styled
Collier County v, Ziad Shahla, et al., Case No. 04-600-CA
(Vanderbilt Beach Road Project #63051). (Fiscal Impact $8,539.00)
As detailed in the Executive Summary
9) Recommendation to approve a stipulated order taxing expert witness
fees and costs as to Parcel 177 in the lawsuit styled Collier County v.
Big Corkscrew Island Fire District, et al., Case No. 02-2218-CA
(Immokalee Road Project #60018). (Fiscal Impact $11,500.00)
Direct staff to pay the sum of $11,500 to the Roetzel and Andress
Trust Account c/o Kenneth A. Jones, Esq. for proper
disbursement
10) Recommendation that the Board of County Commissioners approve a
settlement agreement and release with J. C. Drainfield Repair, Inc.
arising out of violations of Ordinance No. 2003 -18, the Industrial
Pretreatment Ordinance.
As detailed in the Executive Summary
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
RECOMMENDA TION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
Page 19
February 28, 2006
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.
Moved from Item #16AI0
A. This item requires that all participants be sworn and ex parte
disclosure be provided bv Commission members. A VESMT2005-AR720
to disclaim, renounce and vacate the County's and the Publics interest in
three 30 foot wide Right of Way Reservations as recorded in O.R. Book 313,
Page 41, O.R. Book 342, Page 192 and O.R. Book 1048, Page 1968, Public
Records of Collier County, Florida; Companion to final plat approval for
Brentwood Two.
Resolution 2006-44 W /stipulations
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 20
February 28, 2006
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
Februarv 28. 2006
Withdraw Item 9C: Request to reconsider Petition Sandalwood RPUDZ-2004-AR-
6932 (Commissioner Halas' request.)
Item 100: Please note that the report on contractor licensing was printed
incorrectly. The Executive Summary printed on the blue stock is actually the
referenced back-up executive summary from the January 10, 2006 BCC meeting.
The correct Executive Summary for this item are pages 5 through 10 of this item
and is printed on the white stock. (Staff's request.)
Item 16A8: Under CONSIDERATIONS, add an additional line to the Executive
Summary that reads: 7) The water utility infrastructure connected beyond the
master meter is owned and maintained by the owner. (Staff's request.)
Move Item 16A10 to 17A: Recommendation to approve Petition AVESMT2005-
AR7203 to disclaim, renounce and vacate the County's and the Public's interest in
three 30 foot wide right-of-way reservations as recorded in O.R. Book 313, Page
41, O.R. Book 342, Page 192 and O.R. Book 1048, Page 1968, Public Records of
Collier County, Florida; companion to final plat approval for Brentwood Two.
(Staff's request.)
Withdraw Item 16B4: Recommendation to award Contract #06-3905 Fix Term
Road Safety Audit Services to three firms at an estimated cost of $180,000
annually. (Staff's request.)
Move 16B7 to 10F: Approve Selection Committee ranking of firms, and approve
attached Contract for RFP #06,3919, "Professional Surveying and Related
Services" for Randall Blvd. (Immokalee Road to Desoto Blvd.), County Project
#60065 in the amount of $589,955.87. (Staff's request.)
4A
,,~r;1.
PROCLAMA TION
WHEREAS, the purchasing profession plays a significant role in the efficiency
and effectiveness of both government and business: and,
WHEREAS, purchasing professionals, through their combined purchasing
power, spend bIllions of dollars every year and have a significant
influence upon economic conditions throughout the world: and,
WHEREAS, the Collier County Purchasing Department provides value-added
services such as contract negotiation and administration, vendor
management, and training: and,
WHEREAS, the Collier County Purchasing Department and professional
purchasing associations throughout the world engage in special
efforts during the month, of March.....to inform the public about
the importancec ofthei"tJJe.playedbr the.;purchasing profession in
business, industry~. and government. ,Jf
",
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NOW THEREFORE, be it ,ri;claimed bjl'the.' BoaPiloi}:ounty'Commissioners
'. "
of Collier County,,' Florida'j,that they recognize the importance of
the purchasing profes$ion 'in general, and, the, Collier County
Purchasing Deparfnutnt inparticuldr,dand'hereby declare the
mtJnthof March "2006 tiS ",r
" '~, .f _,' , ',- ;, ~\ \':> ,
" _~; '~' .". 'ti. ,~', ' '\,'
'NQtID;''aIPurc''Jsing\MD~.th
DONE AND ORDEREDrHIS 28th Doyof February, 2006.\.
\ , ,ii~" ,
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iJoJlRi1!bF.COUNTYCOMMISSIONERS
'CO/J:IER ''COUN1Y,tJ:LORIDA
;;., , I,
'If,j Ji
~ 'RANK HALAS, CHAIRMAN
"~""""'_'_'_"'"'M"'~~.'_~_"___,_,, "_~""__,~..._....,_. --"~_'_.
48
PROCLAMA TION
WHEREAS, bird watching is the nation s second fastest growing recreational
activity: and,
WHEREAS, Collier County is nationally recognized as a bird-watchers
paradise: and,
WHEREAS, the Florida Fish and WIldlife Conservation Commissions Great
Florida Birding TraIl South Florida Section has been published;
and,
WHEREAS, Tigertail Beach Park, Eagles Lakes Community Park, Corkscrew
Swamp Sanctuary, Delnor- Wiggins Pass State Park, Conservancy
Nature Center, Picayune St':..and State Forest: Sabol Palm Hiking
TraIl, Rookery Bay^!tltiona~1Estum:ineResearch Reserve, Col/ier-
Seminole St'!,~,!PorIt,;lllfqkah~tche~)StrQ1ld,".State Park, Everglades
< jb;: . ,:~, ' ,
Nationa/POf!/!i!JGulf:Coas,/"fVisitors, Center, and Big Cypress
NationallTe~el"Vtt were selected for inclusion in,the Great Florida
Birding." Tral1,,'South Florida Section for, their bird watching
cha~~~e'J.~tics, 9~~JTffbll(r~.' ~ntl abilir,;, to. withstQ1ld birder use.
't:/' '~t' '~- t ..
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Col(ii:r County, Florida,t~at March .2006, be designated as
~ ~ ' "
~t?u~h 'f{lJ,;(t!a Birt{{ng Trail Month
;,'-, ......-'\ ... '
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DONE AND ORDERED THIS 28th ~9r of February, 20p6. ",
"t 'f" ","" .
BOARD OF COUNTY COMMISSIONERS
~OLUER CQUN7Y, FLORIDA
,":'/1' ;l<c"'t. '
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=- ~----~~ ~ ---/'
FRANK HALAS, CHAIRMAN
A TrEST:
_u -- rU7 AU---
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:
............................................***...***...*...........~~.....*...:.~.~..........*.....
Originating Dept/ Div: Comm.Dev.Serv,/Planning Person: Michael DeRunt~f f-- Date: ~ 4' /?'~
Petition No. (If none, give brief description): CU-2004-AR-5439, 56th A venue NE Excavation
Petitioner: (Name & Address):Keene Engineering, Darryl J. Damico, 1199 First Ave, South, Naples, Fl. 34102
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Bradar & Company,
Inc., Darryl J. Damico, 1810 J & C Blvd., Unit 10, Naples, FI. 34109
Hearing before BCC
BZA
Other
Requested Hearing date:
Februarv 14, 2006
Based on advertisement appearing IS days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: CU-2004-AR-5439, Darryl J. Damico, represented by
Beau Keene, P,E., of Keene Engineering, requesting Conditional Use #7 of the "E" Estates district for earthmining per Table 2,
Section 2.04.03 of the Land Development Code (LDC). The request would combine two existing excavation pennits (59.605 and
59.702) with a total lake excavation area of 15 acres and an additional ]0.19 acres excavation (removing the strip of land between the
lakes and excavating an area used for dewatering and storage of excavated materials) into a single 25.19 acres lake. The property is
located between 54tb Avenue N.E. and S6tb Avenue N.E., Golden Gate Estates Unit 45, in Section 4, Township 48 Soutb, Range 28
East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date: Companion to V A-2004-AR-5438
Does Petition Fee include advertising cost? Yes
113-138312-649110
No If Yes, what account should be charged for advertising costs:
Reviewed by:
~~
1J>~r
Date
Approved by:
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BeC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document Is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
********************************w******************.....***.*.......****.**.******..*.**..............
FOR CLERK'S 0~/o~E ONLY,
Date Receiv~d: J I Date of Public hearing: ~ Date Advertised: ~~
-..-, .' - '"
. .
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7 ',A
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RESOLUTION NO. 06-
A RESOLUTION OF TI:IE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE IN TI:IE "E" ESTATES ZONING DISTRICT
FOR EARTH MINING ACTIVITIES PER TABLE 2,
SUBSECTION 2.04.03 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR THE EXPANSION OF TWO
DULY PERMITTED EXCAVATION OPERATIONS FOR
PROPERTY LOCATED IN SECTION 4, TOWNSHIP 48 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coor~te 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) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is the
granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a conditional use
per Table 2 Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning District
for earth mining activities, The request is for the expansion of two duly permitted excavation
operations on the property hereinafter described. The Collier County Planning Commission has
found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been
made concerning all applicable matters required by said regulations and in accordance with
Subsection lO.08.00.D of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in a public meeting assembled and the Board having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that:
The petition filed by Beau Keene, P.E., of Keene Engineering, representing
Darryl K. Damica, with respect to the property hereinafter described as:
Page 1 of2
-~ '
~
-4,
P'" 7'A
Exhibit "B" attached hereto and incorporated by reference herein.
be and the same is hereby approved for a conditional use per Table 2 of Subsection
2.04.03 of the Land Development Code in the "E" Estates Zoning District for the
expansion of two duly pennitted excavation operations in accordance with the
Conceptual Master Plan (Exhibit "C") and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted after motion. second and super-majority vote.
Done this
day of
.2006.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
, CHAIRMAN
ATIEST:
DWIGHT E. BROCK, CLERK
DEPUTY CLERK
Approved as to fonn and
legal sufficiency:
.~~i.rt~. j).b~/~-Ikt--:/,,_-
Matj 'e . Student-Stirling r- - ---0
Assistant County Attorney
CU-2004-AR-'439IMDRI.p
Page 2 of2
"
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FINDINGS OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2004-AR-5439
The following facts are found:
1. Table 2 Section 2.04.03 of the Land Development Code authorizes the conditional use for
earth mining activities in the Estates zoning district.
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 dis1rict:
Compatible use within dis1rict
Yes No
Based on the above fmdings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval
DATE:
CHAIRMAN:
EXHIBIT "A"
.
56th Avenue N.E. Excavation
REAL PROPERTY OWNERSHIP
GOLDEN GATE
ESTATES
PARCEL # FOLIO # TRACT Y!ill: ACQUIRED
1 39027480001 E 180' 84 45 02-0ct
2 39030440009 W180' 108 45 02-0ct
3 39030400007 W75' 107 45 03-Nov
4 39030320006 E 75' of W 150' 107 45 Jun-99
5 39030280007 W 75' of E 180' 107 45 02-Sep
6 39030360008 E 105' of E 180' 107 45 Jan-OO
7 39030840007 W 105' 114 45 Jun-99
8 39030760006 E 75' ofW 180' 114 45 Oct-98
9 39030880009 W 75' of E 150' 114 45 Mar-98
10 39030800005 E75' 114 45 Jan-99
11 39030920008 115 45 Nov-98
12 39030720004 113 45 Mar-99
13 39030640003 E 150' 112 45 Dec-98
14 39030680005 W 180' 112 45 Dec-98
15 39030600001 110 45 Apr-97
16 39030560002 109 45 Apr-97
Exhibit "B"
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. V A-2004-~-5438 .
PRO.JECT-#100311 001 6
IMTE:-:~12104
MICHAEL DERUNTZ
(COMPANION TO CU-2004-AR-5439)
7A
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FDUD * 39027480001
EAST 180' of TRACT 84
---------
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- --~_._.._-------_..-_._~_.._...._---_.,_." ..-.
~ FDUD # 39~30440009
\C:) WEST 180' of TRACT 108
I
.. ------1-- .._---..
- , . --
- NOT A PART--
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. OF THIS PROJECT _ _
-- -
~ FDUD # 39030400007
\:::;:J WEST 75' of TRACT 107
FOUO * 39030560002
TRACT 109
---------
FOUO * 39030600001
TRACT 110
I
FDUO * 39~309200081 I
TRACT 115
I
1
FOUO I 3903072004 12\
TRACT 113 ~
56th A VENUE N.E. EXCA VA TION
OWNERStIP IOOIBIT
KEENE ENGINEERING
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Conditions for Approval of Conditional Use CU-2004-AR-5439
(October 20, 2005)
1. The conditional use approval to allow an earth mining is limited to what is
depicted on the Conceptual Site Plan, entitled, "S6th Avenue N.E. Excavation" last
revised February 2004, which is a one-page set of plans prepared by Keene
Engineering, stamped received July 12, 2004, except as further conditioned
below.
2. A Type "D" buffer shall be placed along the perimeter of the property,
3. The minimum separation of SO' shall be provided between the excavation area
and the property and right-of-way lines.
4. Profiles of the existing excavation on the subject property shall be provided,
S. A common lake maintenance agreement shall be provided for the existing and
future property owners.
6. An access easement shall be provided for the two lots, which do not adjoin the
future lake area.
7. The Director of the Department of Zoning and Land Development Review may
approve minor changes in the location, siting or height of buildings, structures,
and improvements authorized by this Conditional Use. Expansion of the uses
identified and approved within this Conditional Use application, or major changes
to the site plan submitted as part of this application, shall require the submittal of
a new Conditional Use application, and shall comply with all applicable County
ordinances in effect at the time of submittal, including Section 10.02,03, Site
Development Review and approval, of the Collier County Land Development
Code (Ordinance 2004-41).
8. The variance request 01 A-2004-AR-S438) must be approved by the Board of
Zoning Appeals prior to the approval of this conditional use request (CU-2004-
AR-S439),
Exhibit "D"
January 17, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: CU-2004-AR-5439, 56th Avenue NE Excavation
Dear Legals:
Please advertise the above referenced notice on Sunday, January 29, 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
"-'~-"~--'-----"^-'_..'-'---__,_."_,,~_,__,,,__u~_
7A
~
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, February 14,
2006 in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin at 9:00 A.M.
The Board will consider Petition CU-2004-AR-5439, Darryl J.
Damico, represented by Beau Keene, F.E., of Keene Engineering,
requesting Conditional Use #7 of the "En Estates district for
earthmining per Table 2, Section 2.04.03 of the Land Development
Code (LDC). The request would combine two existing excavation
per.mits (59.605 and 59.702) with a total lake excavation area of
15 acres and an additional 10.19 acres excavation (removing the
strip of land between the lakes and excavating an area used for
dewatering and storage of excavated materials) into a single 25.19
acres lake. The property is located between 54th Avenue N.E. and
56th Avenue N.E., Golden Gate Estates Unit 45, in Section 4,
Township 48 South, Range 28 East, Collier County, Florida.
Companion Item: VA-2004-AR-5438
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
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: //Heidi R. Rockhold, Deputy Clerk
Heidi R. Rockhold
7A
From:
Sent:
To:
Subject:
Heidi R. Rockhold
Tuesday, January 17, 2006 2:25 PM
'Iegals@naplesnews.com'
CU-2004-AR-5439, 56th Avenue NE Excavation
Attachments:
C U-2004-AR-5439 .doc; C U-2004-AR-5439. doc
Legals,
Please advertise the above mentioned notice on Sunday, January 29. 2006.
CU-2004-AR-5439. CU-2004-AR-5439.
doc (30 KB) doc (28 KB)
{{ questions, please call.
Thank you.
Heidi R. Rockhold
Clerk to the Board of COllnt,v Commissioners
Aifinlltes and Records Department
(Phone) 239-774-8411
(Fax) 239-774-8408
(heidi. rockhold@clerk.collierfl.lIs)
Heidi Rockhold
Heidi R. Rockhold
7A
From:
Sent:
To:
Subject:
ClerkPostmaster
Tuesday, January 17, 2006 2:25 PM
Heidi R. Rockhold
Delivery Status Notification (Relay)
Attachments:
ATT1211402.txt; CU-2004-AR-5439, 56th Avenue NE Excavation
[]~
. ~~:~^
,....---.'
1':::-.../1.....
U
ATT1211402.txt CU-2004-AR-5439,
(2316) 56thAvenueN.., '7'/_" , , II ID I' S'. liT;!, "
1 nUl IS an automallca y generatet. e lve~y, latus ivot1;jlcatLOn.
Your message has been succes,~fit!ly rela.yed to thefollovving recipients, but the requested
delivelJ' status not~fications may not be generated l~y the destination.
t egals@!naptesnevvs.com
Heidi Rockhold
.'
7A
Heidi R. Rockhold
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, January 17, 2006 2:25 PM
Heidi R. Rockhold
Delivered: CU-2004-AR-5439, 56th Avenue NE Excavation
Attachments:
CU-2004-AR-5439, 56th Avenue NE Excavation
G":":J
L.::J
CU-2004-AR-5439,
56th Avenue N...
<<CU-2004-AR-5439, 56th Avenue NE Excavation>> Your message
To: legals(iijnaplesnelvs.conJ
Sul?ject: CU-2004-AR-5439, 56th Avenue NE Excavation
5'ent: Tue, 17Jan 2006 14:24:34 -0500
lWIS delivered to thefollowing recipient(s):
legals on Tue, 17Jan 2006 14:24:32 -(}500
Heidi Rockhold
CU-2004-AR-5439. 56th Avenue NE Excavation
Page 1 of 1
Heidi R. Rockhold
7A
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Tuesday, January 17, 2006 5:13 PM
To: Heidi R Rockhold
Subject: RE: CU-2004-AR-5439, 56th Avenue NE Excavation
OK
-----Original Message-----
From: Heidi R. Rockhold [mailto:Heidi.Rockhold@clerk.collier.fl.us]
Sent: Tuesday, January 17, 20062:25 PM
To: legals@naplesnews.com
Subject: CU-2004-AR-5439, 56th Avenue NE Excavation
Legals,
Please advertise the above mentioned notice on Sunda,V, January 29, 2006.
<<CU-2004-AR-5439. doc>> <<CU-2004-AR-5439. doc>>
~lquestions, please call.
Thank you,
Heidi R. Rockhold
Clerk to the Board qf County Commissioners
lvlinutes and Records Department
(Phone) 239-774-8411
(Fax) 239-774-8408
(heidi. rockhold@clerk.collier.fl. us)
1/18/2006
o
NAPLES DAILY NEWS
Published Daily
Naples. FL 34102
,n CU.~A"-5439 7 j
NOTIClEOF
, PUBLIC: .HEARING
Notice Is hereby glyen
that the BQard of County
Commlsslonerc$ of cor.
'lIer COUl\ty liV"'. hold a .
-G~~~~nol2."~er.;
the Boardroom, 3rd
'floor, Administration
Bulidlng, Comer County
Goyernment Center,
3301 East TlUlllaml Trali,
Naples, florid. .a, .The
meeting wlUbeQln at
9:00 A.M.
The Board will CClnslder
Petltlon-CU.20Q4-AR.
5439, DarrylJ. Damico,
represented bY.Beau
Keene, P,E, of Keene En-
glnetrlng, requesting
Conditional Use #7 of
the "E" Estates district
for earthml.nlng. ".ler Ta-
ble 2, s.,ctlQrl Z;Q,t..03 of
the Land Deyelopment
Code (LDC). The request
would comb.lne two
exlstlno el\cayatlQrl per-
mits (59.605 and 59.702)
with a total lake excaya.
tlon area of 15 acres
and an additional 10,19
acres lilxcavatlon (remo.
ylng the strip of land
between the lakes and
excayatlng an area used
for~.amt-stOl'.
age of excavated ma-
tedals) Into a single
25.19, acres lake. The
property Is located be.
tween 54th Ayenue N.E.
and Htll Ayenue, N,E..
Golden Gate Eltates
Unit 45, In Section 4,
TOlNns"Ip 48 South,
Range 28 East, ~olller
County, Flor'lda. Com.
panlon Item: VA.2004-
AR-!l438
NOrE: AIt Persons wish'
1nll to speak on ,any
ta~a ttem must' regls'
ltlll' wltllthe County Ad.
\'nlnlstrator., prior to. pre.
~m.tIQft of the agenda
temtd be addressed.
ual speakers will
to 5.mlnutes
'.The -'ec.
:/~I i~
! rQUp is
~c~recog.
~~:k~spe n tJ~' :
~~~:'~~iii~g:~~
\..,
Pet'$():JlS wishing to
haveWl'ltten or graphic
materials Inclui'/ed In
the 'Ioard ~. paCk.
ets"IIlust submit said
maller/al ,a minimum of 3,
wee1ls prior to the re.!
w~IYe publiC hearing.
1n an case, written ma-'
. e
$ha.I' e. s:bmltted to 1
thllIllPAra;~e County
staff a m mum of seY'
en da...:=s p,.lor. t o.the
public:. 1nG. '..AII ma.
terla/ .. In lIl:esenta.
tIOl'l4.i)efQl'lIItl'!e ~rd
will become a. Jlerma.
'** part of lbe record,
An~ person who. deeld.
i ~!.=.~ll~~~=:~
Ingl ~J:rftll thereto
anc!therefote, may
need to eAsure,that a
vetbatlm record of. the
proceedings Is made,
which. record Includes
ttfeteltlmo.. ny.,.and evi-
dence U1Wn wtl.r..,.Ic. :hthe
appeaI!s tided.
BOARI> OF CounTY
CQMMlSISONERS
COLLIER C'OUNTY,
FLORIDA .' R i
FRANK HAL'AS. CHAI '1
MAN
DWIQHTE. BROCK,
CLERK
By: //Heidl R,Rockhold,
Deputy Clerk
Jan. 29 No. 1302014
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
time(s) in the issue January 29th. 2006
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; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
oftice in )/aples, in said Collier County, Florida, for a period of ]
year next preceding the first publication of the attached copy of
advertisement; and aftiant 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 [or
publication in the said newspaper.
,1 _ 2
/ ----')
( Sfgnature of affiant)
Sworn to and subscribed before me
This February 2nd,2006
"";?P::~'" Harriett Bushona
-f~l:'''''''~~ MY COMMI~SION # DD234689 EXPIRES
-~, :~j MV 24, 2007
"!.>i;....'b~ GONOEc,:-YRU TROY fAIN INSURANCE,INC
"J.fif"fj,'" ". ,
MEMORANDUM
Date:
March 7, 2006
To:
Michael DeRuntz, Principal Planner
Planning Services
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution of Denial 2006-47
CU-2004-AR-5439
Enclosed please find one (1) copy of the document, as referenced above,
(Agenda Item #7 A), as denied by the Board of County Commissioners on
Tuesday, February 28, 2006.
If you should have any questions, please call me at 774-8411.
Thank you.
Enclosure
7A
~
7A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action 011 the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
excePtion of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Sandra Lea CDES Administration n4[ :3 /'1/ ('
I
2. 1 / ,I .'
,.
i
3. "
\
4. ,. '"
I
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
o
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A proved by the BCC
Type of Document
Attached
Michael J. DeRuntz, C.F.M"
Principal Planner,
Zonin and Land Dev. Review
February 28, 2006
Phone Number
403-2416
7A
Yes
(Initial)
N/A (Not
A licable)
Agenda Item Number
Number of Original
Documents Attached
(j.fJj(
A>
/1
-/:
(
Co
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final 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 Februarv 28. 2006 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a licable.
7 I
./f t~
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05
2.
3.
4.
5.
6.
7A
RESOLUTION NO. 06- -R
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA
DENYING BY OPERATION OF LAW PETITION
NUMBER CU-2004-AR-5439, PERTAINING TO A
REQUEST FOR THE EST ABLISHMENT OF A
CONDITIONAL USE IN THE "E" ESTATES
ZONING DISTRICT FOR EARTH MINING
ACTIVITIES PER TABLE 2 SUBSECTION 2.04.03
OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR THE EXPANSION OF
EXCA V A TION OPERATIONS ON PROPERTY
CONSISTING OF 44 :t ACRES, LOCATED IN
SECTION 4, TOWNSHIP 48 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of
Florida, and Chapter 125, Florida Statutes, has conferred on 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. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of conditional uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice
as in said regulations made and provided, and has considered the advisability of a conditional
use per Table 2 Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning
District for earth mining activities. The request was to combine two existing excavation
permits (#59.605 and #59,702) with a total lake excavation area of 15 acres into a single 25.19
acres lake on the property hereinafter described, and the Collier County Planning Commission
has found as a matter of fact that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with
Subsection lO.08.00.D of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board has fully considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS, COLLIER COUNTY, FLORIDA that:
Petition CU-2004-AR-5439, filed for Darryl K. Damico, represented by Beau Keene,
P.E. of Keene Engineering, with respect to the proposed Jolly Excavation and the property
hereinafter described as:
Exhibit A attached hereto and incorporated by reference.
lOF2
7A
be and the same hereby is by operation of law DENIED for a conditional use per Table 2 of
Subsection 2.04.03 of the Land Development Code in the "E" Estates Zoning District for
earth mining activities.
BE IT RESOLVED that this Resolution relating to Petition Number CU-2004-AR-
5439 be recorded in the minutes of this Board.
This Resolution adopted based upon motion, second and majority vote to approve the
subject request, which was not a sufficient super-majority vote, and thus, the request is
considered denied by operation of law effective this date.
Done this 28th day of February, 2006.
ATTEST;
DWIGI-tF:B!'.E~~CK, CLERK
,<~..,:_.,.~.. tl"..: fc;':'
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
,-, -'.
~c
t '~..!t,~~p~ty Clerk
'~8~~ft'lJl~~ and
legal sufficiency:
~~/
FRANK HALAS, CHAIRMAN
BY:
01l . - .m- ~-~n.
Marj~dent-Stirling ,~. '0
Assistant County Attorney
CU-2004-AR-5439
Item #
7A
Agenda c? _~ .(jr_
Date lU
20F2
7A
56th Avenue N.E. Excavation
REAL PROPERTY OWNERSHIP
GOLDEN GATE
ESTATES
PARCEL # FOLIO # TRACT UNIT ACQUIRED
1 39027480001 E 180' 84 45 02-0ct
2 39030440009 W 180' 108 45 02-0ct
3 39030400007 W75' 107 45 03-Nov
4 39030320006 E 15' ofW 150' 107 45 Jun-99
5 39030280007 W 75' of E 180' 107 45 02-Sep
6 39030360008 E 105' of E 180' 107 45 Jan-OO
7 39030840007 W 105' 114 45 Jun-99
8 39030760006 E 75' ofW 180' 114 45 Oct-98
9 39030880009 W 75' of E 150' 114 45 Mar-98
10 39030800005 E 75' 114 45 Jan-99
11 39030920008 115 45 Nov-98
12 39030720004 113 45 Mar-99
13 39030640003 E 150' 112 45 Dec-98
14 39030680005 W 180' 112 45 Dec-98
15 39030600001 110 45 Apr-97
16 39030560002 109 45 Apr-97
EXHIBIT "A"
. V A-2004-AR-5438
PROJECT #2003110016
DATE:-3/2/04
MICHAEL DERUNTZ
(COMPANION TO CU-2004-AR-5439)
f 7 A
:IE
(8)
8,
FOLIO # 39027480001
EAST 180' of TRACT 84
z
1"'1
13' FOLIO # 39030440009
~ WEST 1 80' of TRACT 108
I
1-
G\
\SI
---' .
NOT A PART - -
.><::
, OF THIS PROJECT_
-- --
-
-
FOLIO # 39030560002
TRACT 109
@
FOLIO # 39030400007
WEST 75' of TRACT 107
FOLIO # 39030600001
TRACT 110
.
FOLIO # 39030920008
TRACT 115
FOLIO # 3903072004 t2\
TRACT 113 \t:V
i
DARRYL. I
56th AVENUE N.E. EXCA VA TION
. OWNERSHIP EXHIBIT
KEENE ENGINEERING
.........~.......-:.UIUrD
u.......NDtLE...... ................,.,.
........ ('JI) DIAD..11I ('P')"~
Page 1 of 1
Ann P. Jennejohn
8A
From: FabacherCatherine [CatherineFabacher@colliergov.net]
Sent: Wednesday, February 15, 2006 1 :33 PM
To: Patricia L. Morgan
Cc: Martin, Cecilia
Subject: Public Notification Ad For LDC Hearing
Attachments: LDC Ad for Feb. 28 BCC LDC Hearing.doc
Dear Trish,
Ceci said that I need to forward a copy of this ad that will run in the Sunday Naples Daily News. This ad is for the final meeting of
the public hearing of the LDC amendments of 2005 Cycle 2.
The hearing will be part of the agenda of the regular BCC meeting on February 28. I don't have a time certain, so I put 9:00 am
when the regular meeting begins.
If you have any questions or need further information, please let me know.
Thanks.
Catherine
403-2322
2/1612006
8A
...,.
Department of Zoning and Land Development Review
February 15, 2006
Naples Daily News
1075 Central Avenue
Naples, FL 33940
ATTENTION: LEGAL ADVERTISING
Dear Ms. Perrell:
Please publish of the following public notice advertisement for a Display, Y4 page, with
map attached, Legal Notice in your edition of February 19, 2006, and furnish proof
of publication of the advertisement to the Collier County Development Services
Building, Department of Zoning and Land Development Review, 2800 North
Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE
SEND DUPLICATE ORIGINAL to Margie Student-Stirling, Esquire, Collier
County Attorneys Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida
34104 and the Minutes and Records Department, Bldg. F, 3301 E. Tamiami Trail,
Naples, Florida 34112.
February 28, 2006
BCC PUBLIC HEARING
NOTICE OF LAND DEVELOPMENT CODE CHANGE
Notice is hereby given that on February 28, 2006, at 9:00 A.M., as part of the regular
BCC Meeting, in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon
Turner Building "F", Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida, the Board of County Commissioners, proposes to take under advisement
amendments to the Collier County Land Development Code, the title of which is as
follows:
1
8A
. .
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE LAND
DEVELOPMENT REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, ADOPTION OF AMENDMENTS TO THE
LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL
PROVISIONS, INCLUDING: SECTION 1.08.01
ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS;
CHAPTER 2 - ZONING DISTRICTS AND USES,
INCLUDING, SECTION 2.03.07 OVERLAY ZONING
DISTRICTS, INCLUDING THE ADDITION OF THE
GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT,
AND THE GOLDEN GATE DOWNTOWN CENTER
COMMERCIAL OVERLAY DISTRICT (GGDCCOD),
SECTION 2.04.03 TABLE OF LAND USES IN EACH
ZONING DISTRICT, SECTION 2.05.01 DENSITY
STANDARDS AND HOUSING TYPES, SECTION 2.06.03
AHDB RATING SYSTEM; CHAPTER 4 - SITE DESIGN AND
DEVELOPMENT STANDARDS, INCLUDING: CHAPTER 4
TABLE OF CONTENTS, SECTION 4.02.16 SAME-
DEVELOPMENT IN THE BMUD-NEIGHBORHOOD
COMMERCIAL SUBDISTRICT, SECTION 4.02.17 SAME-
DEVELOPMENT IN THE BMUD-WATERFRONT
SUBDISTRICT, SECTION 4.02.18 SAME-DEVELOPMENT IN
THE BMUD - RESIDENTIAL SUBDISTRICT (R1), SECTION
4.02.19 SAME-DEVELOPMENT IN THE BMUD-
RESIDENTIAL SUBDIST[RICT (R2), SECTION 4.02.20
SAME-DEVELOPMENT IN THE BMUD - RESIDENTIAL
SUBDISTRICT (R3), ADDITION OF SECTION 4.02.21
DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD
RESIDENTIAL NEIGHBORHOOD COMMERCIAL
SUBDISTRICT (R4), DELETION OF 4.02.21 SAME-
DEVELOPMENT IN THE BMUD - RESIDENTIAL
NEIGHBORHOOD COMMERCIAL SUBDISTRICT (RNC),
THE ADDITION OF SECTION 4.02.35 DESIGN
STANDARDS FOR DEVELOPMENT IN THE GTMUD _
MIXED USE SUBDISTRICT (MXD), THE ADDITION OF
SECTION 4.02.36 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GTMUD - RESIDENTIAL
2
8A
> ".'
to . ..~...
SUBDISTRICT (R), THE ADDITION OF SECTION 4.02.37
DESIGN STANDARDS FOR DEVELOPMENT IN THE
GOLDEN GATE DOWNTOWN CENTER COMMERCIAL
OVERLAY DISTRICT (GGDCCOD); CHAPTER 10
APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING: SECTION 10.03.05 NOTICE
REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE
BCC, THE PLANNING COMMISSION, THE BOARD OF
ZONING APPEALS, THE EAC AND THE HISTORIC
PRESERVATION BOARD; SECTION FOUR, CONFLICT
AND SEVERABILITY; SECTION FIVE, INCUSION IN THE
AS THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE.
All interested parties are invited to appear and be heard. Copies of the proposed
ordinance are available for public inspection in the Department of Zoning and Land
Development Review, Community Development Services Center, 2800 N. Horseshoe
Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P,M., Monday through
Friday.
If a person decides to appeal any decision made by the Collier County Board of County
Commissioners with respect to any matter considered at such meeting or hearing, he will
need a record of the proceeding, and for such purpose he 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Patricia L. Morgan, Deputy Clerk
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ORDINANCE NO. 06-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND DEVELOPMENT REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER 1 - GENERAL PROVISIONS, INCLUDING: SECTION
1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS;
CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING,
SECTION 2.03.07 OVERLAY ZONING DISTRICTS, INCLUDING
THE ADDITION OF THE GATEWAY TRIANGLE MIXED USE
OVERLAY DISTRICT, AND THE GOLDEN GATE DOWNTOWN
CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCOD),
SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING
DISTRICT, SECTION 2.05.01 DENSITY STANDARDS AND
HOUSING TYPES, SECTION 2.06.03 AHDB RATING SYSTEM;
CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS,
INCLUDING: CHAPTER 4 TABLE OF CONTENTS, SECTION
4.02.16 SAME-DEVELOPMENT IN THE BMUD-NEIGHBORHOOD
COMMERCIAL SUBDISTRICT, SECTION 4.02.17 SAME-
DEVELOPMENT IN THE BMUD-WATERFRONT SUBDISTRICT,
SECTION 4.02.18 SAME-DEVELOPMENT IN THE BMUD-
RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.19 SAME-
DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDIST[RICT
(R2), SECTION 4.02.20 SAME-DEVELOPMENT IN THE BMUD -
RESIDENTIAL SUBDISTRICT (R3), ADDITION OF SECTION
4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN THE
BMUD - RESIDENTIAL NEIGHBORHOOD COMMERCIAL
SUBDISTRICT (R4), DELETION OF 4.02.21 SAME-
DEVELOPMENT IN THE BMUD RESIDENTIAL
NEIGHBORHOOD COMMERCIAL SUBDISTRICT (RNC), THE
ADDITION OF SECTION 4.02.35 DESIGN STANDARDS FOR
DEVELOPMENT IN THE GTMUD - MIXED USE SUBDISTRICT
(MXD), THE ADDITION OF SECTION 4.02.36 DESIGN
STANDARDS FOR DEVELOPMENT IN THE GTMUD -
RESIDENTIAL SUBDISTRICT (R), THE ADDITION OF SECTION
4.02.37 DESIGN STANDARDS FOR DEVELOPMENT IN THE
GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY
DISTRICT (GGDCCOD); CHAPTER 10 - APPLICATION, REVIEW,
AND DECISION-MAKING PROCEDURES, INCLUDING: SECTION
10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS
BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD
OF ZONING APPEALS, THE EAC AND THE HISTORIC
PRESERVATION BOARD; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance No. 91-102, the Collier County Land Development
Code (hereinafter LDC), which was subsequently amended; and
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WHEREAS, the Collier County Board of County Commissioners (Board) on June
22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance
No. 91-102, as amended, the Collier County Land Development Code, which had an
effective date of October 18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar
year unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this is the second amendment cycle to the LDC for the calendar year
2005; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law,
did hold advertised public hearings on January 11, 2006, February 8 and February 28,
2006, and did take action concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this
Board to be consistent with and to implement the Collier County Growth Management
Plan as required by Subsections 163:3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
local government comprehensive planning and land development regulation act (F.S. S
163.3161 etseq.), and F.S. S 125.01(1)(t) and (1)(w); and
WHEREAS; this ordinance is adopted pursuant to the constitutional and home
rule powers of Fla. Const. Art. VIII, S 1 (g); and
WHEREAS, all applicable substantive and procedural requirements of the law
have otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida, that:
SECTION ONE:
RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein
as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the
following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida
Local Government Comprehensive Planning and Land Development Regulations Act
(herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec.
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163.3202(1). Fla. Stat., mandates that Collier County adopt land development
regulations that are consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the
adoption and enforcement by Collier County of land development regulations for the
total unincorporated area shall be based on, be related to, and be a means of
implementation for, the adopted comprehensive plan.
4. Section 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
comprehensive plan, or element or portion thereof, and any land regulations existing at
the time of adoption which are not consistent with the adopted comprehensive plan, or
element or portion thereof, shall be amended so as to be consistent.
5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or" GMP") as its
comprehensive plan pursuant to the requirements of Sec. 163.3161 ef seq., Fla. Stat.,
and Rule 9J-5 F.A.C.
7. Section 163.3194(1)(a), Fla. Stat., mandates that after a comprehensive
plan, or element or portion thereof, has been adopted in conformity with the Act, all
development undertaken by, and all actions taken in regard to development orders by,
governmental agencies in regard to land covered by such comprehensive plan, or
element or portion thereof shall be consistent with such comprehensive plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land
development regulation shall be consistent with the comprehensive plan if the land
uses, densities or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government.
9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved
or undertaken by a local government shall be consistent with the comprehensive plan if
the land uses, densities or intensities, capacity or size, timing, and other aspects of
development are compatible with, and further the objectives, policies, land uses,
densities, or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
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Development Code, which became effective on November 13, 1991 and may be
amended twice annually. The Land Development Code adopted in Ordinance 91-102
was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and
necessary to preserve and enhance the present advantages that exist in Collier County;
to encourage the most appropriate use of land, water and resources consistent with the
public interest; to overcome present handicaps; and to deal effectively with future
problems that may result from the use and development of land within the total
unincorporated area of Collier County and it is intended that this Land Development
Code preserve, promote, protect and improve the public health, safety, comfort, good
order, appearance, convenience and general welfare of Collier County; to facilitate the
adequate and efficient provision of transportation, water, sewerage, schools, parks,
recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to
protect human, environmental, social and economic resources; and to maintain through
orderly growth and development, the character and stability of present and future land
uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and
through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS
Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
1.08.01 Abbreviations
APZ: Accessory Parkinq Zone
BMUD: Bayshore Mixed Use District
GTMUD: Gateway Trianqle Mixed Use District
MUP: Mixed Use Proiect
NFIP: National Flood Insurance Proqram
SUBSECTION 3.B AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02
Definitions
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Accessory Parkina Zone (APZ) - Residentially zoned lots havinq a common lot
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line with. and under same ownership or legal control (lease. easement. etc.) as
Subdistrict Ne and used for parkina only.
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Accessory Unit - An accessory unit is a separate structure related to the primary
residence for uses which include. but are not limited to: library studio. workshop.
playroom. or auesthouse.
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Awnina -Temporary canvas or other material covering extending from and
attached to the facade of a building, without ground supports.
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Front Yard Build-fo-Une - The line to which a building facade must be built. not a
minimum distance.
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Housing, affordable-workforce: means residential dwelling units with a monthly
rent or monthly mortgage payment, including property taxes and insurance, not
in excess of 1/12 of 30 percent of an amount which represents a range of
median adjusted gross annual income (median income) for households as
published annually by the U.S. Department of Housing and Urban Development
within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02),
specifically including the following subsets:
Rental workforce housing less than 50 percent of median income otherwise
considered to be "very-low income".
Rental workforce housing less than 51 percent--60 percent of median income,
otherwise considered to be "low income".
Owner occupied workforce housing: 50 percent or less of median income,
otherwise considered to be "very-low income".
Owner occupied workforce housing: 51 percent--60 percent of median income,
otherwise considered to be "low income".
Owner occupied workforce housing: 61 percent--80 percent of median income,
otherwise considered to be "low income".
Owner occupied workforce housing: 81 percent--100 percent of median income,
otherwise considered to be "moderate income".
Owner occupied workforce housing: 101 percent--150 percent of median
income. otherwise considered to be "moderate income".
The term affordable housing is specifically intended to include affordable-
workforce housing.
The term "affordable-workforce housing: 101 percent--150 percent of median
income" is specifically intended to include similar cateaories. such as "Gap
Housing". "Essential Personnel Housina". and "Reasonably Priced Housing".
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Mixed Use Proiecf Aooroval Process - A process by which a land owner may
petition the Bee for approval of a mixed use proiect - a mix of commercial and
residential uses. as provided for in certain zoning overlay districts. If located
within certain subdistricts in the Bayshore Drive Mixed Use Overlay District or
the Gateway Triangle Mixed Use Overlay District. such a petition may include a
reauest for increased density by use of bonus density pool units.
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S/ree/scaDe Zone The streetscape zone is the space between the Front Yard
Build-to-Line and the property line.
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S/ree/wall - A freestandina wall parallel with the facade of an adiacent building
for the purpose of screenina parkina from the street.
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SUBSECTION 3.C AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.07
Overlay Zoning Districts
I. Bayshore Drive Mixed Use Overlay District.
Special conditions for the properties adjacent to Bayshore Drive as referenced on
BMUD Map 1; and further identified by the designation "BMUD" on the applicable
official Collier County Zoning Atlas Map or map series.
1. Tho purposo and intont of this district is to oncour3go revitalization 310ng
tho B3yshore Drivo corridor by providing opportunitios f-or sm311 SC310
mixod uso dovolopmont. This district is intondod to: revitalizo tho
commorcbl 3nd residontbl de'lolopmont 310ng this corridor; onh3nco tho
w3torfront; oncour3go on stroot p3rking and sh3red p3rking bcilitios 3nd
provido 3ppropri3to I3ndsc3ping and bufforing botv.'oon tho '13rious typos
of usos; 3nd protoct 3nd onh3nco the noarby single family rosidonti31
units. Tho typos of usos pormitted aro low intonsity rot3il, offico, porson31
servico 3nd rosidonti31 usos.
1. Purpose and Intent.
a. Bayshore Drive Mixed Use Overlay District is to encouraae
revitalization of Bayshore Drive and its environs which is part of the
Bayshore / Gateway Trianale Redevelopment Overlay with
Traditional Neiahborhood Desian (TND) proiects. TNDs are
typically human-scale. pedestrian-oriented. interconnected proiects
with a mix of commercial uses includina retail. office and civic
amenities and residential uses that complement each other.
Residential uses are often located above commercial uses. but can
be separate areas of residential use only with close proximity to
commercial uses. An interconnected street system is the basis for
the transportation network, Buildinas. both commercial and
residential. are typically located near the street. and may have front
porches and/or balconies.
2. Applicabilitv
a. These regulations shall apply to the Bayshore Drive Mixed Use
Overlay District as identified on BMUD Map 1 and further identified
by the designation "BMUD" on the applicable official Collier County
Zoning Atlas Maps. Except as provided in this section of the LDC,
all other uses, dimensional and development requirements shall be
as required in the applicable underlying zoning category.
b. Existina Planned Unit Developments (PUDs) are not included in the
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Bayshore Overlay District requirements; however. PUDs approved
after {the effective date of this ordinance] ~
included in the Bayshore Overlay District and must comply with the
requirements stated herein.
3. Garagos and drivoways.
a. Tho roar sotbaok may bo roducod to ton foot if a front aocoss
garago is constructed on the roar of tho rosidonoo.
b. Tho maximum width of garago doors is 16 f-oot.
c. Only one driveway is allowod por 50 Iinoar foot of front proporty
lino. Tho maximum width of tho dri'lo'Nay at tho right of ':Jay lino is
18 foot.
d. Othor than tho pormittod drivmvay, tho front yard may not bo pavod
or othorwiso usod to aocommodato parking.
e. Garagos mUGt bo rocOGsod a minimum of throo foot bohind tho
front bcado of tho primary rosidonco.
f. No oarports aro permittod.
g. Tho distanoo from tho baok of tho sidowalk to tho garago door must
bo at 10aGt 23 foot to allo'l.' room to park a vohiolo on tho drivoway
'I.'ithout parking ovor tho sidowalk. Should tho garago bo Gido
loadod thoro must bo at loast a 23 f-oot pavod aroa on a
perpondicular piano to tho garago door or plans must ensure that
parkod vohiolos will not intorfero with podostrian traffio.
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c. Property owners may follow existinq Collier County Land
Development Code reaulations of the underlyinq zoning
classification. or may elect to develop/redevelop under the mixed
use provisions of the BMUD Neiqhborhood Commercial (NC) or
Waterfront (W) Subdistricts of this overlav. throuqh a mixed use
proiect approval from the BCC. However. in either instance.
BMUD site development standards are applicable. as provided for
in section 2.03.07 1.5.h. of this Code.
3. Mixed Use Proiect Approval Process.
a. Owners of property in the Neiqhborhood Commercial (BMUD-NC)
and Waterfront (BMUD-W) Subdistricts may petition the Board of
County Commissioners for mixed use proiect approval. The
application for MUP approval shall acknowledqe that the owner shall
not seek or reauest. and the County shall not thereafter qrant or
approve. any additional uses beyond those allowed in the C-1
throuah C-3 zoninq districts. The application shall be accompanied
bv a conceptual site plan demonstratina compliance with the criteria
in section 10.03.05.G.
b. There shall be a public hearina before the BCC leaallv noticed and
advertised pursuant to section 10,03.05.G. If approved bv the BCC.
such approval shall be bv resolution.
c. Once a Mixed Use Proiect has been approved bv the BCC. the
applicant shall submit a site development plan (SDP). based on the
conceptual site plan approved bv the BCC and meetinq the
reauirements of section 10.02.03 B.1. of this Code. to the Community
Development and Environmental Services Division within six months
of the date of approval. This SDP must be determined as sufficient
and accepted for review bv the Division within 30 days of submittal.
After the SDP has been approved. the approved proiect shall be
identified on the Collier County official zonina atlas map. usina the
map notation MUP. If a MUP approval expires. as set forth below.
the map notation shall be removed from the official zonina atlas map.
The burden is on the applicant to submit an SDP application in a
timelv manner. to be responsive to the County's SDP review
comments. and to commence construction in a timelv manner after
SDP approval has been aranted.
d. MUP approval shall expire and any residential density bonus units
shall be null and void if any of the followina occur:
i. The SDP is not submitted within six months of MUP approval
bv the BCC.
ii. The SDP is not deemed sufficient for review within 30 days of
submittal.
iii. The SDP under review is deemed withdrawn and cancelled.
pursuant to section 10.02.03.B.4.a.
iv. The SDP is considered no lonaer valid. pursuant to section
10.02.03.B.4.b. and c.
e. Once a property owner. throuah a MUP approval. elects to develop
or redevelop a mixed use proiect under Neiahborhood Commercial
(NC) or Waterfront (W) Subdistricts. then the property shall be
developed in compliance with all provisions of the overlav and cannot
revert back to the underlvinq zoninq district.
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4. Bonus Density Pool Allocation
Under the Collier County Future Land Use Element. 388 bonus density
units are available for reallocation within the Bayshore/Gateway Trianale
Redevelopment Overlay. The County Manaaer or desianee will track the
Bonus Density Pool balance as the units are used. These 388 bonus
density units may be allocated between this BMUD overlay and the
Gateway Trianole Mixed Use Overlay District. and shall only be allocated
throuah the MUP approval process.
To Qualify for UP to 12 dwellina units per acre. proiects shall comply with
the followina criteria. This density of UP to 12 dwellina units per acre is
only applicable until the bonus density pool has been depleted.
a. The proiect shall be within either the Neiahborhood Commercial or
Waterfront Subdistricts. and shall be a mixed use proiect - mix of
commercial and residential uses. as set forth in 1.a.. above.
b. Base density shall be as per the underlyino zonino district. The
maximum density of 12 units per acre shall be calculated based
upon total proiect acreaae. The bonus density allocation is
calculated by deductina the base density of the underlyina zonina
classification from UP to the 12 unit maximum beina SOUQht. The
difference in units per acre determines the bonus density allocation
requested for the proiect.
c. For proposed proiects. only the Affordable Housina Density Bonus.
as provided in the Density Ratina System. is allowed in addition to
the eliaible bonus density units provided herein as the entire
BMUD is within the Coastal High Hazard Area (CHHA).
d. The proiect shall complY with the standards for mixed use
development set forth in the Bayshore Mixed Use Overlay District.
e. For proiects that do not comply with the requirements for this
density increase. their density is limited to that allowed by the
Density Ratina System and applicable FLUE Policies.
5. Bayshore Mixed Use District (BMUD) Subdistricts
a. Neighborhood Commercial Subdistrict (NC). The purpose and
intent of this subdistrict is to encourage a mix of low intensity
commercial uses and residential uses. Developments will be
human-scale and pedestrian-oriented. For mixed use proiects only.
subiect to the MUP approval process in Sec. 2.03.07.1.3.. refer to
Tables 1 and 2 for permitted uses. Otherwise. permitted uses are
in accordance with the underlyina zonina district.
b. Waterfront Subdistrict (W). The purpose of this subdistrict is to
allow maximum use of the waterfront for entertainment while
enhancing the area for use by the general public. Development
standards for the district are the same as those set forth for the
Neighborhood Commercial Subdistrict, except for the standards set
forth in section 4.02.17 For mixed use proiects only. subiect to the
MUP approval process in Sec. 2.03.07.1.3.. refer to Tables 1 and
2 for permitted uses. Otherwise. permitted uses are in accordance
with the underlyinQ zonina district.
c. Residential Subdistrict 1 (R 1). The purpose of this subdistrict is to
encourage the development of a variety of housina types which are
compatible with existinq neiahborhoods and allow for buildina
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additions such as front porches. The intent in new development is
to encouraae a traditional neiohborhood desian pattern. Refer to
Tables 1 and 2 for permitted uses in this subdistrict. Multifamily
residences as a transitional use between oommercial and single
family development. The multifamily buildings shall be compatible
'Nith the building patterns and facade articulation of traditional
neighborhood design. The intent is to create a row of residential
units with uniform frent yard setbacks and aocess to the street.
d. Residential Subdistrict 2 (R2). The purpose of this subdistrict is to
encourage the development of multi-family residences as
transitional uses between commercial and single-family
development. The multi-family buildings shall be compatible with
the building patterns and facade artioulation of traditional
neighborhood design. Refer to Tables 1 and 2 for permitted uses in
this subdistrict.
e. Residential Subdistrict 3 (R3). The purpose of this subdistrict is to
allow the development of mobile home, modular home, townhouses
and single-family residences. All new development in this
Subdistrict shall be compatible with the building patterns aM
facade articulation of traditional neighborhood design. Refer to
Tables 1 and 2 for permitted uses in this subdistrict. The intent is to
create a row of residential units ....'ith consistent front yard set backs
and access to the street.
a. Minimum LOT width:
Single family: 40 feet.
Modular homes: 40 feet.
Townhouses: 25 foot.
Mobile homes: 10 foot.
B-: Yard requiromonts. Tho follov.'ing yard requiremonts aro in rolation
~~ n..~ . .
...
Frent Yard /\t Min. Sido Yard Min. Roar Yard
Ono (Single) 10 foet a-feet 8 foet
Family D'.volling
YRits
Modular DI.'.'olling 1 0 foot 5 foot 3-ffiet
YRits
Townhouse 10 foet o foot when 3-ffiet
ABUTTING
anothor
townhouse, if not
thon 5 foot
Mobilo Homos 10 foot 5 feet 3-ffiet
f. Residential Subdistrict 4 (R4). The purpose of this subdistrict is the
same as Residential Subdistrict R 1 except only sinale-family
detached dwellina units are permitted. Refer to Tables 1 and 2 for
permitted uses in this subdistrict.
g. Rosidontial Noiahborhood Commorcial Subdistrict (RNC) The
purposo and intont of this subdistrict is to allow limited home
oocupational businossos.
Q. Mixed Use Activity Center Subdistrict Portions of the Bayshore
Overlay District coincide with Mixed Use Activitv Center #16
designated in the Future Land Use Element (FLUE) of the Collier
County Growth Manaaement Plan. Development in the activity
center is aoverned by reauirements of the underlyina zonina district
and the mixed use activity center subdistrict reauirements in the
Page 11 of102
Words struek through are deleted, words underlined are added
8A
FLUE. except for site development standards as stated in section
4.02.16 of this Code.
h. All subdistricts. Development within all subdistricts of the BMUD
shall be subiect to the site development standards as stated in
sections 4.02.16 throuqh 4.02.21 as applicable. The subdistrict site
development standards shall also apply to property developed in
conformance with the underlyinq zoninq classification,
Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts
;: N - ,=
M
P = permitted Iii ~ I I
I ~ D::: ~
'u ~ -
... ::;;.
Ql - - - -
E = permitted with certain exceptions - CJ CJ CJ CJ
E CJ
';: .;: .;: .;: .;:
E - - - -
- .!!! .!!! .!!! III
Blank cell = prohibited (also see table of 0 .!!! "C "C "C :0
0 "C .c .c .c .c
conditional and accessory uses) "C .c :l :l :l :l
:l
Q) 0 en en en en en
"0 0
0 ..c: - Iii Iii Iii Iii
() ... (3 c :;::: :;::: :;::: :;:::
() 0 e c c c c
Ci5 .c ~ 1: Ql Ql Ql Ql
..c: "C "C :2 "C
:2 Ql
- - 'in 'in III 'in
Ql CJ III Ql Ql Ql Ql
.;: 3:
z - D::: D::: D::: D:::
c .!!! c c c c C
:J "C :J :J :J :J :J
.c
land Use Type or Category :E ~ :E :E ::t ::t ::t
IX'I IX'I IX'I IX'I IX'I IX'I
Accountina Services 8721 E E
Administrative Service Facilities
Adult Day Care Facilities & Centers 8322
Aaricultural Activities
Aaricultural Outdoor Sales
Aaricultural Services 0741 ,0742,
0752-0783
0711.0721.
Aaricultural Services 0722-0724,
0762. 0782.
0783
Aaricultural Services 0723
Aircraft and Parts 3721-3728
Airport - General Aviation
Amusement & Recreation Services 7911.7991
Amusement & Recreation Services 7999 tourist
auides onlv
Ancillary Plants
Apparel & Other Finished Products 2311-2399
Apparel & Accessory Stores 5611-5699 P P
Appraisers
Artist Studios: Paintina, drawina. araphics.
fine wood workina. . mixed media. fiber art
(weavina). alass. custom iewelry, clay 7922 E E
(ceramics/pottery). sculpture. photoaraphy,
dance drama and music
Architectural. Enaineerina, Surveyina 0781.8711- E E
Services 8713
Assisted Livina Facilities
Attorney Offices & Leaal Services 8111 P P
Page 12 of 102
Words struek thnH:lgh are deleted, words underlined are added
8A
~ N M ,=
"iij ..... . I
P = permitted i I ~ 0:: ~
'~ $ -
::;;;,.. - - - -
E = permitted with certain exceptions CI) - CJ CJ CJ CJ
E CJ .;: ';: ';: .;:
E .;: - - - -
- ,~ ,~ ,~ .~
Blank cell = prohibited (also see table of 0 ,~ "C "C "C "C
0 "C
.c .c .c .c .c
conditional and accessory uses) "C :J :J :J :J :J
Q) 0 (/) (/) (/) (/) (/)
-c 0
0 .c - "iij "iij "iij "iij
u ... U c .. .. .. ..
u 0 e c c c c
.c !: 't: CI) CI) CI) CI)
U5 .c CI) "C "C "C "C
:2 - - 'Cij 'Cij 'Cij 'Cij
CI) CJ IV CI) CI) CI) CI)
z .;: 3: 0:: 0:: 0:: 0::
-
C III C C C C C
:g
::::l .c ::::l ::::l ::::l ::::l ::::l
Land Use Type or Cateaorv :E .~ :E :E :E :E :E
/XI /XI /XI /XI /XI /XI
Auctioneerina Service, Auction Rooms and 7389,5999
Houses
Auto and Home Supplv Store 5531
m~_
Automobile Parkina 7521
Automotive Repair, Services. and Parkina 7514,7515,
7521 7542
Automotive Repair, Services, and Parkina 7513-7549
Automotive Services
Automotive Dealers and Gasoline Service 5511.5531.
Stations 5541.5571.
5599
Barber Shops or Colleaes 7241 P P
Beautv Shops or Schools 7231 P P
Bikina Trails
Boat Doalon~ ~
Bowlina Centers 7933
Buildina Construction 1521-1542
Buildina Materials 5211-5261
Buildina Materials. Hardware. Garden 5231 - 5261
Supplies
Business Associations 8621
Business Repair Service
7311.7313,
7322-7331.
Business Services 7338,7361 .
7371, 7372,
7374-7346.
7379
7311-7313.
Business Services 7322-7338,
7361-7379.
7384
7311,7313,
Business Services 7322-7338. E E
7384
7311-7313.
Business Services 7322-7338.
7361-7379.
7384 7389
7311-7352.
Business Services 7359.7361-
7397 7389
Business Services 7311-7353.
7359
7312,7313,
Business Services 7319, 7334-
7336 7342-
Page 13 of 102
Words struCJk through are deleted, words underlined are added
8A
- N - ,.
C")
C;; ~ ..... . .
p = permitted . ~ 0:: ~
.~ ~ -
- - - -
E = permitted with certain exceptions Q) - CJ CJ CJ CJ
E CJ ';: ';: .;: .;:
E ';: - - - -
- ,~ .~ 1/1 1/1
Blank cell = prohibited (also see table of 0 ,~ " " :c :c
0 " .c .c .c .c
.c
conditional and accessory uses) " :::::I :::::I :::::I :::::I :::::I
Q) 0 en en en en en
"0 0
0 J: - c;; c;; c;; c;;
() ... IG c: +:; +:; +:; +:;
~ 0 e c: c: c: c:
.c ~ 't: Q) Q) Q) Q)
(f) '6 J!! " " " "
- 'iij 'iij 'iij 'iij
'(jj CJ ra Q) Q) Q) Q)
z .;: ~ 0:: 0:: 0:: 0::
-
C .~ C C C C C
:J " :J :J :J :J :J
.c
land Use Tvpe or Category ::E ~ ::E ::E ::E ::E ::E
m m m m m m
7389
Business Services 7311
7312,7313.
7319.7331,
7334-7336,
Business Services 7342. 7349.
7352. 7361 ,
7363, 7371-
7384 7389
7311.7313.
7322-7331.
Business Services 7335-7338.
7361. 7371.
7374-7376,
7379
Business/Office Machines
Canoe Rental P
Canoeinq Trails
Care Units
Carwashes 7542
Cateaorv II Group Care Facilities
Child Care - Not for Profit
Child Dav Care Services 8351
Churches & Places of Worship
Civic and Cultural Facilities P P
Collection/Transfer Sites
Commercial Printinq 2752
Communications 4812-4841
Communications 4812-4899
Communication Towers
Construction
Construction - Heavy
Construction - Special Trade Contractors 1711-1793,
1796 1799
Construction - Special Trade Contractors 1711-1799
Continuinq Care Retirement Communities
Depositorv Institutions 6011-6099
Depositorv Institutions 6011,6019.
6081 6082
Page 14 of 102
Words struek through are deleted, words underlined are added
8A
- N - ~
C"')
ni .... I . I
P = oermitted ~ I ~ 0:: ~
.~ ~ -
:::;;.
Q) - - - - -
E = oermitted with certain exceotions (J (J (J (J
E (J .;: .;: ';: .;:
E .;: - - - -
- .~ 111 111 .~
0 111 :c :c
Blank cell = orohibited (also see table of :c 1:' 1:'
U J:I J:I J:I J:I J:I
conditional and accessory uses) 1:' ~ ~ ~ ~ ~
<1> 0 U) U) U) U) U)
"'C 0
0 J: - ni ni ni ni
u .. G c +: +: .. +:
U 0 0 c c c c
..
J:I ~ 't: Q) Q) Q) Q)
en J: S 1:' 1:' 1:' 1:'
:2 - 'w 'w 'w 'w
Q) (J co Q) ~ Q) Q)
z .;: 3= 0:: 0:: 0::
-
C .~ C C C C c
::> 1:' ::> ::> ::> ::> ::>
J:I
Land Use Type or Cateaorv :E ~ :E :E :E :E :E
CO CO CO CO CO CO
6021-6062.
Depositorv Institutions 6091.6099.
6111-6163
Depositorv Institutions 6021-6062
Drinkina Establishments and Places 5813
Drua Stores 5912 .E .E
Druas and Medicine 2833-2836
Eatina Establishments and Places 5812 E1 P
Educational Plants
Educational Services 8211-8231
Educational Services 8243-8249
Educational Services 8221-8299
Educational Services 8211-8244.
8299
Electronic Eauipment & Other Electrical 3612-3699
Eauipment
Enaineerina, Accountina, Manaaement and 8711-8748
Related Services
Enaineerina. Accountina, Manaaement and 8711-8713 .E .E
Related Services
Eauestrian Paths
Essential Services2 P P P P P P
Excavation
Fabricated Metal Products 3411-3479.
3419-3499
Fairarounds
Familv Care Facilities
Fishina Piers
Fish ina/H u nti na/Trappina 0912-1919
Fixture Manufacturina
2034. 2038.
2053,2064,
Food Manufacturina 2066, 2068,
2096. 2098.
2099
Food Products 2011-2099
Food Stores 5411. 5421- E3 .E
5499
1 Exceot concessions stands. contract feedina. dinner theaters. drive-in restaurants. food services (institutional). industrial feedina,
2 For reauirements oertainina to Essential Services. see section 2.01.03 of this code.
3 Exceot convenience stores and suoermarkets.
Page 15 of 102
Words stmok through are deleted, words underlined are added
8A
- N - ~
M
1i ~ ..... I I I
P = permitted I ~ ~ ~
.~ ~ -
Q) ::::; .... .... .... ....
E = permitted with certain exceptions .... u u u u
E u .;: ';: .;: .;:
E ';: .... .... .... ....
.... .!!! .!!! .!!! ,!!!
Blank cell = prohibited (also see table of 0 .!!! " " " "
(J " .c .c .c .c
.c
conditional and accessory uses) " :J :J :J :J :J
Q) 0 U) U) U) U)
"'0 0 U)
0 .c: .... 1i 1i 1i 1i
u ... G c :;::; :;::; :;::; ..
u 0 e c c c c
.c ~ 't: Q) Q) Q) Q)
U5 .c: " " " "
:2 .... Q) 'Iii 'Iii 'Iii 'Iii
....
Q) u co Q) Q) Q) Q)
z ';: 3: ~ ~ ~ ~
....
C III C C C C c
:c
:) .c :) :) :) :) :)
Land Use Type or Category :t ~ :t :t :t :t :t
co co co CO CO CO
Food Stores 5411-5499
Fraternal Oraanizations
Funeral Services and Crematories 7261
Furniture & Fixtures Manufacturina 2511-2599
Gasoline Services Stations 5541,5511-
5599
General Contractors 1521-5261
General Merchandise Stores 5311-5399 p P
Glass and Glazina Work 1793
Golf Courses
9111-9222,
9224-9229,
Government Offices/Buildinas 9311 , 9411-
9451.9511-
9532.9611-
9661
Group Care Facilities
Gunsmith Shop 7699
Hardware Stores 5251
Health Food Stores
Health Services 8011-8049
Health Services 8011-8049. .E .E
8082
8051-8059.
Health Services 8062-8069.
8071. 8072.
8092-8099
Heavv Construction 1611-1629
Hiking Trails
Home Furniture, Furnishings, Equipment 5712,5719. .E .E
Store 5731-5736
Home Furniture, Furnishings, Equipment 5712-5736
Store
Home Supply Store 5531
Hotels and Motels 7011. 7021.
7041
Hotels and Motels 7011 E4 E4
Houseboat Rental 7999
Individual & Familv Social Services
4 Exceot hostels
Page 16 of 102
Words stmek through are deleted, words underlined are added
8A
- N M ~
"iij ~ .... . . I
P = Dermitted . !!: 0:: !!:
.~ e: -
:::;
CI> - - - - -
E = Dermitted with certain exceDtions (.) (.) (.) (.)
E (.) ';:: .;:: .;:: ';::
E .;:: - - - -
- .~ .~ ,~ ,~
0 III
Blank cell = Drohibited (also see table of :s "C "C "C "C
(.) .0 .0 .0 .0
conditional and accessory uses) "C .0 ::J ::J ::J ::J
<J.l 0 ::J (f) (f) (f) (f)
-c 0 (f)
0 .r:. - "iij "iij "iij "iij
U r... U c: .. .. .. ..
u 0 e c: c: c: c:
.0 !: 't: CI> CI> CI> CI>
U5 .r:. "C "C "C "C
:2 - CI> 'iij 'iij 'iij 'iij
-
CI> (.) co CI> CI> CI> CI>
Z .;:: 3: 0:: 0:: 0:: 0::
-
C ,~ C C C C C
:J "C :J :J :J :J :J
.0
Land Use Type or Catenorv ::E t~ ::E ::E ::E ::E ::E
m m m m m m
Industriallnoraanic Chemicals 2812-2819
Industrial. Commercial. Com outer 3511-3599
Machinerv and Eauioment
Insurance Aaencies, Brokers. Carriers 6311-6399, E E
6411
Insurance aaents, brokers, and service. 6361 and
includina Title Insurance 6411
Investment/Hold ina Offices 6712-6799
Job Trainina & Vocational Services 8331
Justice. Public Order & Safety 9221 ,9222,
9229
Labor Pool 7363
Labor Unions 8631
Lakes Ooerations 7999
Larae Aooliance Reoair Service 7623
Leaal Services 8111 E E
Leather Products 3131-3199
Libraries 8231
Local and Suburban Transit 4111-4121
Local and Suburban Transit 4131-4173
Lumber and Wood Products 2426,2431-
2499
Manaaement & Public Relations 8741-8743, E E
8748
Manaaement Services 8711-8748 P P
Marinas 4493.4499 P P
Measurina, Analyzina and Controllina 3812-3873
Instruments
Medical and Ootical Goods 3812-3873
Medical Laboratories and Research & 8071 , 8072.
Rehabilitation Centers 8092 8093
Membershio Oraanizations 8611-8699 E E
Membershio Oraanizations 8311,8631
Membershio Oraanizations 8611
Membershio Oraanizations 8611.8621
Misc. Manufacturina Industries 3911-3999
Miscellaneous Plastic Products
Page 17 of 102
Words stmek through are deleted, words underlined are added
8A
- N - ~
M
n; i .... I .
P = oermitted I e: ~ e:
'~ ::;; e:
CI) - - - - -
E = oermitted with certain exceotions (J (J (J (J
E (J 'L: 'L: 'L: 'L:
E 'L: - - - -
- .~ III .~ ,~
0 III :s
Blank cell = orohibited (also see table of (,) :s "C "C "C
.c .c .c .c .c
conditional and accessory uses) "C ::I ::I ::I ::I ::I
Q) 0 en en en en en
'0 0
0 .s::. - n; n; n; n;
t) .. <3 r::: .. .. .. ..
t) 0 e r::: r::: r::: r:::
.c ~ 't: CI) CI) CI) CI)
Ci5 .s::. "C "C "C "C
:2 - s 'iij 'iij 'iij 'iij
CI) (J IV CI) CI) CI) CI)
Z 'L: 3: l:t:: l:t:: l:t:: l:t::
-
C .~ C C C C C
::J "C ::J ::J ::J ::J ::J
.c
Land Use Type or Cateaorv :::E ~ :::E :::E :::E :::E :::E
IX! IX! IX! IX! IX! IX!
Miscellaneous Repair Service 7622. 76290 E5 E6
7631 76996
Miscellaneous Repair Service 7622-7641,
7699<000
Miscellaneous Repair Service 7622-7699
Miscellaneous Retail Services 5912,5942-
5961
Miscellaneous Retail Services 5912-5963
Miscellaneous Retail Services 5912-5963,
5992-5999
5912, 5932-
Miscellaneous Retail Services 5949,W42- .E .E
we4-. 5992-
5999?
Mobile Home Dealers 5271
Motion Picture Production 7812-7819
Motion Picture Theaters 7832
Motor Freiaht Transportation and 4225
Warehousina
Motor Homes .E .E .E .E
Multi-Familv Dwellinas
Museums and Art Galleries 8412 P P
Nature Preserves
Nature Trails
Non-Depositorv Credit Institutions 6141-6163
Non-Depository Credit Institutions 6111-6163
Non-Depository Institutions 6011-6163
Non-Depository Institutions 6011.6019.
6081 6082
6021-6062.
Non-Depository Institutions 6091. 6099.
6111-6163
Nursina Homes 8051 , 8052.
8249
Office Machine Repair Service 7629-7631
Oil & Gas Exploration
Open Space
Outdoor Storaae Yard
5 Exceot Aircraft. business and office machines. larae aooliances. and white aoods such as refriaerators. and
washinq machines.
6 Antiaue reoair and restoration. exceot furniture and automotive onlv. bicvcle reoair shoos onlv and rod and reel
~
Page 18 of 102
Words struek through are deleted, words underlined are added
8A
- N M ~
'jij ~ .... I . I
P = permitted I e; 0::: e;
.~ e; -
:::: - - - -
E = permitted with certain exceptions Q) - CJ CJ CJ CJ
E CJ 'i: 'i: 'i: 'i:
E 'i: - - - -
- ,!!! 111 ,!!! .!!!
Blank cell = prohibited (also see table of 0 .!!! "C :g "C "C
() "C .Q .Q .Q .Q
.Q
conditional and accessory uses) "C ~ ~ ~ ~ ~
Q) 0 (/) (/) (/) (/) (/)
"0 0
0 .c: - 'jij 'jij 'jij 'jij
() ... - c :; :; :; :;
~ 0 () e c c c C
.Q ~ 1: Q) Q) OJ OJ
en 'E S "C "C "C "C
- 'in 'in 'in 'in
'Q) CJ tV Q) OJ Q) Q)
Z 'i: 3: 0::: 0::: 0::: 0:::
-
c ,!!! c c c c C
:J "C :J :J :J :J :J
:E .Q :E :E :E :E :E
Land Use Type or Cateaorv m t~ m m m m m
Paint. Glass, Wallpaper Stores 5231
Paper and Allied Products 2621-2679
Park Model Travel Trailers
Park Service Facilities
Parkina Facilities P P
Parkina Services P P
Parks. Public or Private P P
Parochial Schools - Public or Private 8211
Party Fishina Boats Rental 7999 P
Performina Arts Theater7 7922
Personal Services 7291 P P
7212-7215.
Personal Services 7221-7251 .
7291
Personal Services 7212.7215.
7221-7251
Personal Services 7212.7291 P P
7211.7212.
Personal Services 7215,7216.
7291 7299
7215.7217.
Personal Services 7219.7261.
7291-7299
Personal Services 7211-7219
Personal Services 7215-7231,
7241
Personal Services 7221. 7291
Photoaraphic Goods 3812-3873
Photoaraphic Studios 7221 P P
Physical Fitness Facilities 7991
Physical Fitness Facilities
Pickup Coaches
Plant and Wildlife Conservancies
Plastic Materials & Synthetics 2821.2834
Play Areas and Playarounds P P P P
Pleasure Boat Rental P
7 Performance seatina limited to 200 seats
Page 19 of 102
Words struck through are deleted, words underlined are added
8A
.- N - ~
M
iV ~ .... I I I
P = permitted I ~ IX: ~
.~ ~ -
- - - -
E = permitted with certain exceptions Q) - (,) (,) (,) (,)
E (,) ';:: ';:: ";:: .;::
E ';:: - - - -
- III III III .!!!
Blank cell = prohibited (also see table of 0 ,!!! :0 :0 :0 "C
(..) "C .Q .Q .Q .Q
.Q
conditional and accessory uses) "C ::J ::J ::J ::J ::J
Q) 0 tn tn tn tn tn
"0 0
0 .c - iV iV iV iV
() ... (3 l: :0:: :0:: :0:: .;::;
() 0 e l: l: l: l:
.Q ~ 't: Q) Q) Q) Q)
CiS .c "C "C "C "C
:2 - Q) 'iij 'iij 'iij 'iij
-
Q) (,) CI:I Q) Q) Q) Q)
z ';:: 3: IX: IX: IX: IX:
-
c ,!!! c c c c C
:J "C :J :J :J :J :J
.Q
Land Use Tvpe or Cateaorv :E ~ :E :E :E :E :E
m m m m m m
Printina and Publishina Industries 2711,2712
Printina and Publishina Industries 2711-2796
6712-6799,
6411 , 96311-
Professional Offices 6399,6531 , .E .E
6541,6552,
6553 8111
Professional Oraanizations 8631
9111-9199,
9224, 9229.
Public Administration 9311. 9411- .E .E
9451,9511-
9532,9611-
9661
Railroad Transoortation 4011,4013
Real Estate 6531-6541 .E .E
Real Estate 6521-6541
Real Estate 6512
6512-6514.
Real Estate 6519,6531-
6553
Real Estate Brokers and Aooraisers 6531
Real Estate Offices 6531 , 6541 ,
6552 6553
Recreational Service Facilities
7911-7941.
Recreational Services - Indoor 7991-7993.
7999
Recreational Uses
Recreational Vehicles
Rehabilitative Centers 8093
Reoair shoos and related services. not 7699 .E
elsewhere classified P
Research Centers 8093
Research Services 8732
Residential uses P P P P P P
Retail Nurseries, Lawn and Garden 5261
Rubber and Misc. Plastic Products 3021.3052,
3053
Safety Service Facilities
Schools,oublic
Page 20 of 102
Words struck through are deleted, words underlined are added
8A
- N M ~
ca ~ .... . .
p = permitted I ~ ~ ~
.~ :::;; ~
Q) - - - - -
E = permitted with certain exceptions u u u u
E u .;: .;: .;: ';:
E .;: - - - -
- .!!! III III .!!!
Blank cell = prohibited (also see table of 0 1!2 "tJ :s :s "tJ
0 "tJ .c .c .c .c
.c
conditional and accessory uses) "tJ ::s ::s ::s ::s ::s
CJ.) 0 (fJ (fJ (fJ (fJ (/'J
"C 0
0 ~ - ca ca ca ca
() ... 0 c .. .. .. ..
g 0 0 c c c c
...
.c ~ 't: Q) Q) Q) Q)
en ~ Q) "tJ "tJ "tJ "tJ
~ - - 'iij 'iij 'iij 'iij
Q) U nI Q) Q) Q) Q)
z .;: ~ 0:::: 0:::: 0:::: 0::::
-
c .!!! c c c c C
::J "tJ ::J ::J ::J ::J ::J
.c
Land Use Type or Category :E ~ :E :E :E :E :E
IXI IXI IXI IXI IXI IXI
Schools - Vocational 8243-8299
Security Brokers. Dealers. Exchanaes, 6211-6289 .E .E
Services
Shoe Repair Shops or Shoeshine Parlors 7251 P P
Shootina ranae. indoor 7999
Sinale-Familv Dwellinas P P P P
Social Services 8322-8399
3221. 3251.
Stone. Clav. Glass and Concrete Products 3253, 3255-
3273. 3275,
3281
Storaae
Synthetic Materials 2834
Testina Services
2211-2221.
Textile Mill Products 2241-2259,
2273-289.
2297 2298
Timeshare Facilities
Title abstract offices 6541
Tow-in Parkina Lots 7514,7515,
7521
Townhouses P P P P P
Transportation bv Air 4512-4581
3714.3716.
3731 , 3732.
Transportation Eauipment 3751 , 3761.
3764. 3769.
3792 3799
Transportation Services 4724-4783.
4789
Travel Aaencies 4724
Travel Trailers 5561
Two-Familv Dwellina P P
United States Postal Service 4311 E8 E8
Veterinarian's Office 0742 E9 E9
Veterinarian's Office 0752 P P
Videotape Rental 7841 E10 p10
B Excludes maior distribution center.
9 Excludes outdoor kennelina
Page 21 of 102
Words stmek through are deleted, words underlined are added
8.A
10 Limited to 1.800 SQuare feet of Qross floor area.
- N - ,.
M
'iij ~ .... I I
P = oermitted I e: 0:: e:
.~ ~ -
:::::;
C1I - - - - -
E = oermitted with certain exceotions CJ CJ CJ CJ
E CJ 'i: 'i: 'i: 'i:
E 'i: - - - -
- ,~ II) .~ II)
0 ,~ :c :c
Blank cell = orohibited (also see table of (.) 'C 'C 'C
.0 .0 .0 .0 .0
conditional and accessory uses) 'C :::J :::J :::J :::J :::J
Q) 0 en en en en en
-c 0
0 .c - 'iij 'iij 'iij 'iij
() ... G c :;:; :;:; :;:; :;:;
() 0 e c c c C
.0 ! 1: C1I C1I C1I C1I
CJ) .c 'C 'C 'C 'C
:2 - C1I 'iij 'iij 'iij 'iij
-
C1I CJ ell C1I C1I C1I C1I
Z 'i: 3: 0:: 0:: 0:: 0::
-
C .~ C C C C C
:J 'C :J :J :J :J :J
.0
Land Use Tvoe or Category ~ ,~ ~ ::E ::E ::E ::E
10 10 10 10
Vocational Rehabilitation Services 8331
Weldina Repair 7692
Wholesale Trade 5148
5021.5031.
5043-5049.
Wholesale Trade - Durable Goods 5063-5078.
5091. 5092.
5094-5099
5111-5159,
Wholesale Trade - Nondurable Goods 5181.5182.
5191
Wildlife Conservancies 9512
Wildlife Manaaement 0971
Wildlife Refuae/Sanctuary
Wildlife Sanctuaries
Watches/Clocks 3812-3873
Table 2. Land Uses that Mav be Allowed in Each Subdistrict as
Accessory or Conditional Uses.
C = conditional use
A = accessory use
il~1 il~' il~1 il~1 il~1 il~1
Administrative or service buildina
Adult day care
Aaricultural: animal & livestock breedina.
exotic aauaculture. aviary. diary or
poultry plant. eaa production. exotic
animals. ranchina. or wholesale reptile
breedin
Aaricultural
8322
Amusement & recreation services
0741 ,0742,
0752-0783
7911
7911-7941.
7991-7993.
7997 7999
7948. 7992.
7996 7999
Page 22 of 102
Aaricultural services
Amusement & recreation services
Amusement & recreation services
Words struek through are deleted, words underlined are added
8A
C = conditional use
A = accessory use
~I~I il~1 il~' il~1 il~1 il~1 il~1
Ancillarv plants
Animal control
Aauariums 8422
Archerv ranaes 7999
Assisted livina facilities
Auctioneerina Services, auction rooms 7389,5999
and houses
Automotive dealers and oasoline service 5521. 5551.
5561.
stations 5599
Automotive rental/leasina 7513. 7519
Beach chair. bicvcle. boat or moped
rentals
Bed & breakfast facilities 7011 C C
Boat Rental 8
Boathouses A8 8 8
Boat ramps A
Boat vards A8 A
Botanical aarden 8422
Bottle clubs 5813
Campino cabins
Care Units
Caretaker's residence
Cateaorv II aroup care facilities
Cemeteries
Chemical products 2812-2899
Child dav care 8351 C C
Churches & places of worship 8661
Civic & cultural facilities
Clam nurseries
Cluster development
Cocktaillounaes 5813
Collection/transfer sites
Commercial uses
Communications 4812-4841
Communication towers
Community centers
Community theaters 7922
8 Onlv on waterfront property
Page 23 of 102
Words struok through are deleted, words underlined are added
8A
C = conditional use
A = accessory use
~I~I il~1 il3:' il~1 il~1 il~1 il~1
Concrete or asohalt olants
Continuina care/retirement centers
Convenience stores 5411
Dancina establishments & staaed
entertainment
Deoositorv institutions 6011-6099
Detention facilities
Docks A A A
Drinkina establishments 5813
Drivina ranaes
Earth minina
Eatina establishments 5812
Education services 8211-8222
Education facilities: oublic & orivate 8211-8231
schools
Electric aeneratina olants
Electric. aas. & sanitary services 4911-4971
Excavation
Extraction related orocessina and
oroduction
Fabricated metal oroducts 3482-3489
Farm labor housina
Farm oroduct raw materials 5153-5159
Field croos
Fishina/hu ntina/traooi na 0912-1919
Food oroducts 2011.2048
Food service
Food stores (over 5.000 s.f.) 5411-5499
Fraternallodaes. orivate club. or social
clubs
Fuel dealers 5983-5989
Fuel facilities C9
Funeral services & crematories 7261
Garaae A A A A
Gas aeneratina olants
Gift shoos 5947
Golf club house
Golf course
9 For watercraft only, (Not as an auto gas station or fueling center).
Page 24 of 102
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8A
C = conditional use
A = accessory use
~Iil il~1 il~' gl-I il~1 il~1 il~1
::EO::
lJl
Golf drivina ranae
Group care units
Guesthouses A A A A
Health services 8011
Homeless shelters 8322
Hospitals 8062-8069
Hotels and motels 7011,7021,
7041
Huntina cabins
Incinerators
Jails
Justice. public order & safety 9211-9224
Kennels & kennelina 0742.0752
Kiosks
Leather tanninq & finishinq 3111
Livestock
Local and suburban transit 4111-4121
Local and suburban transit 4131-4173
Lumber and wood products 2411-2421,
2429
Maintenance areas
Maior maintenance facilities
Marina 4493.4499
Mental health facilities
Merchandise - outdoor sales
Miniature aolf course 7999
Mixed residential and commercial
Model homes and model sales centers
Motion picture theaters 7832
Motion picture theaters 7833
Motor freiaht transportation and 4212,4213-
warehousina 4225 4226
Motor freiaht transportation and 4225,4226
warehousina
Noncommercial boat launchina ramps
Nursery - retail 5261
Nursina and personal care facilities 8062
Nursina homes
Oil and aas extraction 1321.1382
Page 25 of 102
Words struek tfli"O\:lgh are deleted, words underlined are added
8A
C = conditional use
A = accessory use
~I~I ;/~I ;/3:1 ;/~I ;/~I ;I~I ;/~I
Oil & aas field development and
production
Outdoor display
Packinahouse
Paper and allied products 2611
Personal services 7291
Petroleum refinina and related 2911-2999
Pistol or rifle ranae
Play areas and playarounds
Poultry raisina (small)
Primary metal industries 3312-3399
Private boathouse and docks a a a a
Private clubs
Private landina strips
Pro shops (Iarae)
Pro shops (small)
Recreational facilities
Recreational services
Refuse systems 4953
Rehabilitative centers 8093
Repair or storaae areas
Residential uses
Resource recovery plant
Restaurant (small) or snack shop 5812
Restaurant (Iarae) 5812
Retail shops or sales
Rubber and misc. Plastic products 3061-3089
Sanitary landfills
Sawmills
Schools. public or private
Schools. private
Schools. vocational 8243-8299
Service facilities
Slauahterina plants 2011
Social association or clubs 8641
Social services 8322-8399
Soup kitchens
Page 26 of 102
Words stmek throl:1gh are deleted, words underlined are added
8A
C = conditional use
A = accessory use
~I~I ~I~I ~I~I ~I~I ~I~I ~I~I
Staqed entertainment facility
Stone. clay. qlass and concrete oroducts
3211 , 3221 ,
3229.3231.
3241,3274,
3291-3299
Swimminq oools - oublic
Swimminq oools -orivate
A
A
A A
A
A
Storaqe. enclosed
Tennis facilities
Textile mill oroducts
2231. 2261-
2269,2295,
2296
4212
0741-0742
5015. 5051.
5052 5093
5162.5169.
5171. 5172.
5191
Transfer stations
Veterinarian's office
Wholesale trade - durable qoods
Wholesale trade - nondurable qoods
Yacht club
7997
Zoo
SUBSECTION 3.0. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2,03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 2.03.07
Overlay Zoning Districts
J. Goodland Zoning Overlay "GZO". To create design guidelines and development
standards that will assure the orderly and appropriate development in the
unincorporated area generally known as Goodland. The Goodland Zoning
Overlay district (GZO) is intended to provide regulation and direction under which
the growth and development of Goodland can occur with assurance that the
tropical fishing village and small town environment of Goodland is protected and
preserved, and that development and/or redevelopment reflect the unique
residential and commercial characteristics of the community. The boundaries of
the Goodland Zoning Overlay district are delineated on Map 1 below.
1. Permitted uses. The following uses are permitted as of right in this
subdistrict:
Reserved.
a. Clam nursery. subiect to the followina restrictions:
i. A "clam nursery" is defined as the arowina of clams on a
"raceway" or "flow-throuah saltwater system" on the shore of a
lot until the clam reaches a size of approximately one-half
inch.
ii. For the purposes of this section. a "raceway" or "flow-throuah
salt water system" is defined as a piece of plywood or similar
Page 27 of 102
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8A
material fashioned as a table-like flow throuQh system
desiQned to facilitate the arowth of clams.
iii. At no time may a nursery owner operate a raceway or
raceways that exceed a total of 800 square feet of surface
area.
iv. The nursery must meet the requirements of a "minimal impact
aquaculture facility" as defined by the Department of
Aqriculture.
v. The nursery must not be operated on a vacant lot. unless both
of the followina requirements are met:
a) The vacant lot is owned by the same individual who
owns a lot with a residence or habitable structure
immediately adiacent to the vacant lot: and
b) The vacant lot must not be leased to another individual
for purposes of operatinq a clam farm within the RSF-4
and VR zonina districts.
vi. At no time will a nursery owner be allowed to feed the clams.
as the clams will be sustained from nutrients occurring
naturally in the water.
vii. Only the property owner or individual in control of the property
will be allowed to operate a raceway on the shore off his
property within the VR and RSF-4 zoninQ districts. In other
words. a landowner must not lease his property to another
individual to use for purposes of operatina a clam nursery.
viii. Any pump or filtration system used in coniunction with the
nursery must meet all applicable County noise ordinances and
must not be more obtrusive than the averaae system used for
a non-commercial pool or shrimp tank
2. Conditional uses. The following uses are permitted as conditional uses in
this subdistrict:
3. Clam nursory, subjoct to tho following rm:trictions:
1) ^ "clam nursery" is dofinod as tho growing of cl3mG on a
"racoway" or "flow through saltwator systom" on tho shore of a
lot until tho clam roachos a Gizo of approximately one half
i-AsA-:-
2) For the purpoGeG of this section, a "raoO'.vay" or "flow through
salt '.".later GYGtem" iG dofined aG a pieco of plyv.'ood or similar
motorial fuGhioned aG a tabla like flow through systom
designed to facilitato the growth of cbms.
3) At no timo may a nursory O\\'ner operata a raGO'Nay or
raGowaYG that oxcood a total of 800 squaro foet of surfaco
aFea:-
4) Tho nursory mUGt meat the roquiromonts of a "minimal impaot
aquaculturo faoility" as definod by tho Department of
Agriculture.
5) Tho nursory mUGt not be oporatod on a vaoant lot, unloss both
of tho following requiremonts are mot:
i. The vaoant lot is ownod by tho same indi'.'idual who
owns a lot 'Nith a residonce or habitable structuro
immodiatoly adjacont to the vacant lot; and
ii. Tho vacant lot must not be loased to anothor individual
for purposes of operating a clam farm within the RSF 4
and \'R zoning distriots.
Page 28 of 102
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8A
6) /\t no timo '.viII n nursory ownor bo nllowod to food tho olnms,
as tho cbms ':Iill bo su!;;tninod from nutriont!;; ocourring
noturnlly in tho wator.
7) Only tho proporty ownor or individunl in control of tho proporty
will bo nllm\'od to opornto n rnoo',.,ny on tho !;;horo off his
proporty within tho VR nnd RSF 1 zoning district!;;. In othor
word!;;, n Inndownor must not lon!;;o his proporty to nnothor
individunl to uso for purposo!;; of opornting n cbm nursory.
8) Any pump or filtration sy!;;tom usod in conjunotion with tho
nursory mu!;;t moot 011 npplicnble County noise ordinnncos nnd
must not bo moro obtru!;;ivo thnn tho nvorngo systom used f-or
a non commorcinl pool or !;;hrimp tnnk
Reserved.
SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT.
Special conditions for the properties in and adiacent to the Gateway Trianqle as
referenced on GTMUD Map 1: and further identified by the desionation "GTMUD" on the
applicable official Collier County Zonino Atlas Map or map series.
1. Purpose and Intent
The purpose and intent of this District is to encouraoe revitalization of the
Gateway Trianole portion of the Bayshore / Gateway Trianqle Redevelopment
Area with Traditional Neiqhborhood Desiqn (TND) proiects. TNDs are typically
human-scale. pedestrian-oriented. interconnected proiects with a mix of
commercial uses includinq retail. office and civic amenities and residential that
complement each other. Residential uses are often located above commercial
uses, but can be a separate area of residential only with close proximity to
commercial uses. An interconnected street system is the basis for the
transportation network. Buildinas are located near the street with on street
parkino and off street parkino on the side or in the rear of the parcel.
This District is intended to: revitalize the commercial and residential
development. encouraoe on-street parkino and shared parkino facilities and
provide appropriate landscapino and bufferina between the various types of
uses: and protect and enhance the nearby Shadowlawn residential
neiohborhood. The types of uses permitted are hotels. retail. office, personal
service and residential uses.
2. Applicability
a. These reoulations shall apply to the Gateway Trianole Mixed Use
Overlay District as identified on GTMUD Map 1 and further identified by
the desionation "GTMUD" on the applicable official Collier County Zonino
Atlas Maps. Except as provided in this section of the LDC. all other uses,
dimensional and development requirements shall be as required in the
applicable underlyino zoninq classification.
b. Existinq Planned Unit Developments (PUDs) are not included in the
Gateway Trianqle Mixed Use District requirements: however. PUDs
approved after [the effective date of this ordinance]
are included in the Gateway Trianqle Overlay District and must comply
with the requirements stated herein.
c. Property owners may follow existino Collier County Land Development
Code reoulations of the underlyinq zonino classification. or may elect to
Page 29 of 102
Words struek through are deleted, words underlined are added
develop/redevelop under the mixed use provisions of the GTMUD Mixed
Use (MXD) Subdistrict of this overlav. throuah a mixed use proiect
approval from the BCC. However. in either instance. GTMUD site
development standards are applicable. as provided for in section
2.03.07 N.5.d. of this Code.
Page 30 of 102
Words struek through are deleted, words underlined are added
8A
8A
GTMUD Map No.1
JlJ
l-.
n
NORTH
Gateway Triangle Mixed U.e Overlay District
GTIIUO-IIXD MIud U.. Subd_
[j
-_....~In~l
~ ~ I
,# -- I
I _)' - I
d - J (__ II
Ii ~I/ (-- : I
OTMUO-R RHldentI.18ubdlWlcl
(XXX) Ul1Cler LyIng Zoning o..trfcl1l
Future Land Un
~ Activity Center 18
. _ _. CRABoundary __-
#~
#
",.J
Page 31 of 102
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8A
3. Mixed Use Proiect Approval Process.
a. Owners of property in the Mixed Use Subdistrict (GTMUD-MXD) may
petition the Board of County Commissioners for mixed use proiect
approval. The application for a MUP approval shall acknowledge
that the owner shall not seek or reauest, and the County shall not
thereafter orant or approve. any additional uses beyond those allowed
in the C-1 throuoh C-3 zonino districts. The application shall be
accompanied by a conceptual site plan demonstratino compliance
with the criteria in section 10.03.05.G.
b. There shall be a public hearina before the BCC leoally noticed and
advertised pursuant to section 10.03.05.G. If approved by the BCC.
such approval shall be by resolution.
c. Once a Mixed Use Proiect has been approved by the BCC. the
applicant shall submit a site development plan (SOP). based upon
the conceptual site plan approved by the BCC and meetino the
reauirements of section 10.02.03 B.1. of this Code. to the Community
Development and Environmental Services Division within six months
of the date of approval. This SOP must be determined as sufficient
and accepted for review by the Division within 30 days of submittal.
After the SOP has been approved. the approved proiect shall be
identified on the Collier County official zonina atlas map. usina the
map notation MUP. If a MUP approval expires. as set forth below.
the map notation shall be removed from the official zonino atlas map.
The burden is on the applicant to submit an SOP application in a
timely manner. to be responsive to the County's SOP review
comments. and to commence construction in a timely manner after
SOP approval has been oranted.
d. MUP approval shall expire and any residential density bonus units
shall be null and void if any of the followina occur:
i. The SOP is not submitted within six months of MUP approval
by the BCC.
ii. The SOP is not deemed sufficient for review within 30 days of
submittal.
iii. The SOP under review is deemed withdrawn and cancelled.
pursuant to section 10.02.03.B.4.a.
iv. The SOP is considered no lonaer valid. pursuant to section
10.02.03.B.4.b. and c.
e. Once a property owner. throuoh a MUP approval. elects to develop or
redevelop a mixed use proiect under the Mixed Use Subdistrict
(GTMUD-MXD). then the property shall be developed in compliance
with all provisions of the overlay and cannot revert back to the
underlyino zonino district.
4. Bonus Density Pool Allocation
Under the Collier County Future Land Use Element. 388 bonus density
units are available for reallocation within the Bayshore/Gateway Trianole
Redevelopment Overlay. The County Manaoer or desionee will track the
Bonus Density Pool balance as the units are used. These 388 bonus
density units may be allocated between this GTMUD overlay and the
Bayshore Mixed Use District Overlay BMUD), and shall only be allocated
throuoh the MUP approval process.
Page 32 of 102
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8A
To aualifv for UP to 12 dwellina units per acre. proiects shall complv with
the followinq criteria. The density of UP to 12 dwellina units per acre is
onlv applicable until the bonus density pool has been depleted.
a. The proiect shall be within the Mixed Use Subdistrict. and shall be a
mixed use project - mix of commercial and residential uses.
b. Base density shall be as per the underlvinq zoninq district. The
maximum density of 12 units per acre shall be calculated based upon
total project acreaqe. The bonus density allocation is calculated by
deductinq the base density of the underlvinq zoninq classification from
UP to the 12 unit maximum beinq souqht. The difference in units per
acre determines the bonus density allocation reauested for the
proiect.
c. For proposed projects outside the Coastal Hiqh Hazard Area (CHHA).
as depicted on the Future Land Use Map of the Growth Manaqement
Plan. any eliqible density bonuses. as provided in the Density Rating
System of the FLUE. are in addition to the eliqible density bonus
provided herein.
d. For proposed projects within the CHHA. onlv the Affordable Housing
Density Bonus. as provided in the Density Ratina System of the
FLUE. is allowed in addition to the eliaible bonus density units
provided herein.
e. Properties must be Ivina south of Davis Blvd. and west of Airport-
Pullinq Road.
f. The proiect shall complv with the standards for mixed use development
set forth in the Gatewav Trianqle Mixed Use Overlav District.
a. For proiects that do not complv with the reauirements for this density
increase. their density is limited to that allowed bv the Density Ratinq
System and applicable FLUE Policies.
5. Gatewav Trianqle Mixed Use District (GTMUD) Subdistricts
a, Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this
subdistrict is to provide an option to current and future property owners
bv encouraqinq a mixture of low intensity commercial and residential
uses on those parcels with frontaae on US 41. the south side of Davis
Boulevard. and Airport-Pullina Road. Included also is the "mini
trianale" formed bv US 41 on the South. Davis Boulevard on the North
and Commercial Drive on the East. Developments will be pedestrian-
oriented and reflect buildina patterns of traditional neiahborhood
desiqn.
For mixed use proiects onlv. subiect to the MUP approval process in
Sec. 2.03.07.1.3.. refer to Tables 1 and 2 for permitted uses.
Otherwise. permitted uses are in accordance with the underlving
zonina district.
b, Residential Subdistrict (GTMUD-R). The purpose of this Subdistrict is
to encouraqe the development in the Shadowlawn neiqhborhood a
mixture of residential housina types. Refer to Tables 1 and 2 for
permitted uses in this Subdistrict.
c. Mixed Use Activitv Center Subdistrict. Portions of the Gatewav
Trianale Mixed Use District coincide with Mixed Use Activitv Center
Page 33 of 102
Words stmek thrm:lgh are deleted, words underlined are added
8A
#16 desianated in the Future Land Use Element (FLUE) of the Collier
County Growth ManaQement Plan. DeveloDment standards in the
activity center is aoverned by reauirements of the underlyino zoning
district requirements and the mixed use activity center subdistrict
requirements in the FLUE. except for site development standards as
stated in section 4.02.35 of this Code.
d. All subdistricts. DeveloDment within all subdistricts of the GTMUD
shall be subiect to the site development standards as stated in
sections 4.02.35 and 4.02.36. as applicable. The subdistrict site
development standards shall also apply to property developed in
conformance with the underlyina zonina classification.
*
*
*
*
*
*
*
*
*
*
*
*
*
SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
~
J1DfJi'1'tJfN t1111i'1IR. t:OJlJIIIlYJI. SUBIJlS'1PJl1'11
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Page 34 of 102
Words struek dlrol:lgn are deleted, words underlined are added
8A
O. Golden Gate Downtown Center Commercial Overlay District "GGDCCO":
Special conditions for properties in the vicinity of Golden Gate Parkway in Golden
Gate City. as identified on the Golden Gate Downtown Center Commercial
Subdistrict Map of the Golden Gate Area Master Plan and as contained herein.
1. Purpose and intent. The purpose and intent of this overlay district is to
encouraqe redeyelopment herein in order to improve the physical
appearance of the area and create a viable downtown district for the
residents of Golden Gate City and Golden Gate Estates. Emphasis
shall be placed on the creation of pedestrian-oriented areas. such as
outdoor dinino areas and pocket parks. which do not impede the flow
of traffic alono Golden Gate Parkway. Also. emphasis shall be placed
on the construction of mixed-use buildinas. Residential dwellina
units constructed in this overlay district are intended to promote
resident-business ownership The provisions of this overlay district are
intended to ensure harmonious development of commercial and
mixed-use buildinas at a pedestrian scale that is compatible with
residential development within and outside of the overlay district.
2. Aooreqation of properties. This overlay district encouraoes the
aooreqation of properties in order to promote flexibility in site desion.
The types of uses permitted within this overlay district are low intensity
retail. office. personal services. institutional. and residential. Non-
residential development is intended to serve the needs of residents
within the overlay district. surroundino neiohborhoods. and passersby.
3. Applicability. These reoulations apply to properties in Golden Gate Cit~
Iyino north of Golden Gate Parkway. oenerally bounded by 23r
Avenue SW and 23rd Place SW to the north. 45th Street SW to the
west. and 415t Street SW and Collier Boulevard to the east. South of
Golden Gate Parkway. these requlations apply to properties bounded
by 25th Avenue SW to the south. 4ih Street SW to the west. and 44th
Street SW to the east. These properties are more precisely identified
on Map 17. "Golden Gate Downtown Center Commercial Subdistrict"
of the Golden Gate Area Master Plan and as depicted on the
applicable Official Zonino Atlas Maps. Except as provided in this
reoulation. all other use. dimensional and development requirements
shall be as required or allowed in the underlyino zoninq districts.
4. Permitted uses. Permitted uses within the GGDCCO include the uses
listed below and those uses identified in Chapter 2. Table 1.
"Permissible Land Uses in Each Zonino District".
a. Residential uses: permitted by rioht in the existino residential
zonino districts. except as otherwise prohibited by this zoning
overlay.
i. in a mixed use buildino
ii. in an existinq owner occupied structure
iii. in an existino non-owner occupied structure. until such
time as cessation is required by section 4.02.37 1. of this
Code.
5. Conditional uses. Conditional uses within the GGDCCO include the
use listed below and those uses identified in section 2.04.03 of this
Page 35 of 102
Words struck through are deleted, words underlined are added
8A
Code: Table 2 -"Land Uses that May be Allowable in Each Zonina
District as Accessory Uses or Conditional Uses".
a. Outdoor dinina areas, not directly abuttina the Golden Gate
Parkway riaht-of-wav.
6. Prohibited uses. Prohibited uses within the GGDCCO include the uses
listed below and those uses, prohibited. by omission. in section
2..04.03 of this Code: Table 1. "Permissible Land Uses in Each Zoning
District",
a. New residential-only structures
b. Any commercial use emploYina drive-up. drive-in or drive
throuah delivery of aoods or services.
c. Sexually oriented businesses (Code of Laws, 26-151 et sea.) ,
SUBSECTION 3.G. AMENDMENTS TO SECTION 2.04.03 Table of Land Uses in
Each Zoning District
Section 2.04.03. Table of Land Uses in Each Zoning District, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
P = permitted
E = permitted with certain exceptions
"'0
Blank cell = prohibited (also see table of conditional and $(,,)
;(,,)~
accessory uses) (,,) 0"
cC)C:
Q) ~~~
"0 .s it
0
0 c_
o ~ ... IV
o Q) 6
Ci5 0> c:
land Use Type or Categoryl 00
$iijtJ
III ._ tJ
C) U Q
...~
c Q)I~
Q) E ~
'C Eo!
~ It~ ~
Accounting Services 8721 p
Administrative Service Facilities
Adult Day Care Facilities & Centers 8322
Agricultural Activities
Agricultural Outdoor Sales
Agricultural Services 0741,0742,
0752-0783
0711,0721,
Agricultural Services 0722-0724,
0762, 0782,
0783
Agricultural Services 0723
Aircraft and Parts 3721-3728
Airport - General Aviation
Amusement & Recreation Services 7911,7991
Amusement & Recreation Services 7999 tourist
guides only
Ancillary Plants
Apparel & Other Finished Products 2311-2399
Page 36 of 102
Words stmek thf01:lgh are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions
"0
Blank cell = prohibited (also see table of conditional and .!u
5ju
accessory uses) u Q'tI
c~
(J) ~~N
"C
0 o :! I!!
() - Clllr
c_..
~ ~"J:
o GI (.l
Land Use Type or Categoryli (f) Q ~.e
.! iii 8
Cll'- (.l
~ f:!~
cGlC)
GI E's
'C E ~
~ ~
18!l=
Apparel & Accessory Stores 5611-5699 .e
Appraisers
Architectural, Engineering, Surveying Services 0781,8711- E(a)
8713
Assisted Living Facilities
Attorney Offices & Legal Services 8111 .e
Auctioneering Service, Auction Rooms and Houses 7389,5999
Auto and Home Supply Store 5531 .e
Automobile Parking 7521
Automotive Repair, Services, and Parking 7514,7515,
7521,7542
Automotive Repair, Services, and Parking 7513-7549
Automotive Services
5511 , 5531,
Automotive Dealers and Gasoline Service Stations 5541,5571,
5599
Barber Shops or Colleges 7241
Beauty Shops or Schools 7231
Biking Trails
Bowling Centers 7933
Building Construction 1521-1542
Building Materials 5211-5261
Building Materials, Hardware, Garden Supplies 5231 - 5261
Business Associations 8621
Business Repair Service .e
7311,7313,
7322-7331,
Business Services 7338,7361, .E
7371, 7372,
7374-7346,
7379
7311-7313,
Business Services 7322-7338, .e
7361-7379,
7384
7311,7313.
Business Services 7322-7338,
7384
7311-7313,
Business Services 7322-7338,
7361-7379,
7384, 7389
Page 37 of 102
Words struek throtlgh are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions
"'0
Blank cell = prohibited (also see table of conditional and .!o
5i 0 ~
accessory uses) 00,.
cC)1:
Q) ~1!:2 :::
"0 o ::! f!
0 C l'lIf
<...>
<...> ~ 'I: ..
o41cJ
Ci5 o > I:
Land Use Type or Categoryili 0'
.! iij 8
I'll __ 0
C) U Q
...Cl
C41Cl
4lEs
'tJ E ~
g '*
,of!-
7311-7352, E(b)
Business Services 7359, 7361-
7397, 7389
Business Services 7311-7353,
7359
7312,7313,
Business Services 7319,7334-
7336, 7342-
7389
Business Services 7311
7312,7313,
7319,7331,
7334-7336,
Business Services 7342,7349,
7352,7361,
7363,7371-
7384, 7389
7311,7313,
7322-7331 ,
Business Services 7335-7338,
7361, 7371,
7374-7376,
7379
Business/Office Machines
Canoe Rental
Canoeing Trails
Care Units
Carwashes 7542
Category II Group Care Facilities
Child Care - Not for Profit
Child Day Care Services 8351
Churches & Places of Worship
Civic and Cultural Facilities
CollectionlTransfer Sites
Commercial Printing 2752
Communications 4812-4841
Communications 4812-4899
Communication Towers
Construction
Construction - Heavy
Construction - Special Trade Contractors 1711-1799
Page 38 of 102
Words struck tarOl:lgh are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions "'0
(])
"0 .!u
Blank cell = prohibited (also see table of conditional and 0 ~u;z
u
accessory uses) U c...
u c C) "
U5 ~~..
~ ~ ~
~'i:~
o al u
C >"
o-
Land Use Type or CategorylV al-8
"IV .!!! u
C) U c
...I.?
- call.?
alES
:!2 E.!
o 0 &!
C) U,t.
Continuing Care Retirement Communities
Depository Institutions 6011-6099
Depository Institutions 6011,6019,
6081,6082
6021-6062,
Depository Institutions 6091,6099,
6111-6163
Depository Institutions 6021-6062
Drinking Establishments and Places 5813
Drug Stores 5912
Drugs and Medicine 2833-2836
Duplexes E(I)
Dwelling Units
Eating Establishments and Places 5812 E(d)
Educational Plants
Educational Services 8211-8231
Educational Services 8243-8249
Educational Services 8221-8299
Educational Services 8211-8244,
8299
Electronic Equipment & Other Electrical Equipment 3612-3699
Engineering, Accounting, Management and Related Services 8711-8748
Engineering, Accounting, Management and Related Services 8711-8713 E(a)
Equestrian Paths
Essential Services 10 E(e)
Excavation
Fabricated Metal Products 3411-3479,
3419-3499
Fairgrounds
Family Care Facilities
Fishing Piers
Fishing/Hu nting/Trappi ng 0912-1919
10 For reauirements pertainina to Essential Services. see 2.01.03
Page 39 of 102
Words strn6k through are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions
"0
Blank cell = prohibited (also see table of conditional and $(.)
~(.)~
accessory uses) (.) Q ...
cC)i
Q) ~I~N
"'C o ~ r!
0 C Ill!
()
() ~'t:..
o QI 6
Ci5 Q >"
Land Use Type or CategoryV 00
$ 7ii 0
Ill.- 0
C) u c
..Cl
C QlCl
QI ES
'C E~
~ 18~
Fixture Manufacturing
2034,2038,
2053, 20,64,
Food Manufacturing 2066,2068,
2096, 2098,
2099
Food Products 2011-2099
Food Stores 5411,5421- .e
5499
Food Stores 5411-5499 .e
Fraternal Organizations
Funeral Services and Crematories 7261
Furniture & Fixtures Manufacturing 2511-2599
Gasoline Services Stations 5541,5511-
5599
General Contractors 1521-5261
General Merchandise Stores 5311-5399 .e
Glass and Glazing Work 1793
Golf Courses
9111-9222,
9224-9229,
Government Offices/Buildings 9311,9411-
9451,9511-
9532,9611-
9661
Group Care Facilities
Gunsmith Shop 7699
Hardware Stores 5251 .e
Health Food Stores
Health Services 8011-8049 .e
Health Services 8011-8049, .e
8082
8051-8059,
Health Services 8062-8069,
8071, 8072,
8092-8099
Heavy Construction 1611-1629
Hiking Trails
Home Furniture, Furnishings. Equipment Store 5713-5719,
5731-5736 P
Home Furniture, Furnishings, Equipment Store 5712-5736 .e
Page 40 of 102
Words struek throl:lgh are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions
".0
Blank cell = prohibited (also see table of conditional and .eo
~ 0 ~
accessory uses) o c...
cC)i
Q) ~I~N
"0
0 o ~ r!
- cu ~
() c't:co
S:2 ~ ell J:
o > 0
Land Use Type or CategoryVi C/) co~
.e jij 0
cu ._ 0
C) u c
..I.?
C ell I.?
ell E S
'C E ~
~ 18~
Home Supply Store 5531 ~
Hotels and Motels 7011,7021,
7041
Hotels and Motels 7011
Houseboat Rental 7999
Individual & Family Social Services
Industrial Inorganic Chemicals 2812-2819
Industrial, Commercial, Computer Machinery and Equipment 3511-3599
Insurance Agencies, Brokers, Carriers 6311-6399, ~
6411
Insurance Agencies, Brokers, Carriers 6311-6361,
6411
Insurance agents, brokers, and service, including Title 6361 and 6411
Insurance
InvestmenUHolding Offices 6712-6799
Job Training & Vocational Services 8331
Justice, Public Order & Safety 9221,9222,
9229
Labor Unions 8631
Lakes Operations 7999
Large Appliance Repair Service 7623 P
Leather Products 3131-3199
Libraries 8231 E
Local and Suburban Transit 4111-4121
Local and Suburban Transit 4131-4173
Lumber and Wood Products 2426,2431-
2499
Management & Public Relations 8741-8743, ~
8748
Management Services 8711-8748
Marinas 4493,4499
Measuring, Analyzing and Controlling Instruments 3812-3873
Medical and Optical Goods 3812-3873
Medical Laboratories and Research & Rehabilitation Centers 8071, 8072,
8092,8093
Membership Organizations 8611-8699 E(t)
Membership Organizations 8611,8631
Page 41 of! 02
Words struek through are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions
Blank cell = prohibited (also see table of conditional and ~6
c UI~
CIIU
accessory uses) uC."
c C)I;
Q) ~I~N
"C o > I!!
0
() "cui
c_
~ ~ ....c
o CII (J
C/) C > l:
land Use Type or CategoryVil 0.-
Si;j8
l'G ._ (J
C) U Q
...Cl
C CII Cl
CII E S
'C E ..
~ .!
!,C!. ~
Membership Organizations 8611
Membership Organizations 8611,8621
Misc. Manufacturing Industries 3911-3999
Miscellaneous Plastic Products
Miscellaneous Repair Service 7629-7631 p
Miscellaneous Repair Service 7622-7641,
7699
Miscellaneous Repair Service 7622-7699
Miscellaneous Retail Services 5912,5942- E(9)
5961
Miscellaneous Retail Services 5912-5963 E(a) (g)
Miscellaneous Retail Services 5912 -596323,
5992-599924 E(a) (g) (h) (I)
5912, 5932-
Miscellaneous Retail Services 5949, 5942-
5961,5992-
5999
Mixed Residential and Commercial Uses E(I)
Mobile Home Dealers 5271
Mobile Homes
Modular Built Homes
Motion Picture Production 7812-7819
Motion Picture Theaters 7832
Motor Freight Transportation and Warehousing 4225
Motor Homes
Multi-Family Dwellings E(l)
Museums and Art Galleries 8412 f
Nature Preserves
Nature Trails
Non-Depository Credit Institutions 6141-6163
Non-Depository Credit Institutions 6111-6163
Non-Depository Institutions 6011-6163
Non-Depository Institutions 6011, 6019,
6081,6082
6021-6062,
Non-Depository Institutions 6091, 6099,
6111-6163
Page 42 of 102
Words stmek through are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions "0
Blank cell = prohibited (also see table of conditional and .!u
c u ~
accessory uses) ale
uC)!
Q) jl~ N
"'C ~~t
0
()
~ 3: .. ..
o Q) is
C/) e > l:
Land Use Type or CategoryViii 00
.! 1ii (.)
1Il.- (.)
C) u c
..~
C al ~
al E S
'tl Eo!
g 8~
Nursing Homes 8051, 8052,
8249
Office Machine Repair Service 7629-7631 .e
-
Oil & Gas Exploration
Open Space
Outdoor Storage Yard
Paint, Glass, Wallpaper Stores 5231 .e
Paper and Allied Products 2621-2679
Park Model Travel Trailers
Park Service Facilities
Parking Facilities
Parking Services
Parks, Public or Private E(m)
Parochial Schools - Public or Private 8211
Party Fishing Boats Rental 7999
Personal Services 7291 .e
7212-7215,
Personal Services 7221-7251, E(d)(j)
7291
Personal Services 7212, 7215,
7221-7251
Personal Services 7212, 7291
7211,7212,
Personal Services 7215,7216, E(d)( j) )( k)
7291,729911
7215,7217,
Personal Services 7219,7261, E(d)( j) )( k)
7291-7299
Personal Services 7211-7219
Personal Services 7215-7231, EO)
7241
Personal Services 7221,7291
Photographic Goods 3812-3873
Photographic Studios 7221 .e
Physical Fitness Facilities 7991 .e
11 Group 7299 limited to babysitting bureaus, clothing and costume rental, dating service, depilatory
salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair
removal.
Page 43 of 102
Words struck throl:lgh are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions ...'0
Blank cell = prohibited (also see table of conditional and So
i o~
accessory uses) o Q"
cC)c
Q) ~I~:::
"0
0 o ~ I!!
U c..!!! j
~ ~ ....c
o QI Co)
(/) Q > C
Land Use Type or CategoryiX 00
S 'ii Co)
C'll.- Co)
C) ~ c
C QI
QI E-
'tl E'::
~ I~~
Physical Fitness Facilities
Pickup Coaches
Plant and Wildlife Conservancies
Plastic Materials & Synthetics 2821,2834
Play Areas and Playgrounds
Pleasure Boat Rental
Printing and Publishing Industries 2711,2712
Printing and Publishing Industries 2711-2796
6712-6799,
6411,96311-
Professional Offices 6399,6531,
6541, 6552,
6553,8111
Professional Organizations 8631
9111-9199,
9229,9311,
Public Administration 9411-9451,
9511-9532,
9611-9661
Public Service Facilities - Essential
Railroad Transportation 4011,4013
Real Estate 6531-6541 .e
Real Estate 6521-6541 E
Real Estate 6512
6512-6514,
Real Estate 6519,6531-
6553
Real Estate Brokers and Appraisers 6531
Real Estate Offices 6531 , 6541,
6552,6553
Recreational Service Facilities
7911-7941,
Recreational Services - Indoor 7991-7993,
7999
Recreational Uses
Recreational Vehicles
Rehabilitative Centers 8093
Page 44 of l02
Words struek tarotlgh are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions
;0
Blank cell = prohibited (also see table of conditional and C U ~
Cl)u
accessory uses) uC"
cC)c
Q) ~I~'::
"'C o :2! ~
0 C III f
()
() ~'t:~
o CI) 0
Ci5 C > C
Land Use Type or CategoryX 0'-
S ili 8
Ill'- 0
C)UC
..to?
C CI) to?
CI) E S
"C E ~
.!!
~ I(~ ~
Repair shops and related services, not elsewhere classified 769912
Research Centers 8093
Research Services 8732
Residential uses
Retail Nurseries, Lawn and Garden 5261 ~
Rubber and Misc. Plastic Products 3021, 3052,
3053
Safety Service Facilities
Schools, public
Schools - Vocational 8243-8299 EO)
Security Brokers, Dealers, Exchanges, Services 6211-6289 ~
Shoe Repair Shops or Shoeshine Parlors 7251 ~
Shooting range, indoor 7999
Single-Family Dwellings EO)
Social Services 8322-8399
3221, 3251,
Stone, Clay, Glass and Concrete Products 3253, 3255-
3273, 3275,
3281
Storage
Synthetic Materials 2834
Testing Services
2211-2221,
Textile Mill Products 2241-2259,
2273-289,2297,
2298
Timeshare Facilities
Title abstract offices 6541
Tow-in Parking Lots 7514,7515,
7521
Townhouses E(l)
Transportation by Air 4512-4581
3714,3716,
3731,3732,
Transportation Equipment 3751, 3761,
3764, 3769,
3792,3799
12 Antique repair and restoration, except furniture and automotive only, bicycle repair shops only, rod and
reel repair.
Page 45 of 102
Words struek through are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions :uS
Blank cell = prohibited (also see table of conditional and C CJI~
GlCJ
accessory uses) CJ c...
cC)c
Q) ~I~ ::
'0 o ;:lo!!
0 - Illf
() c_
S:2 ~ ... co
oGlS
en c > c
Land Use Type or Category"i 0'-
.! 'iij 8
III ._ (J
C) u c
...Cl
CGlCl
Gl E S
"C E ..
~ i
1,0 'f
Transportation Services 4724-4783, 4789
Travel Agencies 4724
Travel Trailers 5561
Two-Family Dwelling
United States Postal Service13 4311 .e
Veterinarian's Office 14 0742
Veterinarian's Office 0752
Videotape Rental15 7841 .e
Vocational Rehabilitation Services 8331
Welding Repair 7692
Wholesale Trade 5148
5021,5031,
5043-5049,
Wholesale Trade - Durable Goods 5063-5078,
5091,5092,
5094-5099
5111-5159,
Wholesale Trade - Nondurable Goods 5181, 5182,
5191
Wildlife Conservancies 9512
Wildlife Management 0971
Wildlife Refuge/Sanctuary
Wildlife Sanctuaries
Watches/Clocks 3812-3873
(a) Limited to 5.000 sauare feet per floor
(b) Except labor pools in aroup 7363
(c) Exception for newspapers in aroup 2752
(d) Except commercial use employina drive-up. drive-in. or drive-throuah delivery of aoods and/or services
(e) Except that fire protection and police protection in qroups 9221 and 9224 are limited to administrative
offices only
(I) Except civic. social. and fraternal oraanizations in aroup 8641 and reliaious oraanizations in aroup 8661
(9) Except Iiauor stores in aroup 5921
(h) Except pawn shops in qroup 5932
13 Excludes major distribution center.
14 Excludes outdoor kenneling.
15 Limited to 1,800 square feet of gross floor area.
Page 46 of 102
Words struek tm-o\:lgh are deleted, words underlined are added
8A
(I) ExceDt retail firearm and ammunition sales in arOUD 5941
U) ExceDt coin oDe rated laundries and dry cleanina in arouD 7215
(k) ExceDt miscellaneous Dersonal services not elsewhere classified in arOUD 7299
(I) Refer to sDecific reaulations in the GGDCCO district (2.03.07 N.4.a.ii.)
(m) Limited to Docket Darks only, aenerally described as a small area accessible to the aeneral Dublic that
often includes Dlantinas. fountains. seatina areas. and other similar Dassive ODen SDace features.
Page 47 of 102
Words struek throl:lgh are deleted, words underlined are added
8A
Table 2. land Uses that May be Allowable in Each Zoning District as Accessory
Uses or Conditional Uses.
C = conditional use
A = accessory use
Q) ;
"C
ACCESSORY AND 0
0
I CONDITIONAL USES 0
Cii
Administrative or service building
Adult day care 8322
Agricultural: animal & livestock breeding, exotic aquaculture,
aviary, diary or poultry plant, egg production, exotic animals,
ranching, or wholesale reptile breedinq
Agricultural
Agricultural services 0741,0742, Q
0752-0783
Amusement & recreation services 7911 C
7911-7941,
Amusement & recreation services 7991-7993,
7997, 7999
Amusement & recreation services 7948, 7992,
7996, 7999
Ancillary plants
Animal control
Aquariums 8422
Archery ranges 7999
Assisted living facilities
Auctioneering Services, auction rooms and houses 7389,5999 C(a)
5521,5551,
Automotive dealers and gasoline service stations 5561,
5599
Automotive rental/leasing 7513,7519
Beach chair, bicycle, boat or moped rentals
Bed & breakfast facilities 7011
Boathouses
Boat ramps
Boat yards
Botanical garden 8422
Bottle clubs 5813
Camping cabins
Care Units
Caretaker's residence A(b)
Category II group care facilities
Page 48 of l02
Words struek through are deleted, words underlined are added
8A
C = conditional use
A = accessory use
Q) ~
"C
ACCESSORY AND 0
0
I CONDITIONAL USES 0
en
Cemeteries
Chemical products 2812-2899
Child day care 8351
Churches & places of worship 8661
Civic & cultural facilities
Clam nurseries
Cluster development
Cocktail lounges 5813
Collection/transfer sites
Commercial uses
Communications 4812-4841
Communication towers
Community centers C
Community theaters 7922
Concrete or asphalt plants
Continuing care/retirement centers
Convenience stores 5411
Dancing establishments & staged entertainment
Depository institutions 6011-6099
Detention facilities
Docks
Drinking establishments 5813
Driving ranges
Earth mining
Eating establishments 5812
Education services 8211-8222
Education facilities; public & private schools 8211-8231
Electric generating plants
Electric, gas, & sanitary services 4911-4971
Enameling, painting, or plating A (c)
Excavation
Extraction related processing and production
Page 49 of 102
Words struck thr01.:lgh are deleted, words underlined are added
8A
C = conditional use
A = accessory use
Q) i
"tl
ACCESSORY AND 0
0
I CONDITIONAL USES 0
(i)
Fabricated metal products 3482-3489
Farm labor housing
Farm product raw materials 5153-5159
Field crops
Fish ing/h unting/trapping 0912-1919
Food products 2011,2048
Food service
Food stores (over 5,000 sJ.) 5411-5499 C
Fraternal lodges, private club, or social clubs
Fuel dealers 5983-5989
Fuel facilities
Funeral services & crematories 7261
Gas generating plants
Gift shops 5947
Golf club house
Golf course
Golf driving range
Group care units
Guesthouses
Health services 8011
Homeless shelters 8322
Hospitals 8062-8069
Hotels and motels 7011,7021,
7041
Hunting cabins
Incinerators
Jails
Justice, public order & safety 9211-9224
Kennels & kenneling 0742,0752
Kiosks
Leather tanning & finishing 3111
Livestock
Local and suburban transit 4111-4121
Page 50 of 102
Words strnek through are deleted, words underlined are added
8A
C = conditional use
A = accessory use
(I,) ~
"C
ACCESSORY AND 0
0
I CONDITIONAL USES 0
c;;
Local and suburban transit 4131-4173
Lumber and wood products 2411-2421, 2429
Maintenance areas
Major maintenance facilities
Marina 4493,4499
Mental health facilities
Merchandise - outdoor sales
Miniature golf course 7999
Mixed residential and commercial
Model homes and model sales centers
Motion picture theaters 7832 C
Motion picture theaters 7833
Motor freight transportation and warehousing 4212,4213-
4225,4226
Motor freight transportation and warehousing 4225,4226
Noncommercial boat launching ramps
Nursery - retail 5261
Nursing and personal care facilities 8062
Nursing homes
Oil and gas extraction 1321,1382
Oil & gas field development and production
Outdoor display
Packinghouse
Paper and allied products 2611
Personal services 7291
Petroleum refining and related 2911-2999
Pistol or rifle range
Play areas and playgrounds A
Poultry raising (small)
Primary metal industries 3312-3399
Private boathouse and docks
Private clubs
Private landing strips
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C = conditional use
A = accessory use
(I,) ~
"C
ACCESSORY AND 0
0
I CONDITIONAL USES 0
c;;
Pro shops (large)
Pro shops (small)
Recreational facilities 8
Recreational services
Refuse systems 4953
Rehabilitative centers 8093
Repair or storage areas
Residential uses
Resource recovery plant
Restaurant (small) or snack shop 5812
Restaurant (large) 5812
Retail shops or sales
Rubber and misc. Plastic products 3061-3089
Sanitary landfills
Sawmills
Schools, public or private
Schools,_private
Schools, vocational 8243-8299
Service facilities
Slaughtering plants 2011
Social association or clubs 8641
Social services 8322-8399
Soup kitchens
Sports instructional camps or schools
Staged entertainment facility
3211, 3221,
Stone, clay, glass and concrete products 3229,3231,
3241,3274,
3291-3299
Swimming pools - public
Storage, enclosed
Tennis facilities
2231,2261-
Textile mill products 2269,2295,
2296
Transfer stations 4212
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C = conditional use
A = accessory use
(I,) ~
"C
ACCESSORY AND 0
0
I CONDITIONAL USES 0
c;;
Veterinarian's office 0741-0742
Wholesale trade - durable goods 5015,5051,
5052,5093
5162,5169,
Wholesale trade - nondurable goods 5171,5172,
5191
Yacht club 7997
Zoo
(8) Limited to 5,000 sauare feet oer floor
(b) Accessory to commercial and residential mixed use oroiects
(c) Accessory to an artist's studio or craft studio only
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SUBSECTION 3.H. AMENDMENTS TO SECTION 2.05.01 Density Standards
Section 2.05.01 Density Standards, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.05.01 Density Standards and Housing Types
A. Where residential uses are allowable, the following density standards and housing type criteria
shall apply.
=s
~
.!2
-
"'
... '"
<II
.Q ... Density
e II)
Housing J! (units per gross acre)
::l (.)
Type: -!:. ...
.A:::
~ ~
Zoning '-
~ <II <II :5 -
District <II ~ e !g "'
E II) ~ ~ e c::
~ ::l ~ 0
0 e "' ~
... .A:::
, ~ .A::: ~ oS! .e J!! "'
- gJ e
oS!:! i '- gJ
.... .Q II) e
Q) g. "5 t5 .S (.)
.S ~ ~ ::l tJ <II
CI) Cl :e (,!) .-; It
.S
CI) Per underlyina
"~ zonina district
GGDCCO -
-L
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SUBSECTION 3.1. AMENDMENTS TO SECTION 2.06.03 AHDB Rating System
Section 2.06.03 AHDB Rating System, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 2.06.03 AHDB Rating System
Table A. Affordable-Workforce Housing Density Bonus
(Additional Available Dwelling Units Per Gross Acre)
TABLE INSET:
Percent of Development Designated as Affordable-Workforce Housing
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
150% 1 ~ ~ ~ ~ Q Q Q Q n/a
MI* **
80%
Income Level MI* 4~ ~~ 3~ 4~ ~Q el +!! 8 8 8
60%
MI ~~ 3~ 4~ ~Q el +8 8 8 8 8
50%
MI 3~ 4~ ~Q el +!! 8 8 8 8 8
*Owner-occupied only
**May only be used in coniunction with at least 10% at or below 80%MI
Total Allowable Density = Base Density + Affordable-Workforce Housing Density Bonus
In no event shall the maximum gross density allowed exceed 16 units per acre
SUBSECTION 3.J. AMENDMENTS TO Chapter 4 Table of Contents
Chapter 4 Site Design and Development Standards, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
CHAPTER 4
SITE DESIGN AND DEVELOPMENT STANDARDS
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4.01.00 Generally
4.01.01 Elevation Requirements for All Developments
4.01.02 Kitchens in Dwelling Units
4.02.00 Site Design Standards
4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts
4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base
Zoning Districts
4.02.03 Specific Standards for Location of Accessory Buildings and Structures
4.02.04 Standards for Cluster Residential Design
4.02.05 Specific Design Standards for Waterfront lots
4.02.06 Standards for Development in Airport Zones
4.02.07 Standards for Keeping Animals
4.02.08 outside Lighting Requirements
4.02.09 Design Requirements for Shorelines
4.02.10 Design Standards for Recreation Areas within Mobile Home Rental Parks
4.02.11 Same-Hurricane Shelters within Mobile Home Rental Parks
4.02.12 Same-Outdoor Storage
4.02.13 Same-Development in the BP District
4.02.14 Same-Development in the ACSC-ST District
4.02.15 Same-Development in the SBCO District
4.02.16 Same-Development in the BMUD - Neighborhood Commercial Subdistrict
4.02.17 Same-Development in the BMUD - Waterfront Subdistrict
4.02.18 Same-Development in the BMUD - Residential Subdistrict (R1)
4.02.19 Same-Development in the BMUD--Residential Subdistrict (R2)
4.02.20 Same-Development in the BMUD--Residential Subdistrict (R3)
4.02.21 Samo Delfelopment in tho 8MUD Residential Neighborhood Commeroial
Subdistriot (RNe)
4.02.21 Desian Standards for Develooment in the BMUD--Residential Subdistrict
(R4)
4.02.22 Same--GZO District
4.02.23 Same--Development in the Activity Center #9 Zoning District
4.02.24 Corridor Management Overlay District (CMO)--Special Regulations for
Properties Abutting Golden Gate Parkway West of Santa Barbara Boulevard and
Goodlette-Frank Road South of Pine Ridge Road
4.02.25 Mobile Home Overlay District (MHO)--Special Regulations for MHO in
Rural Agricultural (A) Districts
4.02.26 Golden Gate Parkway Professional Office Commercial Overlay District
(GGPPOCO)--Special Conditions for the Properties Abutting Golden Gate
Parkway East of Santa Barbara Boulevard as Referenced in the Golden Gate
Parkway Professional Office Commercial District Map (Map 2) of the Golden Gate
Area Master Plan
4.02.27 Specific Design Standards for the Immokalee--State Road 29A
Commercial Overlay Subdistrict
4.02.28 Same--Jefferson Avenue Commercial Overlay Subdistrict
4.02.29 Same--Farm Market Overlay Subdistrict
4.02.30 Same--Agribusiness Overlay Subdistrict
4.02.31 Same--Central Business Overlay Subdistrict
4.02.32 Same--Main Street Overlay Subdistrict
4.02.33 Same--Mobile Home Park Overlay Subdistrict
4.02.34 Specific Standards for Shopping Centers
4.02.35 Desian Standards for Develooment in the GTMUD-Mixed Use Subdistrict
(MXD)
4.02.36 Desion Standards for Develooment in the GTMUD-Residential Subdistrict
1Bl
4.02.37 Desion Standards for Develooment in the Golden Gate Downtown Center
Commercial Overlav District (GGDCCO)
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SUBSECTION 3.K. AMENDMENTS TO SECTION 4.02.16 Same-Development in the
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BMUD-Neighborhood Subdistrict
Section 4.02.16 Same-Development in the BMUD-Neighborhood Subdistrict, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
4.02.16 Design Standards for Development in the BMUD - Neighborhood
Commercial Subdistrict
A. Purpos~
The purposo ~md intont of this ~ubdistriot is to oncour3ge 3 mix of low
intonsity commorci31 uses 3nd residonti31 usos. Do'y'olopmonts '.viII bo
hum3n sC310d 3nd podostri3n orionted.
Proportv within tho Noiahborhood Commorcial Subdistrict INill romain
undor curront LDC regulations (exoopt for silo dovolopmont st3ndards 3S
st3tod in Ch3ptor 4 soction 4.02.00 Sito Dovolopment Dosian St3nd3rds),
unloss spocifiod otherwiso bolow. until tho VVhon an property m\'nor
3pplic3nt rocoives Mixod Uso Proioct (MUP) 3Pprov31 from tho BCC., in
tT tho BMUD NC Subdistrict 31101/.'s rosidontial and commorci31 (C 1
throuah C 3) usos if 3S part of a mixod use developmont 3pprovod .
Rosidonti31 zoned property in tho Noiahborhood Commorci31 Subdistriot
for, which tho undorlvina zonina is rosidontial. is 3110'lJod to h3\'O
commorci31 usos on Iv if it is part of 3n approvod mixod uso proiect
devolopmont.
DA. Dimensional Standards
Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict.
Design Standards
Minimum Sotbacks
Front Yard
Buildinge: oontaining oommorcial or ree:idontial UGOS aro required to a minimum
Front yard dopth of J5 feet from the frent seltback Ii no on all floors. The remaining dopth may
infill projoct bel ue:ed for parking. At five feet, 80 pelroont of tho structure mue:t bo locatod at tho
&. .. f~~"+ un~,.j ..:+h :.:
Front Yard 5 feet from the orooerty line to the buildina footorint.
Build-to-Line
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The Front
Build-to-Line
shall also
aooly to any
new buildinCls
or structures
in the C-1
throuah C-5
Zonina 1. Eiahty oercent of the structure must be located at the reauired Front Yard Build-
Districts which
underlay the to-Line: the remainina 20 percent must be behind the Front Yard Build-to-Line
BMUD within the ranae of 3 to 10 feet.
Neiahborhood 2. Buildinas containina commercial or residential uses are reauired to have a
Commercial
Subdistrict. minimum deoth of 35 feet from the Front Yard Build-to-Line sotback Iino on all
floors. The remainina depth of the lot may be used for parkina.
3. Buildinas which face Bayshore and intersectina side streets shall have the
same Front Yard Build-to-Line as the Front Yard Build-to-Line for Bayshore.
Minimum Setbacks
Side yards - abutting 15 feet
residential
Side yards - all other 5 feet
Rear yard 20 feet
Waterfront16++ 25 feet
BuildinQ Standards
Locations on B3vshore First floor 010v3tion 10'101 with the side\\'3Ik. Tho
first floor of tho buildinas must bo utilizod for
Gfive ~,
'Nhoro possible buildinQs fuoina B3vshoro Drivo
wr3P 3round the cornor as dopiotod on BMUD
FiQuro 1.
Building Design The buildinQ facades facinQ the intersectina east-
west streets with Bayshore shall have the same
architectural desiQn treatment as the buildinQ
facade facinQ Bayshore Drive,
Maximum Residential For tho rosidonti31 component 12 units per acre
Density
Maximum sauare footaQe A buildinQ with commercial use only is limited to a
maximum sauare footaae of 20 000 sauare feet.
Minimum Floor Area 700 square foot gross floor area for each building
on the Qround floor.
Buildina Heiaht of StOry 14 feet of buildina heiaht eauals one storv
Maximum height of structures
Properties developed in conformance with underlying C-4 and C-5 zoning
classifications are restricted to maximum building height per section 4.02.01 A.
Table 2.
'60utdoor seating areas, canal walkway, water management facilities, and landscaping area may be located within the required setback.
-I;t Te allew IRe mallim~m ~se Elf tRe '.'IIateFfIlilAI, new sen8trllstlen B~ilaiAO I3lasemeAI eA a IElt saA vary fFem the reEl~irea selBasl(s, "'Fllviaea s~sR
variatieA is fElSemmSAaBa BY tRe CRA staff aAatRB se~Aly aFElRilest ana al3l3FElVSa BY tRs Ce~Aty MaAaosr er assiOAes.
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Commercial use only
buildings 3 stories or 42 feet to buildinq eave or top of a flat
built-up roof. measured to abovo sidmvalk orado to
Maximum Actual Heioht of buildinq oavo. first finished floor elevation. by NFIP
Structure 56 Feet. standards. sidoW31k olovation. Parapets on flat roof
can be no more that 5 feet in heiqht.
Residential use only 3 stories or 42 feet to buildino eave or top of a flat
buildinqs built-up roof. measured to the first 3bovo sidowalk
or3do to buildino 03'10 floor elevation. by NFIP
Maximum Actual Heioht of standards. Parapets on flat roof can be no more
Structure 56 Feet. that 5 feet in heiqht.
4 stories or 56 feet to buildinq eave or top of a flat
Mixed-use buildinos built-up roof. measured abovo sidm'.lalk gr3do to
residential on top of buildino oavo to from the first finished floor
commercial uses elevation, by NFIP standards. Parapets on flat roof
shall be no more than 5 feet in heiqht. Onlv the
Maximum Actual Heiqht of first two floors shall be used for commercial uses.
structure 70 Feet. The first floor coiling hoight 3t tho sido'l.'3lk lovel
Sh311 bo no loss than 12 foot 3nd no more than 18
feot in hoight from tho finishod floor to the finishod
ceiling 3nd Sh311 bo limitod to commoroi31 usos
~
4 stories or 56 feet to buildino eave or top of a flat
Hotel/Motel built-up roof. measured from the first finished floor
elevation, by NFIP standards. Parapets on flat roof
Maximum Actual Heiqht of can be no more that 5 feet in heiqht.
structure 70 Feet.
Ceilinq Heioht
The first floor ceilino shall be no less than 12 feet
and no more than 18 feet in heioht from the
finished floor to the finished ceilinq and shall be
limited to commercial uses only.
B. Special Requirements for Accessory Uses,
1. Uses and structures that are accessory and incidental to the permitted
uses allowed within this subdistrict are allowed unless otherwise
prohibited in this subdistrict.
2. BMUD-NC land Proportios immediately adjacent to Haldeman Creek may
engage in boat rental operations.
3. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront (W)
Subdistricts, as indicated on BMUD Map No. 1 bolow, may construct a
dock provided the lots are under the same ownership as the adiacent
BMUD-NC or BMUD-W parcels. 3nd h3VO boon 3ppro'lod by tho County
Managor or designoo. A- site development plan shall be submitted to the
County Manager or designee and must succeed in qaininq approval.
C. The following regulations govern the outdoor display and sale of merchandise.
1. No automatic flood and drinking vending machines or public pay phones
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are permitted outside of any structure.
2. Newspaper vending machines will be limited to two machines per project
site.:. 3nd must be arohitecturally intogr3ted within the projoct sito.
3. Outdoor display and sale of merchandise, within front yards on improved
properties, are permitted subject to the following provisions:
a. The outdoor display/sale of merchandise is limited to the sale of
comparable merchandise sold on the premises.:. 3nd 3S indio3tod on
tho propriotors' occup3tion31liconso.
a. Tho outdoor disp13Y/S310 of morchandiso is pormittod on improvod
oommorci3l1y zonod proportios 3nd is subjeot to tho submission of 3
site dovelopmont plan that domonstratos th3t provision will bo m3do
to adoqu3toly 3ddross tho following:
i. Vohicular and podostri3n traffic s3foty m03suros.
ii. Location of s310/displny of morch3ndise in rol3tion to parking
3roas.
iii. Firo protootion m03sures.
iv. Limitod hours of oporation: from d3wn until dusk.
v. Morch3ndise must bo displ3yed in a vondorc3rt th3t
complements tho 3rchitoctur31 stylo of tho building th3t it is
3COOSSOry to.
vi. Vondor C3rtS locatod on sidoW31ks must 3fford 3 five (5) foot
cl03r3nco for non obstruotod podostri3n traffic.
ED. Parkina Standards.
1. Four (4) Three spaces per 1,000 square feet of floor area open to the
general public for commercial use.
2. Minimum two (2) one and one h31f (1.5) aRe parking spaces for each
residential unit.
3. Outdoor cafe aFeaS seatinq shall be exempt from parking calculations.
4. Accoss to tho off stroot p3rking f3cility must be from the IOC31 ~ street
unloss rostricted duo to lot sizo.
5. Should tho proporty owner devolop on stroot parking spacos on local
stroets within tho S3mo block of tho projoot sito, thon each sp3ce so
providod shall count 3S one sp3ce to).\'3rd the p3rking roquiromont of this
subsoction.
&:- 4. On-street parking on local streets excluding Bayshore Drive requires an
agreement with the county to use the public right-of-way for parking. Angle
or parallel parking (as depicted on BMUD Figure 21 (belm\') is permissible
based on the site development plan as approved by the pl3nning sorvioos
departmont County Manaoer or desionee and built to county standards.
The proporty ownor must 3greo to maint3in th3t portion of tho public right
of way whoro tho parking is loc3ted.
3~. Lots adjacent to the Neighborhood Commercial (NC) and Waterfront district
(W) Subdistricts, as indicated on BMUD Map No.1, may be used for off-
site street parking. The Accessory Parking Zone providod tho lots aro must
be under the same ownership or leqal control (i.e., lease or easement. etc) ,
and meet the standards of section 4.05.02 of this LDC and have a site
development plan boon approved by the County Manaoer or desionee. a
sito dovolopmont pl3n. Sh311 bo submittod to tho County Man3gor or
dosignoo.
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BMUD Fioure 1 - Typical Corner Lot Development and On-Street Parkina
(For illustrative purposes only)
<m
[ DELETE EXISTING GRAPHIC]
MUD FiQuro 2 Tvpic31 On stroet P3rkinQ
_C
c
[
ID3 IC3 lDl
\2
# c:;;:;;=:Ri
8. On stroot p3rking on B3yshoro Drivo Sh311 be m3do 3v3ilable to tho
proporty ownor on a first como first sorvo b3Sis at tho time of sito
devolopmont pl3n (SDP) or sito improvomont pl3n (SIP) 3pprov31 provided
tho parking does not interforo with tho on stroot biko bnos 3nd is looatod
within tho block in whioh tho block that tho proporty it servos is IOC3tod.
f!:. Construotion or ronovation of 3ny building must occur 'l.'ithin ninoty (90)
days of tho SDP or SIP 3pprO'l31 3nd bo complotod \vithin six (6) months
of commencement in ordor to socuro the on stroot p3rking Sp3COS. Duo to
circumst3ncos boyond the control of tho 3pplioant tho proporty o'lmor m3Y
requost 3n oxtonsion from tho County Man3gor or dosignoo. Thoso
Sp3COS must bo used to'll3rd the fulfillmont of tho parking roquiromonts sot
forth horoin.
~ Tho off sito parking roquiroments of soction 1.05.02 J. of tho LDC Sh311
apply. Vehicubr egross points may bo loc3tod on loc31 stroots opposito
residenti31 homes providod thoy are within tho B3yshoro Mixed Uso
Overby District.
4-h 2. Shared parking requirements shall be consistent with those provided in
subsection 4.05.02 of the LDC, except that the County Manager or designee can
approve or deny requests instead of the Zoning & Land Development Review
Director with review by the CDES Administrator Board of Zoning Appeals
or Planning Commission. Shared parking spaces may be separated by
Bayshore Drive provided the two properties are located within the BMUD.
FE. Design Standards For Awnings, Loading Docks, and Dumpsters
~ Rotrnot3ble awnings Sh311 bo oxompt from firo sprinklor roquiroments.
Fixod 3wnings undor 115 squaro f-oot Sh311 bo subjoct to sprinklor
roquiromonts but only from tho pot3blo W3tor supply without roquiremonts
for b3ckflov.' protootion.
2-o:L Loading docks and service areas shall not be allowed on tho frontago lino.
alonQ the street frontaQe.
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3-:-2. All dumpsters for new developments must be located in the rear yard of
the property, and not visible from Bayshore Drive.
G. I\rohitoctural St3nd3rds.
1. 1\11 buildings sh311 moot tho roquiromonts sot forth in sootion 5.05.08
unloss othorwiso specifiod bolo'N.
2. All buildings 3djaoont to B3yshore Drivo will havo tho prinGip31 podostri3n
ontr3noo fronting Bayshoro Drivo.
3. Thirty fi'y'o (35) porcont of tho buildings f303do th3t boos ,;MQng B3yshoro
Dri'.'o will bo olo3r gl3ss.
4. Cl03r glass '#indows with a tint of 25% or loss. botwoon tho hoight of hYQ
~throo (3) and SO'Jon (7) oight (8) feot 3bovo sido'.\'3Ik gr3do are
required on tho prim3ry faoado of tho first floor of any building,
5. /\ttaohod building 3wnings may onoroaoh ovor tho sotb3ok lino by a
m3ximum of fivo (5) foot.
6. Floroscont Neon colors shall not bo usod 3S aOGont oolors.
F. Landscapinq and Buffer Requirements
1. As required by section 4.06.00 of this Code, unless specified otherwise
below:
2. Buffers are required between BMUD-NC and BMUD-W Subdistricts and
contiouous BMUD-R1 throuqh R4 Residential Subdistricts, A minimum 10-
foot wide landscaped area shall be required. This area shall include: a (6)
six-foot hioh opaque masonry wall; a row of trees spaced no more than 25
feet on center; and a sinole row of shrubs at least 24 inches in heioht. and
3 feet on center at the time of plantinq. Landscapino shall be on the
commercial side of the wall.
3. A shared 10' wide landscape buffer with each adjacent property
contributino a minimum of 5 feet is required between BMUD-NC and
BMUD-W Subdistricts abuttino commercial zoned districts or abuttino
BMUD-NC or BMUD-W Subdistricts. However, the equivalent buffer area
square footaqe may be provided in the form of landscaped and
hardscaped courtyards. mini-plazas. outdoor eatino areas. and buildino
foundation plantino areas.
4. Buildino Foundation Plantino
The foundation plantino shall be a minimum of 50% of the qround floor
buildino perimeter measured in linear feet and an averaoe of five-feet (5)
wide. This area must be landscaped with trees and/or palm trees in the
amount of one tree or palm per 25 linear feet of buildino foundation
plantino perimeter; and with 3-oallon shrubs and 1-oallon around covers
other than orass. Trees and palm trees shall be planted in areas that are
a minimum of 8 feet wide. Palm trees. when used to meet these buildinq
foundation requirements. shall be counted as one palm is the equivalent of
one tree.
5. Water Manaoement Area
A minimum of 50% of the surface water manaqement area shall be
landscaped. Trees shall be provided at the rate of 1 tree per 250 square
feet. with the balance of the area landscaped with shrubs, qround covers
and ornamental orasses.
6. Parkino Perimeter
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SA
Parkinq lots and/or access drives abuttinq commercial property shall have
a shared 10 foot perimeter landscaped buffer, with each side contributinq
a minimum of 5 feet. This area shall include a row of trees spaced no
more than 30 feet on center.
7. Riaht-of-Way Buffers
External right-of-way's (ROW) adiacent to the Neiqhborhood Commercial
Subdistrict (NC) are not reauired to have ROW buffers.
a. The streetscape and landscapinq standards in the ROWs abuttinq
C-1 throuqh C-5 commercial. BMUD NC and BMUD W developments will
be based on Streetscape Desiqn Guidelines to be prepared by the
Bayshore / Gateway Trianqle CRA Advisory Board and the Bayshore
Avalon Beautification MSTU.
8. Streetwalls
Streetwalls shall be used when surface parkinq lots abut the riaht-of-way
of Bayshore Drive, Van Buren Avenue and Thomasson Drive.
a. The wall shall be constructed of the same materials as the primary
buildinas and be 3 to 4 feet in heiqht. and shall have a 12 inch
proiection or recess a minimum of every 10 to 15 feet.
The"streetwall" can be a combination of "wall" and metal "fence"
materials. The street side of the "streetwall" shall have trees at 30
feet on center and shrubs least 24 inches in heiaht and spaced 3
feet on center at the time of plantinq, with qround covers other than
qrass in a minimum 5 foot wide strip. No Streetwall is reauired if
all of the parkinq is located in rear of development.
b. No two streetwalls shall adioin on a common property line.
c. The streetwall shall be set back the appropriate distance from the
front yard setback line in order to meet County standards for Site
Distance Trianqles (Section 4.06.01, D.1.) for earess from parking
lots.
9. These landscapina and buffer reauirements shall apply to all new
buildinas in the BMUD Neiqhborhood Commercial (NC) and Waterfront
(W) subdistricts and C-1 throuqh C-5 zonina districts.
Side Parking Lot with Streetwall
G. Architectural st3nd3rds Desiqn Theme.
The "Florida Cracker" architectural theme is encouraqed for any new
developments or existina buildinq rehabilitation or renovation in the C-1 throuqh
C-5 zonina districts which underlay the BMUD Neiqhborhood Commercial (NC)
and Waterfront (W) Subdistricts. If the suqqested architectural desiqn theme is
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used then the elements of the buildinas should reflect the architectural vernacular
of the "Florida Cracker" style.
BMUD Fiaure 3: "Old Florida" or "Florida Cracker" Vernacular (For illustrative
purposes only)
1. All buildings shall meet the requirements set forth in section 5.05.08
unless otherwise specified below.
2. Reaardless of the architectural theme chosen. the followina desian
elements are reauired.
a. Hip or aable buildina roofs shall be metal seam ( 5v Crimp.
standina seam or similar desian)
b. Windows with vertical orientation and the appearance of divided
alass trim.
c. Facade wall buildina materials shall be of wood. stucco finish or
cement board products.
2d. All buildinas adjacent to Bayshore Drive shall have the principal
pedestrian entrance frontina Bayshore Drive.
3e. Thirty-five (35) percent of the buildinas facade th3t f3cos alona
Bayshore Drive will be clear alass.
4f. Clear alass windows with a tint of 25% or less, between the height
of two (2) throo (3) and seven (7) oight (8) feet above sidewalk
arade are reauired on the primary facade of the first floor of any
buildina.
Sa. Attached buildina awninas may encroach over the setback line by a
maximum of five (5) feet.
6h. Florescent NeaR colors shall not be used 3S accont colors.
H. Sians. As reauired by division 5,06.00 unless specified below:
1. One "sandwich sian" is allowed per business establishment as lona as it's
base is no more than 30 inches and a maximum heiaht of 42 inches.
I. Specific Standards for Bed And Breakfast Lodaina as a Conditional Use.
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1. Minimum number of quest rooms or suites is two (2) with a maximum
number of six (6). Guest occupancy is limited to a maximum stay of thirty
(30) days. The minimum size of bedrooms for quest occupancy shall be
100 square feet.
2. No cookinq facilities shall be allowed in quest rooms.
3. Separate toilet facilities for the exclusive use of auests must be provided.
At least one (1) bathroom for each two (2) questrooms shall be provided.
4. All automobile parkinq areas shall be provided on site, based upon a
minimum of two (2) spaces plus one (1) space for each bedroom. All
other applicable provisions of this LDC relative to parkinq facilities shall
applv.
5. One (1) sign with a maximum siqn area of four (4) square feet containina
only the name of the proprietor or name of the residence. Sian letterinq
shall be limited to two (2) inches in heiqht and shall not be illuminated.
6. An on-site manaqer is required.
SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.17 Same- Development in
the BMUD Waterfront Subdistrict
Section 4.02.17 Same-Development in the BMUD Waterfront Subdistrict, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to
read as follows:
4.02.17 Same Desian Standards for Development in the BMUD - Waterfront
Subdistrict
A. Purpose Desiqn Standards for the Subdistrict are the same as those set forth for
the BMUD Neiqhborhood Commercial Subdistrict. unless set forth below.
Development in this subdistrict is encouraaed to be a mix of restaurant and retail
uses while allowinq for limited marina uses,
A. B. Special conditions for Marinas:
1. Repair and ~ storage areas shall not be visible from the tooat street.
2. Boats available for rental purposes shall be located in the water or
proporly screened with a fence or wall from the local side streets
ro3dw3Ys and not visible from Bayshore Drive.
3. All boat racks shall be enclosed,", with a wall or fence. The fence material
can be wood, vinyl composite, concrete block with stucco finish or metal or
a combination. No chain link fence is allowed.
4. Height of structures may be increased to a maximum actual height of fifty
(50) feet by the Board of Zoning Appeals (BZA) upon approval of a
variance petition. Tho BZA, in 3ddition to tho findings in Chapter 9, Sh311
considor whother or not the literal interpretation of tho provisions of this
LDC imposos 3 fin3nci31 hardship on tho 3pplic3nt.
5. Outdoor displays of--AeW boats for sale on properties fronting Bayshore
Drive shall be limited to the following:
a. All areas used for RaW boat sates display activities shall occupy no
more than thirty-five (35) percent of the linear frontage of the
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property.
b. All b03t s310 3ctivitios aro limitod to now b03t sales.
&:b. All RaW boat sale areas shall not be closer to the frontage line than
the primary building they serve.:. unloss it is other\\'ise
rocommonded for 3POrov31 reviewod 3nd commented upon bv tho
CR/\ Loc31 Advisory Board st3ff 3nd Sh311 bo 3dministr3tively
3pprovod by tho County M3n3gor or designoo.
Ehc. All RaW boats located within an outdoor sale~ area shall not exceed
the height of seventeen (17) feet above existing grade.
e-:-d. Outdoor sales areas shall be connected to the parking area and
primary structure by a pedestrian walkway.
he. An additional 10 foot landscape buffer is required around the
perimeter of the outdoor boat sales area. This buffer must include,
at a minimum fourteen (14)-foot high trees, spaced at thirty (30)
feet on center and a three (3)-foot high double row hedge spaced at
three feet on center at the time of planting.
6. Outdoor displays of boats on properties fronting Haldeman Creek shall be
limited to the following:
a. All areas used for boat sales shall utilize no more than fifty (50)
percent of the linear frontage of the property.
b. All RaW boat sale areas shall not be closer to the frontage line than
the primary building they serve. unloss it is othor\...iso recommondod
f{)r 3pproval roviewod ::md commontod on by tho CRA Loo31 Advisory
B03rd st3ff 3nd Sh311 bo administratively 3pprovod by tho County
M3n3gor or dosignoo.
c. All boats located within outdoor sales areas shall not exceed a height
of thirty-five (35) feet above the existing grade, Sailboat masts are
exempt from this limitation.
d. Outdoor sales areas shall be connected to the parking area and
primary structure by a pedestrian walkway.
e. An additional landscape 10 foot buffer is required around the
perimeter of the outdoor sales area. This buffer must include, at
minimum fourteen (14) foot high trees, spaced at thirty (30) feet on
center and a three (3)-foot high double row hedge spaced at three (3)
feet on center at the time of planting.
7. One (1) parking space per five (5) dry boat storage spaces.
8. On-site traffic circulation system shall be provided that will accommodate
areas for the loading and unloading of equipment that will not encroach
.!:!Qon residential developments.
SUBSECTION 3.M. AMENDMENTS TO SECTION 4.02.18 Same-Development in the
BMUD Residential Subdistrict (R1)
Section 4.02.18 Same Development in the BMUD Residential Subdistrict (R1), of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
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4.02.18 Same Desian Standards for Development in the BMUD - Residential
Subdistrict (R1)
Subdistrict desion standards encouraae the development of a variety of housina
types which are compatible with existino neiahborhoods and allow for buildina
additions such as front porches. In new development the purpose is to
encouraoe a traditional neiahborhood desian pattern. The intent is to create a
row of residential units with uniform front yard setbacks and access to the street.
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A. Dimensional and Design Standards
Table 12. Design Standards in the BMUD Residential Subdistrict R1.
Desiqn Standards
Maximum Density: 12 units por 3cre Density allowed for underlyinQ zoninQ
pursuant to the Densitv Ratina System: unless affordable housinQ density
bonuses are aranted.
Minimum Lot Width (feet)
Single-family aM 50 feet
Two-family/Duplex 50 feet
T own houses 25 feet
Multi-family 1 00 feet
Minimum Setbacks
Min. Front Yard Min. Side Yard Min. Rear
At Yard
(feet)
One sinale (singlo) 1 0 feet:; 7.5 feet unloss 15
family detached dwolling abutting commercial
dwellinQ unit ..L..__ ~ .c__..
,
Two family / Duplex 1 0 feet:; 5 feet unloss 3butting 15
dwelling units single bmily unit, thon
7.5 foot
Townhouse 1 0 feet:; o feet when abutting 15
another townhouse, if
not then the same
standards as a two
family dwellinQ unit
Multi-family (three or 1 0 feet:; 5 feet unless abutting 15
more) dwelling units single family unit, then
7.5 feet
BuildinQ Standards
Minimum Floor Area 750 squaro foot por unit
SinQle-family 1500 sauare feet per
unit
Two-familv/Duplex 1000sauare feet
per unit
Townhouses 1000 sauare feet per
unit
Multi-family 750 sauare feet per unit
M3ximum 3 habitable floors or 4Q 42 feet to
Height of Principal Struoturos building eave or top of a flat built-up
Maximum Actual Heiaht of Principal roof. measured from the first
Structures 56 Feet habitable floor elevation. by NFIP
standards. Parapets on flat roof can
be no more that 5 feet in heiQht.
Maximum Height of Accessory Screen Same as principal structure, not to
Enclosures exceed 35 feet
Maximum height of all other accessory ~ 26 feet, but in no case hiQher that
structures the main buildina.
Parking Standards
All usos 1 Sp3CO por d'Nolling unit.
Parkina standards ParkinQ standards as reauired by
sections 4.05.02 and 4.05.03 of this
Code.
* Sh311 bo ton foot from tho proporty lino to tho building f-ootprint.
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B. Specific Design Requirements
1. Thoro Sh311 bo no visiblo parking aroa from tho frontago ro3d.
ParkinQ areas shall not be visible from Bayshore Drive.
2. Buildings and their elements shall adhere to the following:
!:. Street-facinQ facades of multi-familv 8huildings shall be divided using
articulation and/or modulation at least every sixty (60) oighty (80)
feet facade modulation is stepping back or extending forward a
portion of the facade at least five (5) ~ ~ feet measured
perpendicular to the front facade for each interval. Articulation
includes porches, balconies, bay windows and/or covered entries.
b. The primary rosidonoo entrance shall be oriented to the street.
Orientation is achieved by the provision of a front facade including
an entry door that faces the street.
~ On corner lots, both street facades of a building shall have
complementary details; in particular, building materials and color,
rooflines and shapes, window proportions and spacing, and door
placement.
d. All mechanical equipment must be screened with a throo (3) foot high
hodgo sp3cod throo (3) foot on contor or 3n opaque fence or wall at
a aAy heiQht which is ~ 18 inches above the top of the
equipment. to complotoly screon the mech3nic31 equipmont.
e. Stom w311 construction is roquirod, no monolithic construction is
3I1m\'od.
.!: LandscapinQ and buffer requirements for new residential
development as required by section 4.06.00 of this Code.
BMUD Fiaure 4- Tvoical Front Elevation. Residential Develooment (For illustrative
purposes onlv)
JDmL
S/nf118 FIImIly _ TMl story
~Femi/y_
TlMl FomIy / Duple" /1\00 story
1\00 FamNyI ~
Townhouft: SIngIo F.",JIy AI/JII;hed
Ape_ Mull#'1IIrr/Iy
3. Buildings shall adhere to the following elevation requirements:
a. The first habitable floor at the street facade may not be greater than
one (1) foot three (3) feet over the minimum first floor elevation
designated in the National Flood Insurance Program (NFIP) Flood
Insurance Rate Map. by tho Fodor31 Emorgency management
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.'\goncy (FEMA). ^ m3ximum of forty (40) porcont of tho first
h3bit3blo floor m3Y bo gro3ter than one (1) f-oot over tho FEM^
dosign3ted minimum first floor olev3tion.
b. A maximum of two feet of fill shall be allowed on site towards
meetina NFIP requirements. Additional NFIP finished habitable
floor heiqht requirements shall be accomplished throuqh stem wall
construction. Stem walls shall be finished in material and color
complimentary to the main structure.
c. Open stilt-type construction is not permitted. On front yards, the
foundation area below the first floor must be treated with a solid
facade or lattice which is consistent with the architectural style of
the building.
g. The garage floor shall not exceed twenty-four (24) inches above the
elevation of the_right of ':I3Y crown of road from which it is
accessed.
4. Front porches tAat shall adhere to the following':"~ st3nd3rds m3Y oncro3ch
sevon (7) foot into tho front yard setback if the structuro is IOC3tod on tho
Minimum Front Y3rd Sotb3ck (10 foot) with 3n 3ddition31 throo (3) foot
oncro3chmont 3110'A/3blo for ontry st3irs.
a. Front porches may encroach seven (7) feet into the front yard
setback if the structure is located on the Minimum Front Yard
Setback (10 feet) with an additional three (3)-foot encroachment
allowable for entry stairs.
BMUD Fiaure 5: Front Porches (For illustrative purposes only)
Porch.. _n enoroech 1 ".
T IntDFromYn8etMdl
"...
MlnlrmlmP'rvntYn
-
99
dJdJ
.-.
p,-
Porches 40% of
Front Fae.de
-
ab. Front porches must cover a minimum of forty (40) percent of the
horizontal length of the front yard facade of the primary
residence.
aCt Front porch design and material shall be consistent with the
architectural design and construction material of the primary
residence.
ed. Front porches shall not bo 3ir oonditioned nor onolosed with gl3ss,
Goroon, or othor m3tori31. Front porches shall not be air-conditioned
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nor enclosed with glass, soroon plastic, or other materials.
Screenina the porch is allowed as lona as the moldinas that hold
the screen material matches the material and desian character of
the structure.
de. Front S--~econd-story porches are encouraged, but no enclosed
room is permitted above the front porch.
5. Garages and driveways.
3. Tho ro3r sotb3ck m3Y bo roduoed to ton (10) foot if 3 front 3000SS
g3r3go is oonstructed on tho rom of the rosidonoo.
tha. Garage doors shall have a maximum width of sixteen (16) feet.
c. Only one drivo'N3Y is 3110wod por fifty (50) line3r foot of front
property line. Tho drivow3Y sh311 h3VO 3 maximum width of oightoon
(18) foot in tho right of W3Y 3rS3.
4b. The driveway shall have a maximum width of eiahteen (18) feet in
the riqht of way area. Other than the permitted driveway, the front
yard may not be paved or otherwise used to accommodate parkina.
o. Garagos sh311 bo rooossed 3 minimum of throo (3) foot bohind tho
front f303do of tho prim3ry rosidonco.
BMUD Fiaure 6: Garaae Driveway (For illustrative purposes only)
0Ilnlgtl
It
1:1
i
Sld~k
f No c3rports are pormittod.
C. No freestandina carports are permitted. Carports and porte-cochere
must be attached to the main structure and of similar materials
and desian as the main structure.
d. The distance from the back of the sidewalk to the aaraae door must
be at least 23 feet to allow room to park a vehicle on the driveway
without parkina over the sidewalk. Should the aaraae be side-
loaded there must be at least a 23-foot paved area on a
perpendicular plane to the aaraqe door or plans must ensure that
Page 70 of 102
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parked vehicles will not interfere with pedestrian traffic.
Page 71 of 102
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BMUD Fiaure: 7 Porte-cochere (For illustrative purposes only)
~ Accessory Unit
An accessory unit is a separate structure located 3t tho r03r of on the property
and related to the primary residence (sinole-family detached only) for uses which
include, but are not limited to: blibrary, studio, workshop, playroom, screen
enclosure. qaraoe. swimming pool or ouesthouse guost qU3rtors. O'lmorship of
3n 3ccoSSOry unit Sh311 not bo transforred indopondontly of tho primary
rosidonco.
a. Ownership of an accessory unit shall not be transferred independently of
the primary residence.
a.b. Only one (1) accessory unit of each type is permitted per principal
structure.
fhC. The maximum area of an accessory unit is 550 square feet, limited to one
(1) habitable floor.
G:-d. The accessory unit may be above a garage or may be connected to the
primary residence by an enclosed breezeway or corridor not to exceed
eight (8) feet in width.
€he. The maximum height of a structure containing a guesthouse i:IRi.t over a
garage is limited to a maximum of fiftoon (15) twenty (20) feet, measured
from the level of graded lot to the eave, and with a maximum ovorall actual
building height of twenty-six few (26) ~ feet to the top of the roof. A
struoture oontaining only 3 guost unit is limited to one (1) story 3nd ten
(10) foot, m03surod from the FEMA firGt h3bitable floor hoight
requiromont to tho 03',,10, '.'.lith 3 m3ximum ovor311 building hoight of sixtoon
(16) feet to tho top of tho roof.
t. A structure containinq only a ouest unit must meet the NFIP first habitable
floor hoight elevation requirement. The maximum actual buildino heioht
Page 72 of 102
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shall not exceed twenty-six (26) feet to the top of the roof.
o For purposos of c31cul3ting donsity, 3n 3CCOSSOry unit will count as one
half (%) 3 d\\'olling ~
Table 13: Setbacks for Accessory Buildinas and Structures
Buildinc I Structure Front Rear Side
Librarv SPS* 1 0 feet SPS*
Studio SPS* 1 0 feet SPS*
WorkshoD SPS* 15 feet SPS*
Swimmina Dool and/or screen enclosure SPS* 1 0 feet SPS*
Plavroom SPS* 1 0 feet SPS*
Garaae SPS* 10 feet SPS*
Garaae Guesthouse above SPS* 15 Feet SPS*
Guesthouse SPS* 15 Feet SPS*
*SPS - Same as principal structure
7. Fencing forward of the primary facade of the structure is permitted subject to the
following conditions:
a. The fence shall €tees not exceed 42 inches f-our (4) feet in height.
b. The fence shall have an opacity ranae of 18% to 50% is not op3quo but
providos 3n opon viow
c. Chain link fence is prohibited.
d. The fence material shall be wood, vinyl, composite, stucco block or metal
ifaR.
&;- II.. m3sonry w311 is pormitted 3nd shall not oxcood throo (3) foot in hoight.
f:. Foncing 3nd w311s must arohitoctur311y complomont tho primary struoture.
3S dotorminod by tho County Man3gor or dosignoo.
BMUD Fiaure 8- Permitted Tvoical Fencina (For illustrative purposes only)
C. Spocific st3nd3rds for bod 3nd breakf3st lodging 3S 3 condition31 uso:
1. 1\ site dovolopmont pl3n pursuant to Chapter 10.
2. Minimum numbor of guost rooms or suitos is two (2) with 3 maximum
number of six (6). Guost oocupancy is limitod to a m3ximum St3Y of thirty
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(30) d3YS. Tho minimum sizo of bodrooms for guost oocupanoy shall bo
100 squ3ro foot.
3. No cooking faoilitios Sh311 bo 3110wod in guost rooms.
4. Sopar3to toilot facilitios for tho exclusivo usa of guosts must bo providod.
At 103st one (1) b3throom for o3ch two (2) guostrooms Sh311 bo providod.
5. :'\11 3utomobilo parking 3reas shall be providod on sito b3sod upon a
minimum of two (2) Sp3COS plus one (1) Sp3CO for o3ch 1\'10 (2) bodrooms.
:'\11 other applioablo provisions of this LDC relative to p3rking faoilitios Sh311
3pply.
6. One (1) sign with a maximum sign aroa of four (4) squ3re foot oontaining
only tho namo of tho propriotor or name of tho rosidonoo. sign lottering
sh311 bo limitod to t\\'o (2) inohos in hoight 3nd Sh311 not bo illuminatod.
7. An on site m3n3gor is roquired.
8. Tho f3cility Sh311 comply v..ith all businoss licenso, cortifioations, and hoalth
13't.'S of Collior County 3nd tho Stato of Florid3.
SUBSECTION 3.N. AMENDMENTS TO SECTION 4.02.19 Same-Development in the
BMUD Residential Subdistrict (R2)
Section 4.02.19 Same-Development in the BMUD Residential Subdistrict (R2), of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
4.02.19 SameDesian Standards for Development in the BMUD--Residential
Subdistrict (R2)
A. Tho purposo of this Subdistriot is to oncour3ao the dovolopmont of multi
family residonoos as transition31 usos botwoen commoroial 3nd sinalo family
dovelopment.
A.S. Desian DO'lolopment Standards for the subdistrict are the same as those
set forth for tRe Residential sSubdistrict 1, unless set f-orth specified below.
Table ~14. Setback Standards for BMUD Residential Subdistrict (R2)
Setbacks Min. Front Yard Min. Side Yard Min. Rear Yard
At/!.
One (Single) 25 feet~ 7.5 feet 15 feet
Family Detached
Dwellina Units
Two Family L 25 feet~ 6 feet unless 15 feet
Duplex Dwelling abutting single
Units family unit, then
7.5 feet
Townhouse 25 feet~ 6 feet unless 15 feet
abutting single
family unit, then
7.5 feet
Multi- Family 25 feet~ 6 feet unless 15 feet
(Three or more) abutting single
Dwelling Units family unit, then
7.5 feet
*Sh311 bo 25 foot from tho proportv Ii no to tho buildina footprint.
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SUBSECTION 3.0. AMENDMENTS TO SECTION 4.02.20 Same-Development in the
BMUD Residential Subdistrict (R3)
Section 4.02.20 Same-Development in the BMUD Residential Subdistrict (R3), of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
4.02.20 Same Desian Standards for Development in the BMUD--Residential
Subdistrict (R3)
A. Tho purposo of this .fu!Qdistrict is to 3110'.*1 fur tho do'.<olopmont of mobilo
homo, modular homo, townhousos and singlo family residonoos. All now
developmont in this Subdistriot shall bo comp3tiblo with the building
p3ttorns 3nd fac3de 3rticu13tion of tr3dition31 noighborhood dosign. Tho
intont is to or03to 3 row of residontial units with consistont front Y3rd
sotb3cks 3nd 3ccess to tho stroot. Development standards for this
subdistrict are the same as those set forth for the Residential Subdistrict 1,
unless set forth below.
B. Minimum Lot Width
1 Single-family detached 140 feet I
Modular homos -40 foot
Townhouses 25 feet
Mobilo homos 40 foot
C. Yard Requirements.
Front Yard At Minimum Side Minimum Rear
Yard Yard
One (Single) 1 0 feet* 5 feet 8 feet Modul3r
Family Detached D'oVolling Units
Dwellinq Units
Modul3r DIf.'olling 10 foot a-feet 8 foot
YMs
Townhouse 1 0 feet* o feet when 8 feet
abutting another
townhouse, if not
then 5 feet.
Mobilo Homos 1 0 foot* a-feet 8 foot
* Shall be 10 feet from the property line to the outer wall of the buildinq footprint.
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SA
SUBSECTION 3.P. AMENDMENTS TO SECTION 4.02.21 Same-Development in the
BMUD Residential Neighborhood Commercial Subdistrict
(RNC)
Section 4.02.21 Same-Development in the BMUD Residential Neighborhood
Commercial Subdistrict (RNC), of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.02.21 Same De',elopment in the 8MUD Residential Neighborhood eommeroial
Subdistrict (RNe)
A. Homo occup3tion in sootion 5.02.00 of tho LDC, shall 3pply unloss
specified othen':iso below. dovelopmont st3nd3rds for the subdistriot aro
tho S3mo 3S thoso sot forth f-or the rosidonti31 subdistrict 2, unloss
othervJiso sot f-orth below.
B. Tho homo oocup3tions permittod include: Accounting (8721), 3uditing and
bookkeoping sorvicos (8721), b3rbor shops 3nd b03uty s310ns (7231
oxoept b03uty oulturo schools, cosmotology schools, or b3rbor oollogos),
ongineor or 3rchitectural sorvices (8713, 8712, 8711), insuranoe agonts
3nd brokers (6411), IOg31 sorvicos (8111), 3nd roal estate agonts (6531
oxcept mobilo home brokers, on sito; housing authorities, opor3ting).
C. The homo occup3tion shall bo c103rly incidontal to 3nd secondary to tho
uso of the d'lJolling for rosidenti31 purposos 3nd Sh311 not ch3ngo tho
ch3racter of the dwelling unit. Tho following conditions Sh311 be mot:
1. Thoro Sh311 bo 3 minimum of one (1) rosidonti31 dwolling unit.
2. Tho rosidont of tho home Sh311 bo tho ownor 3nd opor3tor of the
homo oooup3tion.
3. Tho homo occup3tion Sh311 not occupy moro than (thirty) 30 porcent
of tho prim3ry residonti31 structuro.
4. Tho homo oocup3tion Sh311 not employ moro th3n two (2)
omployoos 3t 3ny givon timo.
5. Ono (1) '..:311 sign Sh311 be pormittod providod it doos not oxcood six
(6) SqU3ro foet in 3ro3, 3nd Sh311 not projoct moro th3n four (4) foot
from the building on v:hich tho sign is 3ttached.
6. /\ tot31 of h\'o (2) parking Sp3COS Sh311 bo pro'tidod for clionts or
customors. Two (2) additional p3rking Sp3COS Sh311 be providod for
omployoos, if 3ny. Tho required parking 3roa or aro3s Sh311 not be
located in tho front Y3rd of tho residence.
7. P3rking aro3s Sh311 consist of a dust free surface such 3S: Mulch,
shell, or 3sphalt. l\ single rO\".' hodgo 3t loast t'..:onty four (24)
inch os in hoight 3t tho timo of planting Sh311 bo roquirod 3round 311
p3rking 3re3S.
8. Thoro Sh311 bo no 3dditional drivoway to sorvo suoh home
occup3tion.
9. Thoro sh311 not bo outdoor stor3go of m3tori31s or oquipmont used
or 3ssoci3ted v:ith the homo oooup3tion.
4.02.21 Desian Standards for Develooment in the BMUD--Residential Subdistrict
(R4)
A. Development standards for the Residential Subdistrict R4 are the same as
those set forth for the Residential Subdistrict R2, except only sinale-family
uses are permitted.
SUBSECTION 3.Q. ADDITION OF SECTION 4.02.35 Design Standards for
Development in the GTMUD-Mixed use Subdistrict (MXD)
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Section 4.02.35 Design Standards for Development in the GTMUD-Mixed use
Subdistrict (MXD), of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE
SUBDISTRICT (MXD)
A. Dimensional Standards
Table 1. Desian Standards for the GTMUD Mixed Use Subdistrict
Desion Standards Mixed Use Subdistrict
Front Streetscape Zone Davis Boulevard. US 41. Airport-Pullino Road
and Commercial Drive
16 Feet
Measured from back of curb to If no curb exists as on Commercial Drive the
Front Build-to-Line. which includes Front Streetscape Zone shall be 6.5 Feet from
existino sidewalk area See GTMUD the Front Property line.
Fioure 1
The Front Streetscape Zone shall also applv
to any new buildinas or structures in the C-
1 throuah C-5; Zonina Districts which under
lay the GTMUD Mixed Use Subdistrict.
Steps. and or ramps may encroach in to the
Streetscape Zone but no more than 3 feet.
Front Yard Build-to-Line Sixteen feet measured from back of curb. If no
curb exists as on Commercial Drive the Front
Yard Build-to-Line shall be 6.5 Feet from the
front property line.
.L The Front Yard Build-to-Line shall mean
The Front Yard Build-to-Line shall that line to which a buildina facade must
apply to any new buildinas or be built. not a minimum distance.
structures in the C-1 throuah C-5
Zonina Districts which under lay the 2. A minimum of 70 percent of the buildina's
GTMUD Mixed Use Subdistrict. front facade shall be placed on the Front
Yard Build-to-Line. The additional Front
Facade has to be recessed a minimum of
3 feet from the Front Yard Build-to-Line.
~ A minimum 10 feet Step-Back from the
Front Build-to-Line is reauired at the third
floor and above.
Other Streets in Mixed Use Subdistrict
Page 77 of 102
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Front Yard Build-to-Line At the Front Property Line.
.L The Front Build-to-Line shall mean that
line to which a buildinq facade must be
The Front Yard Build-to-Line shall built. not a minimum distance.
apply to any new buildinas or
structures in the C-1 throuah C-5 2. A minimum of 70 percent of the buildinq's
Zonina Districts which under lay the front facade at the around level shall be
GTMUD Mixed Use Subdistrict. placed on the Front Yard Build-to-Line.
The additional Front Facade must be
recessed a minimum if 3 feet from the
Front Yard Build-to-Line.
3. A minimum 10 feet Step-Back from the
Front Yard Build-to-Line is required at the
third floor and above.
Minimum Setbacks
Side yards - abuttina residential 1 0 feet
Side yards - all other o or 10 feet minimum
Rear yard 0-5 feet
Waterfront 1 tl. 'l-Y 25 feet setback
Minimum Buildinq Separation o or 10 Feet
Maximum Residential Densitv .L For a mixed use proiect. 12 units per acre
in the "Mini Trianqle" defined bv US 41
East. Davis Boulevard and Commercial
Drive. These bonus density units are not
deducted from the Bonus Density Pool.
b For a mixed use proiect. 12 units per acre
to include all areas of the Mixed Use
Subdistrict except:
. North side of Davis Boulevard
. East side of Airport-Pulling Road
For these excepted areas. three units per
acre. or as may be allowed by a rezonina
pursuant to the Future Land Use Element.
3. Residential only proiects (not part of a
mixed use development). per the
underlyina zonina district. or as may be
allowed by a rezoning pursuant to the
Future Land Use Element.
Minimum Floor Area 700 square foot qross floor area for each
buildina on the around floor.
Minimum Lot Area 80.000 Square feet
Minimum Lot Width 400 feet
18 Outdoors seatin!! areas. canal walkwav. water management facilities. and landscaping area may be located within the reauired setback.
.w To alia,^, tAe maxim!,lFR !,lse of the waterfront. new oonstruotion l3uildina olaoement on a lot onn vary from the real:liraa setbasl<s.
OrQViege Sl;lSt-1 '/aFiatiElA is aeer-o'/ed 13... the COl:lntv
Page 78 of 102
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Buildina Footprint A buildina with only commercial use is limited
to a maximum buildina footprint of 20.000
sauare feet.. except in Mini Trianale maximum
limit is 30.000 sauare feet.
Buildina Heiaht of StOry 14 feet of buildina heiaht eauals one story
Maximum Heiaht of Structures
Properties developed in conformance with underlying C-4 and C-5 zoning
classifications are restricted to maximum building height per section 4.02.01 A.
Table 2.
Commercial Use Only Buildinos 3 stories or 42 feet to bottom of buildina eave
Maximum Actual Heiaht of or top of a flat built-up roof, measured to first
Structures = 56 Feet. finished floor elevation. by NFIP standards.
Parapets on flat roof can be no more that 5
feet in heiaht.
Residential Use Only Buildinas
Maximum Actual Heiaht of 3 stories or 42 feet or 4 stories or 56 feet if
Structures = 56 Feet. frontina on US 41 , measured to buildina eave
or top of a flat built-up roof. measured from
the first floor elevation. by NFIP standards.
Parapets on flat roof can be no more that 5
Mixed-Use feet in heiaht.
Residential over Commercial Use
Buildinos 4 stories or 56 feet measured to buildina eave
Maximum Actual Heiaht of or top of a flat built-up roof. measured to first
Structures = 70 Feet. finished floor elevation. by NFIP standards.
Parapets on flat roof can be no more that 5
feet in height.
Hotel/Motel
Maximum Actual Heiaht of
Structures = 70 Feet.
4 stories or 56 feet measured to buildina eave
or top of a flat built-up roof, measured to first
"Mini Trianale" Mixed Use Proiect finished floor elevation. by NFIP standards-;-
Maximum Actual Heiaht of Parapets on flat roof can be no more that 5
Structures = 126 Feet. feet in heioht.
8 stories or 112 feet to buildina eave or top of
a flat built-up roof. measured to first finished
floor elevation. by NFIP standards. Parapets
on flat roof can be no more that 5 feet in
heiaht.
Mixed Use Building Uses Only first two floors can be used for
commercial uses.
Ceilina Heiaht
The first floor ceilina heiaht shall be no less
than 12 feet and no more than 18 feet in
heiaht for commercial uses from the finished
floor to the finished ceilina and shall be limited
to commercial uses only.
B. Reaulations For Outdoor Display And Sale Of Merchandise.
1. No automatic food and/or drink vendina machines or public pay
phones are permitted outside of any structure.
Page 79 of 102
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2. Newspaper vendinq machines will be limited to two machines per
project site which can be individual buildinq or a multiple buildinq
development.
3. Outdoors display and sale of merchandise, within front yards on
improved properties, are permitted subiect to the followina
provisions:
4. The outdoor display/sale of merchandise is limited to the sale of
comparable merchandise sold on the premises.
Page 80 of 102
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8A
GTMUD Fiaure 1 - Front Setback Zone Davis Boulevard. US 41. Airoort-Pullina
Road and Commercial Drive (For illustrative purposes only)
Front Setback Zone
Mixed U.e Subd~ttict
and C-1 through C-5
Commercial Zon/IIQ
D/.",_
Front Setbrlck Zone
Mixed Use Subdl$""ct
and C-1 through C-5
Commercial Zoning
Di.",_
C~~
"~................~J
,~~~,
1! I I i
a I I
'l! I I
1 +/.6'./r I ....IOFT I
- -,- i
Zone ZQtNJ I ~
-----"----J. I
"""" 50_ z.n.: 16Fo"
~S j
J .... UR
;"',.-
z' Zone
Ii'
__z._,.,...,
i i
;. un l>
-..... ,
-- i
Davis Boulevard, US 41
and Airport-Pulling Road
Commercial Drive
GTMUD Fiaure 2 - Desian Guidelines: Streetscaoe Zones Davis Boulevard. US 41.
Airoort-Pullina Road and Commercial Drive (For illustrative purposes only specific
Desiqn Guidelines will prepared by Bayshore / Gateway Triangle CRA Advisory Board)
25RI036R
-.""'....-E.IoI01f1
~_..~
~a
if
HI
8==8
Page 81 of 102
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8A
GTMUD Fiaure 3 - 3 StOry Buildina Heiaht. Steo Back. Proiections. and Recesses
(For illustrative purposes only)
P8r8pet I7IfIJdmum " filet 8bov8 Rrd
Bottom of Eel/ll LIne or Top of BuIlt-up Roof 1
~
10 Feet Minimum RNldentieI Use Only I
stfIp-Bedc thlm I
Front Y81d '"
Bulld-Io-LIne I ~
3/!i stoIy end
AbcMJ I
i
Mexlmum Height: 42 Ft l!!. I
eomm.n3IUn or ~ l
ReeldenlJ&l U.. BuI/dIngIJ ~ l8
Only I t
I
..
Mixed Use SubdlstrlcU Residential
above Commercial or Residential
Only Fronting on US 41:
3 Stories
Maximum Actual Height: 56 Feet
Mini Triangle Mixed Use
8 Stories
Maximum Actual Height: 126 Feet
Commercial Zoning Districts
Heights according to cUlT8nt LDC
, '.~@~~:
I ",..,'~ ,,;,.
'.!iNl,:\,/
~ J~;! 1\;\ 6 Feet
(
il)~. on Allowed
lilrA~
, PenopIeI, end
, BfJIcoIIJM:
';Ii Feet I.IuImum
?:';
..
~
I
II
1:1
~
70" of Front F8cede muat be p/et>>d 01'1
Front Y8ITi BuIJd.lo.I.Jne, end ~
muat be e MInImum of 3 Feet
3 Fe.
GTMUD
Mixed Use Subdistrict and C-1 through C-5 Districts:
Building Height, Step-Back, Projections and Recesses
Page 82 of 102
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Mixed Use Subdistrict! Residential
above Commercial or Residential
OnlY Fronting on US 41:
4 Stories
Maximum Actual Height: 70 Feet
Mini Triangle Mixed Use
BStorles
Maximum Actual Height: 126 Feet
Commercial Zoning Districts
Heights according to current LDC
10 Feel MInImum
Sf8p-8lIcIr lIDm
Fmnl YrmI
lJuIIrUo..LIne at
3I'd IJIId SIDty
IJIId Abowl
-
11_
ProJecI1on Allowed
for Awrr/nsII.
~..1JIId
BaIconIN
Projd0n8
AJIuwfId for
Awn/ng8. or
S8IoonI8a
~
I
~
)!
I
PanIpat mulmum 4 feat 8bowI Rod
EloIIom of E8Wl Un8 or Top of BufIt-up Rod
-
6_
R881d8nlllll U. Only
10 MInImum Feel
R88Id8nIJ81 U. Only
1/ SloMe
Mulmum HeIght 6/1 R
Mht8d U88:
RNld8lll18l 0Wlr
CommIllCl8l or Re.fd8n1l8l Un Only Comm8rcIIII or Reold8nlMl
Only FrontInQ 011 us 1/1
CaII1l
.....................................
0eItIll
FIntt Floor HIIIght
No I8sa tII8n 12 FfIfIt
No men tII8n 18 FfIfIt
lIDm
FlnlftKI Floor 10 Cdng
~ ~
~ ~
Fht Floor Commen:IrJJ Un Only
~Ffoor
7~ of Fmnl F8C8d8 mUllt be p/tKJed on
Fmnl Yerd EJuIIcI.to.Un8. 8nd ~
/fIfJIt be 8 MInJmum of 3 Feat
3 FfIfIt
GTMUD
Mixed Use Subdistrict and C-1 through C-S Districts:
Building Height, Step-Back, Projections and Recesses
8A
l
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I
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a
~
,
1II
I
1
!
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GTMUD Fiaure 4 - 4 StOry Buildina Heiaht. Step Back. Proiections. and Recesses
(For illustrative purposes only)
Page 83 of 102
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C. Parkina Standards For Mixed Use Proiects
(Property developed in conformance with underlying zoning classifications
shall meet the parking space requirements per section 4.05.03 and
4.05.04 of this Code.)
5. Four (4) spaces per 1.000 sauare feet of floor area open to the
aeneral public for commercial use.
6. Minimum one and one half (1.5) parkina spaces for each residential
unit.
7. Outdoor cafe areas shall be exempt from parkina calculations.
4. Parkina Location
a. New Development
i. Interior Lots
Parkina shall be located behind the Front Yard
Build-to-Line on side or rear of the buildinas.
ii. Corner Lots
Parkina shall be located behind the Front Yard{s)
Build-to-Line on side or rear of the buildinas.
b. The parkina location reauirements will also apply to new
development for C-1 throuah C-5 zoned property, which
under lay the GTMUD Mixed Use Subdistrict. Parkina lots
shall be desianed for interconnection. with adiacent property.
GTMUD Fiaure 5 - Parkina Location (For illustrative purposes only)
GTNlUD - Mbced u.. Subdl.Uct:
Location of Off SlnIet Parlrlng
PublIc _
"t..:: Front YIIffI BuIIrJ.IIH.Jne
I Comer Lots
I 100 % of parking
: permitted on side or
1 rear of Front Yard
: Bufld-to-Une.
1 Front YIIIff SuiIcJ.tD.Lina
:\j,
1-
j
r--------------------l
II
5. Shared parkina reauirements shall be consistent with those provided in
subsection 4.05.02 of the LDC.
D. Desian Standards for Awninas. Loadina Docks. Dumpsters. and Streetwalls
1:. Loadina docks and service areas shall not be allowed on the Front Build-
to-Line.
2. All dumpsters must be located in the rear yard and screened from US 41,
Davis Boulevard, Commercial Drive. or Airport-Pullina Road.
E. Landscapina and Buffer Reauirements.
1:. Landscapina and buffer reauirements shall be pursuant to section 4.06.00
of this Code unless specified otherwise below:
Page 84 of 102
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SA
2. Buffers are reauired between GTMUD-MXD Subdistricts and contiauous
GTMUD-R Residential Subdistricts. A minimum buffer 10-foot wide
landscaped area shall be reauired. This area shall include: a (6) six-foot
hiqh opaaue masonry wall: a row of trees spaced no more than 25 feet on
center; and a sinale row of shrubs at least 24 inches in heiaht. and 3 feet
on center at the time of plantinq. Landscapinq shall be on the commercial
side of the wall.
3. A shared 10' wide landscape buffer with each adjacent property
contributinq a minimum of 5 feet is reauired between GTMUD-MXD
Subdistricts abuttinq Commercial Zoned Districts or abuttinq GTMUD-
MXD Subistricts. However, the eauivalent buffer area sauare footaqe may
be provided in the form of landscaped and hardscaped courtyards, mini-
plazas, outdoor eatinq areas, and buildinq foundation plantina areas.
4. Parkina lots and/or access drives abuttina commercial property shall be
reauired to have a minimum 10 foot perimeter landscaped buffer. This
area shall include a row of trees spaced no more than 30 feet on center.
5. Buildinq foundation plantina will only be reauired on the rear and sides
yards. The foundation plantina shall be a minimum of 50% of the buildinas
qround floor perimeter measured in linear feet and an averaae of five-feet
(5) wide. This area must be landscaped with trees and/or palms in the
amount of one tree or palm eauivalent per 25 linear feet of buildina
foundation plantina perimeter: and with 3-aallon shrubs and 1-aallon
qround covers other than arass. Trees and palm trees shall be planted in
areas that are a minimum of 8 feet wide. Palm trees. when used to meet
these buildina foundation reauirements, shall be counted as one palm is
the eauivalent of one tree.
6. A minimum of 50% of the surface water manaaement area shall be
landscaped. Trees shall be provided at the rate of 1 tree per 250 sauare
feet. with the balance of the area landscaped with shrubs, around covers
and ornamental arasses.
7. Streetscape Zone (Front Yard)
The streetscape and landscapina standards for this zone will be based on
Streetscape Desian Guidelines to be prepared by Bayshore / Gateway
Trianale CRA Advisory Board.
8. Streetwalls
Streetwalls shall be used when surface parkina lots abut the riaht-of-way
of US 41, Davis Boulevard. Commercial Drive. or Airport-Pullina Road.
The wall shall be constructed of the same or complementary materials as
the primary buildinas and be 3 to 4 feet in heiaht. and shall have a 12 inch
proiection or recess a minimum of every 10 to 12 feet. The"streetwall" can
be a combination of "wall" and metal "fence" materials. (no chain link
fencinq is allowed) which:
!.:. Complement the buildina materials. The street side of the
"streetwall" will have shrubs least 24 inches in height and spaced 3
feet on center at the time of plantina, with around covers other than
arass in a minimum 5 foot wide strip.
b. No two streetwalls shall adioin on a common property line.
C. The streetwall shall be setback the appropriated distance from the
Front Set Back Line in order to meet County Standards for Site
Distance Trianale (Section 4.06.01, D.1.) for eqress from parking
lots.
Page 85 of 102
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9. The Landscapina and Buffer reauirements of this section shall apply to all
new buildinas in the GTMUD- Mixed Use Subdistrict and C-1 throuah C-5
Zonina reaardless of heiaht.
GTMUD Fiaure 6 - Streetwall (For illustrative purposes only)
Side Parking Lot with streetwalJ
G. Architectural Standards.
Architectural desian theme. The "Old Florida" or "Florida Cracker" desian theme
is encouraaed for new development. construction or existina building renovation
or rehabilitation in GTMUD Mixed Use Subdistrict. and the C-1 thouah C-5
Commercial Zonina Districts within the GTMUD Overlay.
GTMUD Fiaure 7 - Old Florida or Florida Cracker Style (For illustrative
purposes only)
1. All buildinas shall meet the reauirements set forth in section 5.05.08
unless otherwise specified below.
2. Reaardless of the chosen architectural theme the followina desian
elements are reauired.
a. All buildinas adiacent to US 41. Davis Boulevard. Commercial
Drive. Airport-Pullina Road or future north-south streets will have
the principal pedestrian entrance frontina US 41, Davis Boulevard,
Commercial Drive, Airport-Pullina Road or future north south
streets.
Page 86 of 102
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Thirty-five (35) percent of the buildinas facade that faces US 41,
Davis Boulevard. Commercial Drive, or Airport-Pullina Road will be
clear glass with a maximum tint of 25%.
b.
Clear alass windows (with a maximum tint of 25%) between the
height of two (2) and seven (7) feet above sidewalk arade are
required on the primary facade of the first floor of any buildina.
c.
d.
Attached buildina awnings. canopies or balconies may encroach
over the Front Build-to-Line by a maximum of five (5) feet.
e.
Florescent colors shall not be used.
Maximum uninterrupted buildinq lenath reauirements: Where a
buildina or a series of buildinas form a continuous wall that exceeds
200 feet in lenath, a pedestrian walkway or passaaeway shall be
provided at the qround floor within the middle third of the length.
The walkway/passaaeway shall be not less than 15 feet in width
and not less than 10 feet in heiaht. A walkway/passaaeway may be
roofed. A walkway/passaaeway shall be open to the public.
Hip or aable buildina roofs shall be metal material ( 5v Crimp.
Standina Seam or similar desian)
Have windows with vertical orientation and the appearance of
divided alass trim.
Facade wall building materials shall be of wood, natural stone.
stucco finish or cement board products.
f.
a.
h.
i.
GTMUD Fiaure 8 - Buildina Lenath (For illustrative purposes only)
GTMUD - MIItfId Us. Subdistrir:t
BCiiiiiiniLeiiQiil.."""....-.""......".....
~J'CfPiu~
,,, ..,l>MI_.l_
f ",l>MIHoIg/lI1Q Fool
:) _..~
H. Signs shall be as required by division 5.06,0 unless specified below:
~ One "sandwich sian" is allowed on the public right-of-way between the
curb or travel lane and the private property line per business
establishment as lona as it is no more than ten (10) square feet per side,
allows for a passaaeway on the sidewalk of 36 inches for ADA
accessibility, and it is removed from the right-of-way when the business is
not open.
SUBSECTION 3.R. ADDITION OF SECTION 4.02.36 Design Standards for
Page 87 of 102
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reA
Development in the Golden Gate Downtown Center Commercial Overlay District
(GGDCCO)
Section 4.02.36 Design Standards for Development in the Golden Gate Downtown
Center Commercial Overlay District (GGDCCO), of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD--
RESIDENTIAL SUBDISTRICT (R)
A. Dimensional and Desian Standards
Table 2. Desian Standards in the GTMUD Residential Subdistrict (R)
Density Per Under Lyina RMF-6 6 units Per new zoninq district
Zoninq RMF 6 or RSF per acre consistent with the
4 or as may be RSF- 4 4 units Future Land Use
allowed by a rezonina per acre Element
pursuant to the Future
Land Use Element
Minimum Lot Width
Sinale-family 50 feet
Two-family / 50 feet
Duplex 25 feet
T own houses 1 00 feet
Multi-familv
Minimum Setbacks
Min. Front Yard Min. Side Yard Min. Rear Yard (feet)
One (single) 10 feet 7.5 feet 15
familv units
5 feet
Two family/ 1 0 feet 15
Duplex dwellina
units
o feet when
abuttinq another
Townhouse 1 0 feet townhouse, if not ~
then the same
standards as a
two family
dwellinq unit
Multi-family 1 0 feet 7.5 feet ~
(three or more)
dwellinq units
Buildina Standards
Sinale-familv 1500 square feet per unit
Minimum floor area Two-family/Duplex 1000 square feet per
unit
Townhouses 1000 square feet per unit
Multi-family 750 square feet per unit
Page 88 of 102
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Maximum actual heiaht of principal 3 habitable floors or 42 feet to buildina
structures 56 Feet eave or top of a flat built-up roof.
measured from the first habitable floor
elevation. by NFIP standards. Parapets on
flat roof can be no more that 5 feet in
heiaht.
Maximum actual heiaht of accessory Same as principal structure. not to exceed
screen enclosures 35 feet
Maximum actual heiaht of all other 26 feet but in no case hiaher that the main
accessory structures buildina.
B. Parkina Standards
1. Parkina shall be as reauired by section 4.05.00 of this Code.
C. Architectural Standards
1. Buildinas and their elements shall adhere to the following:
a. Street-facina facades of multifamily buildinas shall be divided using
articulation and/or modulation at least every sixty (60) feet. Facade
modulation is steppina back or extendina forward a portion of the
facade at least five (5) feet measured perpendicular to the front
facade for each interval. Articulation includes porches, balconies.
bay windows and/or covered entries.
b. The primary entrance shall be oriented to the street. Orientation is
achieved by the provision of a front facade includina an entry door
that faces the street.
~ On corner lots. both street facades of a buildina shall have
complementary details: in particular, buildina materials and color,
rooflines and shapes, window proportions and spacina, and door
placement.
d. All mechanical eauipment must be screened with a three (3)-foot high
hedae or an opaaue fence or wall at any height eaual to the
mechanical eauipment.
GTMUD Fiaure 9 Tvoical Front Elevation Residential Develooment (For illustrative
purposes onlv)
~
~ FamIfJ/ DetsirlIJIIHt .,. SflIry
Si!IgflI Femoly 0dMdIi/itt
---
,,,,,,/ ."'.......
.=:~F
tIKI FIIf1II1yI ~I T\Klllby
TlIIO """~
Page 89 of 102
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3. Buildinas shall adhere to the followina elevation reauirements:
a A maximum of two feet of fill shall be allowed on site towards
meetinq NFIP requirements. Additional NFIP heiqht reauirements
shall be accomplished throuah stem wall construction. Stem walls
shall be finished in material and color complimentary to the main
structure.
b. Open stilt-type construction is not permitted. On front yards, the
facade area below the first floor must be treated with a solid facade
or lattice, which is consistent with the architectural style of the
buildina.
c. The aaraae floor shall not exceed twenty-four (24) inches above the
elevation of the riaht-of-way from which it is accessed.
4. Front porches shall adhere to the followina standards.
a. Front porches may encroach seven (7) feet into the front yard
setback if the structure is located on the Minimum Front Yard
Setback (10 feet) with an additional three (3)-foot encroachment
allowable for entry stairs.
b. Front porches must cover a minimum of forty (40) percent of the
horizontallenqth of the front yard facade of the primary residence.
c. Front porch desiqn and materials shall be consistent with the
architectural desian and construction materials of the primary
residence.
d. Front porches shall not be air-conditioned or enclosed with glass.
plastic. or other materials. Screeninq the porch is allowed as lona
as the moldinas that hold the screen material match the material
and desian character of the structure.
e. Steps shall encroach no more than three feet into the front yard
setback.
GTMUD Fiaure10- Front Porches (For illustrative purposes only)
LULU
Porch.. 40% of
Front For:edo
5. Garaaes and Driveways.
a. Other than the permitted driveway, the front yard may not be paved
or otherwise used to accommodate parkina.
b. No freestandina carports are permitted. Carports and portachere
(Fiqure GTMUD 11) must be attached to the main structure and of
similar materials and desian as the main structure.
Page 90 of 102
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~ The distance from the back of the sidewalk to the aaraoe door
(GTMUD Fioure 10) must be at least 23 feet to allow room to park a
vehicle on the driveway without parkino over the sidewalk. Should
the aaraae be side-loaded there must be at least a 23-foot paved
area on a perpendicular plane to the aaraae door or plans must
ensure that parked vehicles will not interfere with pedestrian traffic.
GTMUD Fiaure 11 Garaaes (For illustrative purposes only)
o..a.
t:
::l
I
'_Ik
GTMUD Fiaure 12 Porte-cochere (For illustrative purposes only)
,....-.-.-'- _._.- -.-,-..,
I
I
I
I
I
I
I
I
I
I
/
6. An accessory unit is a separate structure located at the rear of the
property and related to the primary residence (sinole-family detached only)
for uses which include, but are not limited to: library, studio, workshop,
Page 91 of 102
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SA
playroom. screen enclosure, garage. swimming pool or guesthouse.
Ownership of an accessory unit shall not be transferred independently of
the primary residence.
a. Only one (1) accessory unit of each type is permitted per principal
structure.
b. The maximum area of an accessory unit is 550 square feet. limited
to one (1) habitable floor.
c. The accessory unit may be above a garage or may be connected to
the primary residence by an enclosed breezeway or corridor not to
exceed eiaht (8) feet in width.
d. The maximum heiaht of a structure containing an accessory unit
over a garaae is limited to a maximum of twenty (20) feet.
measured from the level of graded lot to the eave, and with a
maximum actual building heiaht of twenty-six (26) feet to the top of
the roof. A structure containing only a guest unit must meet NFIP
first habitable floor height requirement.
Table 3: Setbacks for Accessory Buildinas and Structures
Buildina I Structure Front Rear Side
Library SPS* 1 0 feet SPS*
Studio SPS* 1 0 feet SPS*
Workshop SPS* 15 feet SPS*
Swimmina pool SPS* 10 feet SPS*
and/or screen
enclosure
Playroom SPS* 10 feet SPS*
Garaae SPS* 1 0 feet SPS*
Garaae Guesthouse SPS* 15 Feet SPS*
above
Guesthouse SPS* 15 Feet SPS*
*SPS - Same as principal structure
7. Fencing forward of the front or primary facade of the structure is permitted
subiect to the following conditions:
a. The fence shall not exceed 42 inches feet in heiaht.
b. The fence shall have an opacity ranae of 18% to 50%
c. Chain link fence is prohibited.
d. The fence material shall be wood. vinyl. composite, stucco block or
metal.
e. Fencina and walls must architecturally complement the primary
structure.
GTMUD Fiaure 13 - Permitted Tvoical Fencina (For illustrative purposes only)
e 92 oj
eleted,
"SI
8. Landscapinq and buffer reauirements for new residential development as
reauired by Chapter 4.06,00 of this Code.
SUBSECTION 3.S. ADDITION OF SECTION 4.02.37 Design Standards for
Development in the Golden Gate Downtown Center Commercial Overlay District
(GGDCCO)
Section 4.02.37 Design Standards for Development in the Golden Gate Downtown
Center Commercial Overlay District (GGDCCO), of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.37 Desiqn Standards for Development in the Golden Gate Downtown Center
Commercial Overlay District (GGDCCO)
A. Development criteria. The followina standards shall apply to all uses in
this overlay district. Where specific develooment criteria and standards
also exist in the Golden Gate Area Master Plan. or the Future Land Use
Element of the Growth Manaqement Plan, these standards shall
supersede any less strinaent reauirement or place additional reauirements
on development.
1. Cessation of residential uses. Existinq. non-owner-occupied
residential uses located alonq Golden Gate Parkway shall cease to
exist no later than seven years after the effective date of the
adoption of the Downtown Center Commercial Subdistrict in the
Golden Gate Area Master Plan (adopted October 26,2004: effective
January 14, 2005). This does not reauire the removal of residential
structures located elsewhere in this overlay district.
2. Multi-story buildinas.
a. Only retail. personal service. and institutional uses are allowed
on the first floor.
b. All uses allowed by this zoninq overlay. except restaurants and
cocktaillounqes. are allowed on the second floor.
c. Only residential uses are allowed on the third floor.
3. Density. Density shall be as per the underlYinq zoninq district. For
mixed-use proiects. density shall be calculated based upon total
proiect acreaae.
4. Setbacks.
a. All development and redevelopment on lots abuttinq Golden Gate
Parkway shall have a front yard and set-back of no more than
fifteen feet (15). All proiects providinq a front yard setback qreater
than zero (0) feet must provide restaurant seatinq, and/or open
space areas such as other seatinq, plantinq areas, and decorative
landscape planters within such front yard. except that water
manaaement retention and detention areas are prohibited.
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b. All development and redevelopment on properties in the overlay
area not abuttinq Golden Gate Parkway must comply with the front
yard setback requirements of that property's underlyinq zoning.
c. Side yard setback shall be a minimum of 5 feet.
d. Rear yard setback shall be no less than one-half of the building
heiqht. with a 15-foot minimum,
5. Buildinq Footprint Limits.
a. Minimum buildinq footprint of 3.000 square feet.
b. Maximum buildinq footprint of 12,000 square feet.
6. Minimum floor area - residential.
a. Mixed use. Minimum floor area of 1.500 square feet.
7. Minimum Heiqht. The zoned heiqht of buildinqs shall be no less than 34
feet.
8. Maximum heiqht. The actual heiqht of buildinqs shall not exceed three
stories and 45 feet.
9. Crime Prevention Throuqh Environmental Desiqn (CPTED) Standards.
The Golden Gate community supports the CPTED philosophy as a way
to reduce crime, improve neiqhborhood and business environments. and
increase overall quality of life of its citizens. CPTED principles such as
natural surveillance. natural access control. and territorial reinforcement
shall be incorporated into the overall desiqn of the proiect. consistent
with the provisions in this overlay and as identified below.
a. Public paths shall be clearly marked by usinq desiqn elements such
as landscapinq and pedestrian accent liqhting.
b. Public entrances shall be clearly defined by walkways and siqnaqe,
as specifically provided in this overlay.
10. Common architectural style. In support of the purpose and intent of the
GGDCCO. all structures within the overlay district shall have a common
Mediterranean architectural style. with barrel tile roofs. stucco facades.
arches and wood accent members used as details, Durinq the site
development plan review process, architectural drawinqs shall be
submitted to demonstrate adherence to this requirement. All commercial
and mixed use buildinqs and proiects shall be subiect to the provisions
of Section 5.05.08 of the Code, except as provided herein.
11. Architectural standards. All buildinqs shall meet the requirements set
forth in Section 5.05.08. except as otherwise specified below:
a. Buildinqs with frontaqe on Golden Gate Parkway shall have sixty
(60) percent of the qround-floor facade finished with clear or
Ijqhtly tinted qlass.
b. The qlazed area of the facade above the first-floor shall be at
least twenty (20) percent but shall not exceed thirty-five (35)
percent of the total area, with each facade beinq calculated
independently.
c. Desiqn elements used to embellish the primary facade shall be
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similarly incorporated into the rear facade of buildinos.
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d. The facades of buildinas 5.000 sauare feet or laraer shall use
rooflines that vary in heiaht or architectural embellishments, such
as cupolas. at least every eiahty (80) feet.
e. Parapet roof treatments are prohibited.
f. Flat roofs must be screened with a mansard edae barrel tile roof
extendina the lenath of all facades.
a. Buildina entrances shall be accentuated throuoh architectural
elements, liahtina. landscapina, and/or pavina stones.
12. Outdoor display/sale of merchandise
a. No automatic food and drink vendina machines shall be located
exterior to buildinas.
13. Access. Those aaoreaated lots developed under these overlay
provisions and frontina on Golden Gate Parkway must provide site
access from abuttina local streets and may not obtain site access from
Golden Gate Parkway. and where one such commercial or mixed use
development provides site access at the development's proiect
boundary abuttina other lots, whether aaoreoated yet or not for
commercial or mixed use development. such developments must
provide for joint or cross access with the abuttina property or properties
in order to share access and minimize the number of access points.
14. Parkina standards. All commercial and mixed-use proiects shall meet
the parkino reauirements as set forth below:
a. A minimum of three (3) public parkina spaces for each 1,000
square feet of commercial floor area.
b. A minimum of 1 1/2 parkina spaces for each residential unit.
c. No parkina is allowed in the front yard on lots abuttina Golden Gate
Parkway.
d. There shall be no parkina requirement for outdoor restaurant
seatina areas.
e. Shared parkina is required. where possible and feasible.
f. Interconnection between adjacent parkina lots is reauired, where
possible and feasible.
o. Parkina facility liahtina shall be consistent with the
pedestrian/accent decorative liahtina fixtures illustrated in Fia. 29,
paae 5-9 of the Golden Gate Community Roadways Beautification
Master Plan. latest edition, and shall be maintained at a liaht level
of 3.0 foot candles. and arranaed and shielded in a manner that
protects roadways and neiqhborina properties from direct alare or
other interference.
h. All proiects that are adiacent to residential development within the
district and/or residentially zoned properties outside the district shall
provide liahtina fixtures with full-cutoff optics that direct the liaht
source downward,
i. The overniqht parkina of commercial vehicles. with a rated load
capacity of one ton or more, is prohibited.
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i. The overniaht parkina o( commercial vehicles shall be limited to
one (1) vehicle per 1.000 sauare feet of commercial floor area, not
to exceed six (6) commercial vehicles per building.
15. Project standards. In addition to the site desian elements described in
Section 5.05.08 C.5.d. all proiects shall provide:
a. Two accent or specimen trees, above the minimum landscape
code reauirements, for every 100 linear feet alona both the front
and rear facades. at a minimum heiaht of 18 feet at plantina.
except that proiects with frontaae alona Golden Gate Parkway
shall only be reauired to provide the plantina alona the rear
facade.
b. Decorative landscape planters or plantina areas, a minimum of
five (5) feet wide. and areas for shaded seatina consistina of a
minimum of 100 sauare feet.
16. Landscapina. All commercial and mixed use proiects shall meet the
landscape reauirements in Section 4.06.00 of this Code. unless
otherwise specified in this zonina overlay.
a. Project Perimeter Bufferina. All proiects that are located adjacent
to residential zonina external to the district boundaries shall provide
a six (6) feet wide sidewalk and a minimum nineteen (19) feet wide
landscape plantina area. except that the project's frontaae alona
Golden Gate Parkway shall be exempt from this reauirement.
The plantina area shall be landscaped with: 1. Shrubs and around
cover: shrubs shall be planted in a double row and be no less than
24 inches in heiaht at time of plantina: and. 2. Trees. planted one
per 30 linear feet and, at time of plantina. a minimum heiaht of 22
feet.
b. Internal Project Bufferina. All projects that are located adjacent to
a residential use within the district boundaries shall provide an
Alternative B buffer per Section 4.06.02 C.2. except: walls and
berms are prohibited. a freestandina hedge must be 6 (six) feet in
heiaht. if a fence is provided it must be accompanied by a hedae 3
(three) feet in height with a 2 (two) feet spread at time of plantina.
The project frontaae alona Golden Gate Parkway shall be exempt
from this reauirement.
C. Buildina Foundation Plantina Areas. Buildina foundation plantings
shall be reauired for all proiects. except for buildinas adjacent to
Golden Gate Parkway and the riahts-of-way abuttina the district's
external boundaries.
d. Proiect Vehicular Use Areas. Mountable curbs shall be provided for
all terminal landscape islands as depicted in Fiaure 3. Section
4.06.03.B.3.
17. Golden Gate Parkway Riaht-of-Wav Improvements. Riaht-of-way
improvements reauired for properties/lots with frontaae along
Golden Gate Parkway.
a. Curbina. All projects/lots shall provide Type "F" non-mountable
curbina per F.D.O.T. "Roadwav and Traffic Desian Standards"
Index 300, the latest edition.
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b. Landscapino. All proiects/lots shall be reauired to provide an eioht
(8) feet wide landscapino strip between the curb and sidewalk.
This planting
area may be reduced between tree spacino to five (5) feet wide. for
a maximum of 50 percent of the buffer area, to accommodate street
furnishinos and fixtures. consistent with the Golden Gate
Community Roadways Beautification Master Plan.
The landscapino strip shall be landscaped with: 1. Turf, not to
exceed 50 percent of the plantino area: 2. Shrubs and oround
cover, at a minimum of 50 percent coveraoe. not to exceed a
mature heioht of twenty-four (24) inches: and, 3. Canopy trees,
planted one per 30 linear feet and. at time of plantino. a minimum
4-inch caliper with 8 feet of clear trunk and 22 feet in heioht.
All plantino materials in the public rioht-of-way shall be consistent
with those identified in the Golden Gate Community Roadways
Beautification Master Plan. Installation and maintenance shall be
consistent with the Collier County Construction Standards
Handbook for Work within the Riaht-of-Way.
Where rioht-of-way plantinos above are not practicable. a planting
area and/or a decorative planter(s) may be provided consistent with
the Collier County Construction Standards Handbook for Work
within the Rioht-of-Way.
Property owners shall be reauired to enter into a Landscape
Maintenance Aoreement with the County for the installation and
maintenance of the reauired rioht-of-way plantinas. Landscape
Maintenance Aoreements shall reauire a sioned and sealed
landscape and irrioation plan(s). review by the appropriate
Transportation Division's staff, approval by the Board of County
Commissioners. and recordino of said aareement with the Clerk of
Courts. Plans shall include. but not be limited to. the followina:
i. Existino conditions inventory
ii. Proposed plantinos/details of plantino methods and
maintenance specifications
iii. Location of utilities
iv. Location of drainaoe facilities
v. Irrioation proposal. includino water connections
C. Sidewalks. All proiects/lots shall provide a ten feet wide sidewalk
between the reauired landscape strip identified in "b." above and
the property line. Sidewalks shall be constructed pursuant to the
Land Development Code and the "Construction Standards
Handbook for Work within the Riaht-of-Way". Decorative pavers
(consistent with the approved pavers identified in the Golden Gate
Community Roadways Beautification Master Plan) may be
substituted for portions of sidewalk, subiect to approval by the
County Manaoer or desionee.
Where a portion of the reauired sidewalk cannot be constructed in
the public riaht-of-way. the property owner shall locate such portion
on their private property and orant the County an easement.
18. Address numbers. Address numbers shall be 8 inches in vertical
heioht and shall be located on the primary buildino facade. Numbering
materials shall be reflective and have a contrastina backoround.
19. Sions. As reauired, allowed. or prohibited in Section 5.06.00 of this
Code. except as specified below:
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a. A sinale external wall sian may be applied to both the front and rear
facades of the buildina provided that it shall not exceed two (2) feet
in vertical dimension. This wall sian(s) shall not exceed 80% of the
width of the unit(s) or the buildina occupied by a business with a
minimum of ten percent clear area on each outer edoe of the
unit(s).
The wall sian(s) shall consist of letters applied directly on the
facade(s) of the buildino.
A wall sion(s) shall only be permitted on the first floor of a buildino.
b. In lieu of the external wall sion(s) permitted in paraoraph "a." above,
the vertical drip of an awnino may be stenciled with letters no more
than 8 inches in heiaht and shall not exceed one third of the lenoth
of the canopy. Such sion shall be limited to the first floor only.
c . In addition. an under canopy or proiection sion shall be reauired for,
and limited to. the business located on the first floor. Such sians
shall not exceed 6 sauare feet. shall not proiect more than four (4)
feet from the buildina on which it is attached, and shall be elevated
to a minimum of 8 feet above any pedestrian way and shall not
exceed a heioht of 12 feet.
d. Sinole or multiple occupancy parcels where there is double
frontaoe on a public riaht-of-way. shall be allowed three sions, but
such sions shall not be placed on one wall, and shall be limited to
the first floor only.
e. Sians used on the primary facade shall also be similarly provided
on the rear facade of the buildinas.
f. One identification sion may be provided for a second floor
business(s). Such sion shall only be permitted in the rear yard and
shall have a minimum setback reauirement of 10 feet. Such sion
shall not exceed 24 sauare feet in size and 4 feet in heioht. The
display area of the sion may only include the business 1000. name.
and address.
Corner lots and throuah lots shall/ocate such sian in the rear of the
buildina.
.a. External sians shall not be translucent. but may be externally lit or
backlit.
h. No sian. display, merchandise or window tintino shall be placed on
or adiacent to any window that would interfere with the clear and
unobstructed view of the interior of the establishment from the
outside and, in particular, of the cash reaister(s) from the street.
i. The followina sians are prohibited: freestandino sions. except
identification sions, real estate sians. and construction sions:
stencilino and other window sians, except "open" sions. which shall
be limited to two and one-half sauare feet in size.
i. Portable restaurant sians shall be permitted subiect to the following
reaulations:
1. Sions shall be "A" frame desion
2. Only one sion shall be permitted per restaurant
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3. The sian dimensions shall be a maximum of 24-inches wide
and 48-inches in heiaht.
4. The sian shall be displayed only durina the hours of
operation of the establishment.
20. Liahtina. As described and provided in the Golden Gate Community
Roadways Beautification Master Plan or as identified below:
a. Internal Proiect Liahtina. All projects shall use architectural
decorative Iiahtina. Such liahtina shall be the same decorative
liahtina as identified in Fiaure 29 on paae 5-9 of the Golden Gate
Community Roadways Beautification Master Plan. If such Iiahting
becomes unavailable. similarly themed liahtina shall be used. Liaht
fixtures must Iiaht all public use areas adiacent to the buildina (e.g.
entrvway, courtyards. etc.) to a recommended 0.5 candle level of
illumination. Liahtina shall be arranaed in a manner that protects
roadways and neiahborina properties from direct alare or other
interference.
b. Street/Roadway Liahtina. Architectural decorative liahtina shall be
used alona Golden Gate Parkway within the public riaht-of-way.
Such liahtina shall be a variation of the decorative lighting
identified as Fiaure 29 on paae 5-9 of the Golden Gate Community
Roadways Beautification Master Plan, more specifically identified
as the Lumec Domus Series (DMS50-250MH-SG3-480-LD-DL-
CRL72-1A/ U.S. 41 East Iiahtina fixture). If such Iiahtina becomes
unavailable. similarly themed liahtina shall be used. The
installation and maintenance of liahtina shall be consistent with the
Collier County Construction Standards Handbook for Work within
the Riaht-of-Way.
21. Dumpsters. Dumpsters shall be screened and positioned out of view
from public riaht-of-ways and pedestrian walkways.
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SUBSECTION 3.T. AMENDMENTS TO SECTION 10.03.05 Notice Requirements for
Public Hearings Before the BCC, the Planning Commission, the Board of Zoning
Appeals, the EAC and the Historic Preservation Board
Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the
Planning Commission, the Board of Zoning, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
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G. Notice and public hearina reauirements where proposed resolution by the board
of county commissioners would approve a mixed use proiect (MUP) located in a
mixed use district overlay. In cases in which the applicant reauests approval of a
mixed use proiect (MUP) under the provisions of a mixed use district overlay,
with or without reauested allocation of bonus density units. where applicable. the
mixed use proiect shall be considered for approval pursuant to the followina
public notice and hearina reauirements by the board of county commissioners.
1. The board of county commissioners shall hold one advertised public hearing
on the petition to approve a mixed use proiect for property located in a mixed
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8A
use district overlay. The public hearina shall be held at least 15 days after the
day that an advertisement is published in a newspaper of aeneral paid
circulation in the county and of aeneral interest and readership in the
community.
2. At least one Neiahborhood Informational Meetina (NIM) shall be conducted by
the applicant (in conjunction with the overlay area advisory board, where such
advisory board exists) before the public hearina by the board of county
commissioners. Written notice of the meetina shall be sent by applicant to all
property owners who are reauired to receive leaal notification from the County
pursuant to sections 10.03.05 B.8 and 10.03.05 B.9. A Collier County staff
planner, or desianee, must also attend the neiahborhood informational
meetina: however, the applicant is reauired to make the presentation on the
development plan of the subject property.
3. The applicant shall further cause a display advertisement. one-fourth paae. in
type no smaller than 12 point: which shall not be placed in that portion of the
newspaper where leaal notices and classified advertisements appear. The ad
shall be published no later than 7 days prior to the date of the neighborhood
informational meetina. The ad shall state the purpose, location, and time of
meetina, and shall display a leaible site location map of the property for which
the mixed use proiect approval is beina reauested.
4. The applicant shall post the subject property with an outdoor sian at least ten
days prior to the date of the public hearina before the BCC. The sian to be
posted shall contain substantially the followina lanauaae and the sign's COpy
shall utilize the total area of the sian:
a. PUBLIC HEARING REQUESTING APPROVAL OF A MIXED USl.
PROJECT'
TO PERMIT: (Name of Project) (Number of acres)
DATE:
TIME:
ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, GOLLlER
COUNTY GOVERNMENT CENTER. HARMON TURNER BUILDING, 3301 E. TAMIAMI
TRAIL, NAPLES, FL 34112. '
5. The area of the sian shall be as provided in section 10.03.05 B.3.d. of this
Code.
6. Criteria for Mixed Use Project Approval
The followina criteria must be met in order to aain approval for mixed use
projects developed in accordance with provisions of a mixed use overlay.
a. No less than sixty percent of all commercial uses within a mixed
use project shall provide retail. office and personal service uses to
serve the needs of the subiect proiect and surroundina residential
neiahborhoods.
b. No more than 25 percent of the residential units within a mixed use
proiect shall be on aated roadways. Residential uses shall be
constructed concurrent with, or prior to the construction of
commercial uses so as to insure actual development of a mixed
use project.
Page 100 of 102
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c. Mixed use proiects shall connect to local streets, adioining
neiohborhoods and adiacent developments. reoardless of land use
types. A arid pattern is usually the basis for the transportation
network. Whatever the pattern of the vehicular network. internal
interconnections between uses and external connections between
adioinino neiohborhoods and land uses shall be provided for
pedestrian. bicycle and other modes of alternate transportation.
d. The commercial component of a mixed use project may be located
internal to the project or alona the boundary: if externally located.
internal access roads and service access shall be provided so as
not to promote strip commercial development alona external
collector and arterial roadways.
e. Parkina lots shall be dispersed throuohout the project. No one
parkino lot shall provide more than 40 percent of the reauired
offstreet parkino. Parkina oaraoes shall have no restrictions on
percentaoe of reauired parkina that may be accommodated:
however. commercial uses only shall be permitted on the oround
floor. This reauirement shall not apply to individual parcels less
than 5 acres in size.
f. At least 30 percent of the aross area of mixed use projects shall be
devoted to useable open space, as defined in section 4.02.01 B. of
this Code. This reauirement shall not apply to individual parcels
less than 5 acres in size.
[Existing Sec. 10.03.05 G. through R. are re-Iettered as H. through S.]
SECTION FOUR: 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 Section not affect the validity of the remaining portion.
SECTION FIVE:
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
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 re-Iettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX:
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 28 th day of February, 2006.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
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DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
Marjorie Student-Stirling
Assistant County Attorney
OF COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Page 102 of 102
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~LES DAILY NEWS
lished Daily
les, FL 34102
rfidavit of Publication
Ite of Florida
unty of Collier
)re the undersigned they serve as the authority, personally
eared B. Lamb, who on oath says that they .
e as the Assistant Corporate Secretary of the Naples DaIly,
aily newspaper published at Naples, i~ Collier C?unty,
ida; distributed in Collier and Lee countIes of FlOrIda; that
attached copy of the advertising, being a
3LIC NOTICE
Ie matter of Public Notice
ublished in said newspaper 1
e(s) in the issue February 19th, 2006
nant further says that the said Naples Daily News is a newspaper
ished at Naple~, in said Collier County, Florida, an? that th~ said
;paper has heretofore been continuously pubhshed m saId Colher
lty Florida; distributed in Collier and Lee counties of F1onda,
d~v and has been entered as second class mail matter at the post
e i~ Naples, in said Collier County, Florida, for a period of ]
next preceding the first publication of the attached copy of
rtisement and affiant further says that he has neither paid nor
lised any person, firm or corporation any discount, rebate,
mission ;r refund for the purpose of securing this advertisement for
ication in the said newspaper.
/J-~
gnature of affiant)
" Harriett Bushon1
,~,n;~~\. MM1SSION # 0023468] EXPIRES
~. A.., Y": MY CO July 24, 2007
. . - is! \~D1I-\R\HRaV FAIN INSURANCE, INC
~-lf' ~\;., ~, pt.: ,-- .
lll\\\\\
SA
P~LIC NOTICE PUBLIC NOTICE PUBLIC:
February 28, 2006
BCC PUBLIC HEARING
NOTICE OF BAND DEVELOPMEN'
CODE CHANGE
,
Notice is hereby given that on February 28, 2006, at 9:00 A.M., as part of the regular BCC MI
Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F", Co
Government Center, 3301 East Thmiami Trail, Naples, Florida, the Board of County CommiS!
proposes to take under advisement amendments to the Collier County Land Deyelopment CO(
which is as follows:
AN ORDlNANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN'
AMENDING ORDINANCE ~ER04-41, ASAMENDBD, THE COLLIER, COUNTY LAND DE
. CQP~wmCH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT REGULATIO
UNINCORPORATED AREA OF 'COLLIER COUNTY, FLORIDA, BY, PROVIDING FOR: SI
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF Al
TO THE LAND DE~'CODE, M~ ~CALLY AMENDING THE
CHAPTER 1- GE~RALPROVISIONS, INCLUDING: SEC'I1ON 1.08,01 ABBRBVIATIONS. SEI
DEF1NTI'lONS; . ClfAPTER. 2 - ZONING DISTRlGTS ..A,l!ij)" USES, INCLUDING, SEC
OVERLAY ZONING DISTlUCTS, INCLUI)ING THE AOOrtJON OF THE GATEWAY TRIANGLl
OVERLAY DISTRICT, AND THE GOLDBN GATE DOWN1t>WN . CENTER COMMERCIA
DISTRICT (GGDCCOD). SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONIN
SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES, SECTION 2.06.03 Al
SYSTEM; CHAPTER 4 - SITE DBSIGN AND DEVELOPMENT STANDARDS, INCLUDIN
4 TABLE OF CONTENTS, SECTION 4.02.16 SAME"DEWLOPMENT IN THE BMUD-NEI(
COMMERCIAL SUBDISTRICT, SECI'ION 4.02.17 SAME-DEVELOPMENT IN THE BMUD-V
SUBDISTRICT, SECTION 4.02.18 SAME-DEVELOPMENT IN THE BMUD - RESIDENT
TRICT (Rl), SECTION 4.02.19 SAME-DEVELOPMENT IN THE BMUD - RESIDENTIAL 51
(R2), SECTION. 4.02.20 SAME-DEVELOPMENT IN THE BMUD - RESIDENTIAL SUDOl:
ADDmON OF SECTION 4.02.21 DESIGN STANDARDS FOR DEVELOPMENT IN TI
RESIDENTIAL NEIGijBORHOOD COMMERCIAL SUBDISTRICT (R4), DELETION OF 4.
DEVELOPMENT IN THE BMUD - RESIDENTIAL NEIGHBORHOOD COMMERCIAL S
(RNC), THE ADDmON OF SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN
- MIXED USE SUBDISTRICT (MXD), THE ADDmON OF SECTION 4.02.36 DESIGN STNi
DEVELOPMENT IN THE GTMUD - RESIDENTIAL SUBDISTRICT (R), THE AoDmONOF SEe
DESIGN STANDARDS FOR DEVELOPMENT IN THE GOLDEN GATE DOWNTOWN CENTER C(
OVERLAY DISTRICT (GGDCCOD); CHAPTER 10 - APPUCATION, REVIEW, AND DECISI
PROCEDURES, INCLUDING: SECTION 10.03.05 NOTICE RERUIREMENTS FOR PUBLIC HE
FORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE E.
HISTORIC PRESERVATION BOARD; SECTION FOUR, CONFLICT AND SEVERABILITY: SE
INCUSION IN THE AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SI
EFFECTIVE DATE.
All interested parties are
invited to appear and
be heard. Copies of the
proposed ordinance
are available for public
inspection in the Depart-
ment of Zoning and Land
Development Review,
Community Develop-
ment Services Center,
2800 N. Horseshoe
Drive, Naples, Florida,
between the hours of
8:00 A.M. and 5:00 P.M.,
Monday through Friday:
I ~ J6 I ~ 28 E " 27 II . f1!t E, I JIll! I "10 E I "31 I " U E I "U E
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ColII.r COUI
Florid.
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If a person decides to
appeal . any decision!
made by the Collier 'I 0
County Board of County I . ..... .. ..
Commissioners with I-._F _':'~~';":""":_
respect to any mat-.' .^~ "" -- .
ter considered at such meeting or hearing, he will need a record of the proceediI
such purpose he ma.y need to.. ensure that ~ verbatim reco~d of the proce~ding
which record includes the testimony and eVIdence upon which the appeal IS to
BOARD OF COUNTY COMMISSIONERS
r'\t""\.T T TM,n ,..,.t"'\Y'-"Tf'T\'T T'rr "T"t.T'I""<Io.....
BOTAI'
1'1'\
" ,
'f
C" Fl~orplan
5 ale square feet
ONLI
'r~ ~~.Ll"U1.~~ .
"
BOTANICAL. PLACE!
Condominiums & Town homes
located on Bayshore Drive, just minutes from
5th Avenue & 3rd Street South
and the Gulf Beaches.
Priced from $339,900.
Botanical Place, where your family blooms.
contact
8A
ORDINANCE NO. 06- 08
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND DEVELOPMENT REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS;
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER 1 - GENERAL PROVISIONS, INCLUDING: SECTION
1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS;
CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING,
SECTION 2.03.07 OVERLAY ZONING DISTRICTS, INCLUDING
THE ADDITION OF THE GATEWAY TRIANGLE MIXED USE
OVERLAY DISTRICT, AND THE GOLDEN GATE DOWNTOWN
CENTER COMMERCIAL OVERLAY DISTRICT (GGDCCOD),
SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING
DISTRICT, SECTION 2.05.01 DENSITY STANDARDS AND
HOUSING TYPES; CHAPTER 4 - SITE DESIGN AND
DEVELOPMENT STANDARDS, INCLUDING: CHAPTER 4 TABLE
OF CONTENTS, SECTION 4.02.16 SAME-DEVELOPMENT IN THE
BMUD-NEIGHBORHOOD COMMERCIAL SUBDISTRICT,
SECTION 4.02.17 SAME-DEVELOPMENT IN THE BMUD-
WATERFRONT SUBDISTRICT, SECTION 4.02.18 SAME-
DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT
(R1), SECTION 4.02.19 SAME-DEVELOPMENT IN THE BMUD-
RESIDENTIAL SUBDISTRICT (R2), SECTION 4.02.20 SAME-
DEVELOPMENT IN THE BMUD - RESIDENTIAL SUBDISTRICT
(R3), ADDITION OF SECTION 4.02.21 DESIGN STANDARDS FOR
DEVELOPMENT IN THE BMUD RESIDENTIAL
NEIGHBORHOOD COMMERCIAL SUBDISTRICT (R4), DELETION
OF SECTION 4.02.21 SAME-DEVELOPMENT IN THE BMUD -
RESIDENTIAL NEIGHBORHOOD COMMERCIAL SUBDISTRICT
(RNC), THE ADDITION OF SECTION 4.02.35 DESIGN
STANDARDS FOR DEVELOPMENT IN THE GTMUD - MIXED USE
SUBDISTRICT (MXD), THE ADDITION OF SECTION 4.02.36
DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD -
RESIDENTIAL SUBDISTRICT (R), THE ADDITION OF SECTION
4.02.37 DESIGN STANDARDS FOR DEVELOPMENT IN THE
GOLDEN GATE DOWNTOWN CENTER COMMERCIAL OVERLAY
DISTRICT (GGDCCOD); CHAPTER 10 - APPLICATION, REVIEW,
AND DECISION-MAKING PROCEDURES, INCLUDING: SECTION
10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS
BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD
OF ZONING APPEALS, THE EAC AND THE HISTORIC
PRESERVATION BOARD; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER
COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,
EFFECTIVE DATE.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners adopted Ordinance No. 91-102, the Collier County Land Development
Code (hereinafter LDC), which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June
Page 1 of 95
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8A
22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance
No. 91-102, as amended, the Collier County Land Development Code, which had an
effective date of October 18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar
year unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this is the second amendment cycle to the LDC for the calendar year
2005; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177
establishing local requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law,
did hold advertised public hearings on January 11, 2006, February 8 and February 28,
2006, and did take action concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this
Board to be consistent with and to implement the Collier County Growth Management
Plan as required by Subsections 163:3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
local government comprehensive planning and land development regulation act (F.S. 9
163.3161 et seq.), and F.S. 9 125.01 (1 )(t) and (1 )(w); and
WHEREAS; this ordinance is adopted pursuant to the constitutional and home
rule powers of Fla. Const. Art. VIII, 9 1 (g); and
WHEREAS, all applicable substantive and procedural requirements of the law
have otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida, that:
SECTION ONE:
RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein
as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the
following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida
Local Government Comprehensive Planning and Land Development Regulations Act
(herein after the "Act"), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec.
163.3202(1). Fla. Stat., mandates that Collier County adopt land development
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') ~
01
regulations that are consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the
adoption and enforcement by Collier County of land development regulations for the
total unincorporated area shall be based on, be related to, and be a means of
implementation for, the adopted comprehensive plan,
4. Section 163.3194(1 )(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
comprehensive plan, or element or portion thereof, and any land regulations existing at
the time of adoption which are not consistent with the adopted comprehensive plan, or
element or portion thereof, shall be amended so as to be consistent.
5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or" GMP") as its
comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat.,
and Rule 9J-5 F.A.C.
7. Section 163.3194(1 )(a), Fla. Stat., mandates that after a comprehensive
plan, or element or portion thereof, has been adopted in conformity with the Act, all
development undertaken by, and all actions taken in regard to development orders by,
governmental agencies in regard to land covered by such comprehensive plan, or
element or portion thereof shall be consistent with such comprehensive plan or element
or portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land
development regulation shall be consistent with the comprehensive plan if the land
uses, densities or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government.
9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved
or undertaken by a local government shall be consistent with the comprehensive plan if
the land uses, densities or intensities, capacity or size, timing, and other aspects of
development are compatible with, and further the objectives, policies, land uses,
densities, or intensities in the comprehensive plan and if it meets all other criteria
enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991 and may be
Page 3 of 95
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8t
amended twice annually, The Land Development Code adopted in Ordinance 91-102
was recodified and superseded by Ordinance 04-41 .
11. Collier County finds that the Land Development Code is intended and
necessary to preserve and enhance the present advantages that exist in Collier County;
to encourage the most appropriate use of land, water and resources consistent with the
public interest; to overcome present handicaps; and to deal effectively with future
problems that may result from the use and development of land within the total
unincorporated area of Collier County and it is intended that this Land Development
Code preserve, promote, protect and improve the public health, safety, comfort, good
order, appearance, convenience and general welfare of Collier County; to facilitate the
adequate and efficient provision of transportation, water, sewerage, schools, parks,
recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to
protect human, environmental, social and economic resources; and to maintain through
orderly growth and development, the character and stability of present and future land
uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and
through these amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS
Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
1.08.01 Abbreviations
APZ: Accessory ParkinQ Zone
BMUD: Bayshore Mixed Use District
GTMUD: Gatewav TrianQle Mixed Use District
MUP: Mixed Use Proiect
NFIP: National Flood Insurance ProQram
SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02
Definitions
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Accessory oarkinq zone (APZ) - Residentially zoned lots havinQ a common lot
line with, and under same ownership or leqal control (lease, easement, etc.) as
Subdistrict NC and used for oarkinQ only.
Page 4 of 95
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Accessory unit - An accessory unit is a separate structure related to the primary
residence for uses which include, but are not limited to: library studio, workshop,
playroom. or questhouse.
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Awninq -Temporary canvas or other material coverinq extendinq from and
attached to the facade of a buildina. without qround supports.
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Fronf yard build-fa-line - The line to which a buildinq facade must be built, not a
minimum distance.
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Housing, affordable-workforce: means residential dwelling units with a monthly
rent or monthly mortgage payment, including property taxes and insurance, not
in excess of 1/12 of 30 percent of an amount which represents a range of
median adjusted gross annual income (median income) for households as
published annually by the U.S. Department of Housing and Urban Development
within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02),
specifically including the following subsets:
Rental workforce housing less than 50 percent of median income otherwise
considered to be "very-low income".
Rental workforce housing~ less than from 51 percent--60 percent of median
income, otherwise considered to be "low income".
Owner occupied workforce housing: 50 percent or less of median income,
otherwise considered to be "very-low income".
Owner occupied workforce housing: 51 percent--60 percent of median income,
otherwise considered to be "low income".
Owner occupied workforce housing: 61 percent--80 percent of median income,
otherwise considered to be "low income".
Owner occupied qap housinq: 81 percent--150 percent of median income.
The term affordable housing is specifically intended to include affordable-
workforce housing.
Housinq, Gap: means residential dwellinq units with a monthly rent or monthly
mortqaqe payment. includinq property taxes and insurance, not in excess of
1/12 of 30 percent of an amount which represents a ranqe of median adiusted
qross annual income (median income) for households as published annually bv
the U.S. Department of Housinq and Urban Develooment within the Naples
Metropolitan Statistical Area (MSA) (See section 2.05.02). specifically including
the followinq subset:
The term "qap housinq: 81 percent--150 percent of median income" is
specificallv intended to include similar cateqories. such as "Essential Personnel
Housinq", "Professional Housinq", and "Reasonably Priced Housinq". Gap
housinq is intended to provide housinq for households fallinq above the federal
and state assistance quidelines, but still unable to afford market priced homes.
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Mixed Use Proiect Approval Process - A process by which a land owner may
petition the BCC for approval of a mixed use proiect - a mix of commercial and
Page 5 of 95
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8A
residential uses, as provided for in certain zoninq overlay districts. If located
within certain subdistricts in the Bayshore Drive Mixed Use Overlay District or
the Gateway Trianqle Mixed Use Overlay District, such a petition may include a
request for increased density by use of bonus density pool units.
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Streetscaoe Zone The streetscape zone is the space between the front yard
build-to-Iine and the property line.
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Streetwall - A freestandinq wall parallel with the facade of an adiacent building
for the purpose of screeninq parkinq from the street.
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SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.07
Overlay Zoning Districts
I. Bayshore Drive Mixed Use Overlay District.
Special conditions for the properties adjacent to Bayshore Drive as referenced
on BMUD Map 1; and further identified by the designation "BMUD" on the
applicable official Collier County Zoning Atlas Map or map series.
1.
~'::' ~~.rpose and intont of this distriot isIe enoourago rovita~z=n :~~
tho Bayshore Dnvo cOrridor by providing opportunrtlos fo II ~~
mixod usa dovolopmont. This district is intondod to: rovit3.~~o tho
commorcial 3nd residontial dovolop~ont along this corri~or; on~~~co ;~o
watorfront; oncourago on streot parking and shared parking 1aoll G d
~~o~e appropriato landsoaping and bufforing between the ~r==
of usos; and protoot and onhanco tho noarby slnglo bml 8 ,
units. Tho typos of usos pormittod aro 10'N intonsity retail, ottico, P~~;~~;I
servico ~md residontial usos.
1.
Puroose and Intent.
a. Bayshore Drive Mixed Use Overlay District is to encourage
revitalization of Bayshore Drive and its environs which is part of the
Bayshore / Gateway Trianqle Redevelopment Overlay with
Traditional Neiqhborhood Desiqn (TND) proiects. TNDs are
typically human-scale, pedestrian-oriented. interconnected proiects
with a mix of commercial uses includinq retail, office and civic
amenities and residential uses that complement each other.
Residential uses are often located above commercial uses, but can
be separate areas of residential use only with close proximity to
commercial uses. An interconnected street system is the basis for
the transportation network. BuildinQs, both commercial and
residential, are typically located near the street, and may have front
porches and/or balconies.
2. Applicabilitv
a. These regulations shall apply to the Bayshore Drive Mixed Use
Overlay District as identified on BMUD Map 1 and further identified
by the designation "BMUD" on the applicable official Collier County
Page 6 of 95
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- ~..~,._~>"-_.._"".<,-_.~.~-
8t
Zoning Atlas Maps. Except as provided in this section of the LDC,
all other uses, dimensional and development requirements shall be
as required in the applicable underlying zoning category.
b. Existinq Planned Unit Develooments (PUDs) are not included in
the Bayshore Overlay District requirements; however, PUDs
approved after [the effective date of this
ordinance] are included in the Bayshore Overlay District and must
comply with the requirements stated herein.
3. Garagos and drivo'Nays.
a. Tho roar sotback may bo roduood to ton foot if a front accoss
garago is constructod on tho roar of tho rosidonco.
b. Tho maximum width of garago doors is 16 foot.
c. Only ana drivoway is allowod par 50 linoar foot of front proporty
Iino. Tho maximum '1.'idth of the drivow3Y at tho right of way lino is
18 foot.
d. Other than tho pormittod drivoway, tho front yard may not bo pavod
or otholv.'iso usod to accommodato parking.
e. Garagos must bo rocossod a minimum of throo foot bohind tho
front facado of tho prim3ry rosidonco.
f. No carports aro pormittod.
g. Tho distanco from tho back of tho sidowalk to tho garago door must
be at loast 23 foot to 3110'll room to park a '.'ohiclo on tho drivoway
'.vithout parking ovor tho sido'Nalk. Should tho garago bo sido
load ad thoro must bo at loast a 23 foot pavod aroa on 3
perpondicular plana to tho garago door or plans must onsuro that
parkod vohiclos will not interloro '.\lith podostrian tr3ffic.
BMUD Map No.1
Page 7 of 95
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8.
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BWD:R1-
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W1NOITAIlI PU:t.
boIudN "- IllUD
--~_.-
BMUD-R1
(RM':~_=
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..1
BMUD-R3 RMF.S
BayshDre Mixed Use Overlay District
BMUD.NC Nolghborhood Commorclol Subdl.trtct
APZ Aceo..ory Parking Zono
BMUD-W W.torfront Subdl.lllct
IOTANlCAI. PI..ACI
PUD'~1rDIn
IMUO
BMUD.R1 Ro.'dont,., Subdl.trtct1
BMUD-R2 Ro.ldontlal Subdl.trtct2
.
BMUD-R3 Ro.,dont'a' Subdl.bict3
CfIltfUll; POlHTI PlID
rx.~..... MUD
.
BMUD.R4 Ro.ldontlal Subdl.trtct4 S
(XXX)
Undor Lying Zoning
BMUD.Rl
(RSF-4)
Future Land Use
~
Activity Contwr 16
BMUD.Rl
. . .. eRA Boundary
BMUD-R4
(RSF-3)
BMUD-~'
(RSF-4) ;~._.
1:j.'_JL..__I'
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MJTANICH.. GNtDIN PUrl
......... hmMUD
~=-=flUD .
NORTH
BMUD.Rl
(~~~=-
-......-----:-:.=-~
&ALU MY PUD.
rm.....,',....Ill.JD
SAIIA.lItAVItUD.
EQludM Iran BUUD
.
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Page 8 of 95
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-"~'--""'--""-"'.~_..---.._._,--,"-,.~
o .~
Or
c. Property owners may follow existinq Collier County Land
Development Code requlations of the underlyinq zoning
classification, or may elect to develop/redevelop under the mixe~
use provisions of the BMUD Neiqhborhood Commercial (NC) or
Waterfront (W) Subdistricts of this overlay, throuqh a mixed use
project aporoval from the BCC. However, in either instance,
BMUD site develooment standards are applicable, as provided fo;
in section 2.03.07 1.5.h. of this Code.
3. Mixed Use Project Aooroval Process.
d.
a.
Owners of property in the Neighborhood Commercial IBMUD-NCj
and Waterfront (BMUD-W) Subdistricts may petition the Board of
County Commissioners for mixed use project approval. The
application for MUP aooroval shall aCknowledqe that the owner shall
not seek or request, and the County shall not thereafter qrant or
approve, any additional uses beyond those allowed in the C-1
throuqh C-3 zoninq districts. The application shall be accompanied
b a conce tual site Ian demonstratin com Iiance with the criteria
in section 10.03.05.G.
b.
There shall be a public hearinq before the BCC leqally noticed and
advertised pursuant to section 10.03.05.G. If apProved by the BCC,
such approval shall be by resolution.
c.
Once a Mixed Use Proiect has been approved by the BCC, the
applicant shall submit a site develooment plan (SDP), based on the
conceptual site plan approved by the BCC and meetinq the
requirements of section 10.02.03 B. 1. of this Code. to the Communi~
Development and Environmental Services Division within six months
of the date of approval. This SDP must be determined as sufficient
and accepted for review by the Division within 30 days of submittal.
After the SDP has been approved, the approved project shall be
identified on the Collier County official zoninq atlas map, usinq the
map notation MUP. If a MUP approval expires, as set forth below,
the map notation shall be removed from the official zoninq atlas map.
The burden is on the applicant to submit an SDP application in a
timely manner, to be responsive to the County's SDP review
comments, and to commence construction in a timely manner after
SDP approval has been qranted.
MUP approval shall expire and any residential density bonus units
shall be null and void if any of the fOllowinq Occur:
i. The SDP is not submitted within six months of MUP approval
by the BCC.
ii. The SDP is not deemed sufficient for review within 30 days of
submittal.
iii. The SDP under review is deemed withdrawn and cancelled,
pursuant to section 10.02.03.B.4.a.
iv. The SDP is considered no lonqer valid, pursuant to section
10.02.03.B.4.b. and c.
e. Once a property owner, throuqh a MUP approval. elects to develop
or redevelop a mixed use proiect under Neiqhborhood Commercial
NC or Waterfront W Subdistricts then the . ro~erty shall be
developed in compliance with all provisions of the overlay and cannot
revert back to the underlyinq zoninq district.
Page 9 of 95
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. ".._------~--_...~
8A
4. Bonus Densitv Pool Allocation
Under the Collier County Future Land Use Element. 388 bonus density
units are available for reallocation within the Bayshore/Gateway Trianqle
Redevelo ment Overla . The Count Mana er or desi~nee will track the
Bonus Densitv Pool balance as the units are used. These 388 bonus
densit units ma be allocated between this BMUD overlav and the
Gateway Trianqle Mixed Use Overlay District, and shall only be allocated
throuqh the MUP aoproval orocess.
To ualif for u to 12 dwellin units er acre ro:ects shall comlJly with
the followinq criteria. This density of UP to 12 dwellina units per acre is
only applicable until the bonus density pool has been depleted.
a. The project shall be within either the Neiqhborhood Commercial or
Waterfront Subdistricts, and shall be a mixed use project - mix of
commercial and residential uses, as set forth in 1.a., above.
b. Base density shall be as per the underlYinq zoninq district. The
maximum density of 12 units per acre shall be calculated based
u on total ro'ect acrea e. The bonus dens it. allocation is
calculated by deductinq the base density of the underlyinq zoning
classification from up to the 12 unit maximum beinq souqht. The
difference in units per acre determines the bonus density allocation
requested for the proiect.
c. For proposed proiects, only the Affordable Housinq Densitv Bonus,
as provided in the Densitv Ratinq System, is allowed in addition to
the eliqible bonus density units provided herein as the entire
BMUD is within the Coastal Hiqh Hazard Area (CHHA).
d, The proiect shall comply with the standards for mixed use
development set forth in the Bayshore Mixed Use Overlay District.
e. For proiects that do not comply with the requirements for this
density increase, their density is limited to that allowed by the
Densitv RatinQ System and applicable FLUE Policies.
5. Bayshore Mixed Use District (BMUD) Subdistricts
a. Neighborhood Commercial Subdistrict (NC). The purpose and
intent of this subdistrict is to encourage a mix of low intensity
commercial uses and residential uses. Developments will be
human-scale and pedestrian-oriented. For mixed use proiects onlYl
subiect to the MUP aoproval process in Sec. 2.03.07.1.3., refer to
Tables 1 and 2 for permitted uses. Otherwise, permitted uses are
in accordance with the underlyinQ zoninq district.
b. Waterfront Subdistrict (W). The purpose of this subdistrict is to
allow maximum use of the waterfront for entertainment while
enhancing the area for use by the general public. Development
standards for the district are the same as those set forth for the
Neighborhood Commercial Subdistrict, except for the standards set
forth in section 4.02.17 For mixed use proiects only, subiect to the
MUP aporoval orocess in Sec. 2.03.07.1.3., refer to Tables 1 and
2 for permitted uses. Otherwise, permitted uses are in accordanc~
with the underlyinq zoninq district.
c. Residential Subdistrict 1 (R1). The purpose of this subdistrict is to
encourage the development of a variety of housinq types which are
compatible with existinq neiQhborhoods and allow for building
Page 10 of 95
Words struck tAfOHgh are deleted, words underlined are added
8i
additions such as front porches. The intent in new develooment is
to encouraQe a traditional neiQhborhood desiqn pattern. Refer to
Tables 1 and 2 far permitted uses in this subdistrict. MUitifa~~
rasldGncas :~ ~~~~~nai usa bGI~::. :":~~~ ~=b~
~~'i~~'~~~:mpa~~n:~~:~~~adG o~~j;.,~;:~ ~:f s::::
~~~h:;:;h~~~ ~osign. ThG inlGnt is ta ema: ~ ~~';,~ ;:~~~i;~
unIts wIth uniform front yard sotbacks and ac e s.
d.
Residential Subdistrict 2 (R2). The purpose of this subdistrict is to
encourage the development of multi-family residences as
transitional uses between commercial and single-family
development. The multi-family buildings shall be compatible with
the building patterns and bC3do 3.rticulation of traditional
neighborhood design. Refer to Tables 1 and 2 for permitted uses in
this subdistrict.
e.
Residential Subdistrict 3 (R3). The purpose of this subdistrict is to
allow the development of mobilo home, modul3r homo, townhouses
and single-family residences. All new development in this
Subdistrict shall be compatible with the building patterns aM
facado 3rticu13tion of traditional neighborhood design. Refer to
Tables 1 and 2 far 12ermitted uses in this subdistrict. ~:~i::~~:~
~~oa;~~ ~~~ O~:~Sidontial units 't:ith consistont front I I
aAd assess to the stroot.
a.
Minimum lOT width:
Singlo f3mily: 40 foot.
Modular homos: 40 foot.
Townhouses: 25 foot.
Mobile homes: 40 foot.
b.
~~hd r~~::~~nts. Tho followi~g yard roquiromonts 3ro in relation
te tho J3lattod proporty boundanos.
Front Yard ,^,t Min, Sido Yard Min. Roar Y3rd
Ono (Singlo) 10 foot &-feet 8-feet
Family Dwolling
tJffits
Modular Dv'.'olling 1 0 foot &-feet 8-feet
tJffits
T o'Nnhouso 1 0 foot o foot whon 8-feet
ABUTTING
anothOF
townhouso, if not
than 5 foot
Mobile Homos 1 0 feot &-feet 8-feet
f.
Residential Subdistrict 4 (R4). The Purpose of this subdistrict is the
same as Residential Subdistrict R 1 except only sinqle-family
detached dwellina units are permitted, Refer to Tables 1 and 2 for
permitted uses in this subdistrict~
g.
::~:ti:~ N~t~a~haad CammOFGiai Subdiclrict ~~) T~:
~~~~~~i ~~~ i~t.~~t of this subdistrict is to ~[k;'; Ii'f ho
essYJ3at,oA31 bus/nessos.
Mixed Use Activit Center Subdistrict Portions of the Bavshore
Overlay District coincide with Mixed Use Activitv Center #16
desiqnated in the Future Land Use Element (FLUE) of the Collier
Caunt Grawth Mana ement Pian. Develo. ment in the activit~
center is Qoverned by requirements of the underlyinQ zoninQ district
Page 11 of95
Words stmek through are deleted, words underlined are added
~'.- '"-"~....."~_._~-"-...-.._-_.....,~ "--'-' ,....
81
and the mixed use activity center subdistrict requirements in the
FLUE, except for site development standards as stated in section
4.02.16 of this Code.
h. All subdistricts. Develooment within all subdistricts of the BMUD
shall be subiect to the site develooment standards as stated in
sections 4.02.16 throuqh 4.02.21 as applicable. The subdistrict site
develooment standards shall also apply to property developed in
conformance with the underlyinq zoninq classification.
Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts
- N - ~
C"')
p = permitted i .... . I I
<<l I ~ a: ~
'u ~ -
... ::::.
GI - - - -
E = permitted with certain exceptions - (.) (.) (.) (J
E (.) '0: '0: '0: '0:
E '0: - - - -
- en en en en
0 en :t; :t; :t; :t;
Blank cell = prohibited (also see table of 0 :t; .0 .0 .0 .0
conditional and accessory uses) 'C .0 :::I :::I :::I :::I
:::I
Q) 0 U) U) en en (/)
1:l 0
0 .c - ca ca ca ca
<.) ... Ie:; s:: :;:; :;:; :;:; :;:;
<.) 0 0 s:: s:: s:: s::
...
.0 !: 't: (I,) (I,) (I,) (I,)
(f) .c 'C 'C 'C :2
~ - (I,) 'in 'in 'in
- en
(I,) (J <<l (I,) (I,) (I,) GI
Z '0: ;: a: a: a: a:
-
C en C C C C C
:t;
::> .0 ::> ::> ::> ::> ::>
Land Use Type or Category ~ :::I ~ ~ ~ ~ ~
m (/) m m m m m
Accountina Services 8721 E E
Administrative Service Facilities
Adult Day Care Facilities & Centers ~
AQricultural Activities
Aaricultural Outdoor Sales
Aaricultural Services 0741 ,0742,
0752-0783
0711, 0721 ,
Aaricultural Services 0722-0724,
0762, 0782,
0783
Aaricultural Services 0723
Aircraft and Parts 3721-3728
Airport - General Aviation
Amusement & Recreation Services 7911,7991
Amusement & Recreation Services 7999 tourist
I auides onlv
Ancillary Plants
Apparel & Other Finished Products 2311-2399
Apparel & Accessory Stores 5611-5699 E E
Appraisers
Artist Studios: Paintinq, drawinq, araohics,
fine wood workina, , mixed media, fiber art
(weavinq), qlass, custom iewelry, clay 7922 E E
(ceramics/oottery), sculpture, photoqraOhy,
dance. drama. and music
Architectural, Enaineerinq, SurveYing 0781,8711- E E
Services 8713
Assisted Livinq Facilities
Page 12 of 95
Words struck through are deleted, words underlined are added
-_._._"...._---"'--,....-.~..,',._-,~"''"."....--,_.,.~-.._.-,-'-'
8J
-- N - ~
M
P = perm itted 7ii i ,... I I I
I !; 0:: !;
'u e -
.. :::
(I,) - - - -
E = permitted with certain exceptions - (J (J (J (J
E (J '0::: '0::: '0::: '0:::
E '0::: - - - -
- III III III III
0 III :s :s :s :s
Blank cell = prohibited (also see table of (,) :s
.c .c .c .c .c
conditional and accessory uses) "C :J :J :J :J :J
(J) 0 en en en en en
'"0 0
0 .c - 1tI 1tI 1tI 1tI
() .. 16 r:: :;= :;= :;= :;=
g 0 0 r:: r:: r:: r::
..
.c ,~ 't: (I,) (I,) (I,) (I,)
en .c "C "C "C "C
:2 CD
- - '0 '0 '0 '0
(I,) (J 1tI (I,) (I,) (I,) CD
Z '0::: == 0:: 0:: 0:: 0::
-
C III C C C C c
:s
::J .c ::J ::J ::J ::J ::J
Land Use Type or Cateaorv :!: :J :!: :!: :!: :!: :!:
m en m m m m m
Attorney Offices & Leaal Services ID.11 .E .E
Auctioneerina Service, Auction Rooms and 7389,5999
Houses
Auto and Home SuoPlv Store 5531
Automobile Parking 7521
Automotive Repair, Services, and Parking 7514, 7515,
7521 7542
Automotive Reoair, Services, and Parking 7513-7549
Automotive Services
Automotive Dealers and Gasoline Service 5511 , 5531,
Stations 5541.5571 ,
5599
Barber Shoos or Colleaes 7241 .E .E
Beauty Shops or Schools 7231 .E .E
Bikina Trails
Bowlina Centers 7933
Buildina Construction 1521-1542
Buildina Materials 5211-5261
Buildina Materials, Hardware, Garden 5231 - 5261
SUDolies
Business Associations 8621
Business Reoair Service
7311,7313,
7322-7331,
Business Services 7338, 7361,
7371, 7372,
7374-7346,
7379
7311-7313,
Business Services 7322-7338,
7361-7379,
7384
7311,7313,
Business Services 7322-7338, .E .E
7384
7311-7313,
Business Services 7322-7338,
7361-7379.
7384 7389
7311-7352,
Business Services 7359, 7361-
7397. 7389
Business Services 7311-7353,
7359
7312.7313,
Business Services 7319,7334-
7336. 7342-
Page 13 of 95
Words stfHck through are deleted, words underlined are added
SA
.- N - ~
M
P = perm itted iU ~ .... I I I
I !! a: e
'u ~ -
... ;;;..
(I,) .... .... - ....
E = permitted with certain exceptions .... (.) (.) (.) (.)
E (.)
.;: .;: ';: .;: .;:
E .... .... .... ....
.... .~ I/) I/) .~
0 I/) ~ ~
Blank cell = prohibited (also see table of 0 ~ 't:l "C
.Q .Q .Q .Q .Q
conditional and accessory uses} 't:l :J :J :J :J :J
Q) 0 en CJ) en CJ) CJ)
" 0
0 ~ .... iU C'C C'C C'C
() ... G c ;:; ;:; ;:; ;:;
S:? 0 0 c c c c
...
.Q ~ 't: (I,) (I,) (I,) (I,)
en ~ "C "C :2 't:l
:2 - (I,) 'iij 'iij 'iij
.... I/)
(I,) (.) ~ (I,) Q) (I,) (I,)
.;:
z - a: a: a: a:
c I/) c c c c c
~
:J .Q :J :J :J :J :J
Land Use Type or Category :is :J :is :is :is :is :is
m CJ) m m m m m
7389
Business Services 7311
7312. 7313,
7319.7331 .
7334- 7336,
Business Services 7342. 7349.
7352, 7361,
7363. 7371-
7384 7389
7311.7313,
7322-7331 .
Business Services 7335-7338,
7361. 7371.
7374-7376,
7379
Business/Office Machines
Canoe Rental .E
Canoeinq Trails
Care Units
Carwashes 7542
Cateqory " Group Care Facilities
Child Care - Not for Profit
Child Day Care Services 8351
Churches & Places of Worship
Civic and Cultural Facilities .E .E
CollectionfTransfer Sites
Commercial Printing 2752
Communications 4812-4841
Comm unications 4812-4899
Communication Towers
Construction
Construction - Heavy
Construction - Special Trade Contractors 1711-1793.
1796 1799
Construction - Soecial Trade Contractors 1711-1799
Continuinq Care Retirement Communities
Depository Institutions 6011-6099
Deoositorv Institutions 6011 . 6019,
6081 6082
Page 14 of 95
Words struck throl1gh are deleted, words underlined are added
..._,.".~w._.~~""_",.........."... "'~__<'''-''~''''_''''__'_
C
{'i". ~~
~, d
- N - ~
M
P = permitted iij .... I I I
;: I e a: e
'(3 !!; -
... ""
(I,) - - - -
E = permitted with certain exceptions - (,) (,) (,) (,)
E (,) .;: .;: .;: .;:
E .;: - - - -
- .!!! .!!! .!!! .!!!
0 III
Blank cell = prohibited (also see table of 0 :c "C "C "C "C
.Q .Q .Q .Q .Q
conditional and accessory uses) "C :J :J :J :J :J
<1l 0 en (J) (J) en en
"0 0 iij iij
0 J: - ll:l ll:l
() ... 1(3 c: :;:; :;:; :;:; :;:;
() 0 0 c: c: c: c:
...
.Q I~ 't: Ql (I,) (I,) (I,)
C/) J: "C "C "C "C
:2 - Ql 'iij 'iij 'iij 'iij
-
(I,) (,) ll:l (I,) (I,) (I,) (I,)
z .;: == a: a: a: a:
-
c .!!! c c c c C
::l "C ::l ::l ::l ::l ::l
.Q
Land Use Type or Category :E :J :E :E :E :E :E
m (J) m m m m m
6021-6062,
Depository Institutions 6091 ,6099,
6111-6163
Depository Institutions 6021-6062
Drinkina Establishments and Places 5813
Druq Stores 5912 f f
Druqs and Medicine 2833-2836
Eatinq Establishments and Places 5812 E1 P
Educational Plants
Educational Services 8211-8231
Educational Services 8243-8249
Educational Services 8221-8299
Educational Services 8211-8244,
8299
Electronic Eauipment & Other Electrical 3612-3699
Eauioment
Enqineerinq, Accountinq, Manaqement and 8711-8748
Related Services
Enqineerinq, Accountinq, Manaqement and 8711-8713 f f
Related Services
Equestrian Paths
Essential Services2 f f f f P f
Excavation
Fabricated Metal Products 3411-3479,
3419-3499
Fairqrounds
Family Care Facilities
Fishinq Piers
Fish inq/H u ntinqfT rappinq 0912-1919
Fixture Manufacturinq
2034,2038,
2053, 2064,
Food Manufacturina 2066, 2068,
2096,2098,
2099
Food Products 2011-2099
Food Stores 5411, 5421- E3 f
5499
1 Except concessions stands, contract feedinq. dinner theaters, drive-in restaurants. food services (institutional), industrial feedinq,
2 For requirements pertaininq to Essential Services. see section 2.01.03 of this code.
3 Except convenience stores and supermarkets.
Page 15 of 95
Words strMck through are deleted, words underlined are added
81
.- N - ~
M
P = perm itted 3: .- I I I
"' I e a: e
'u ~ -
.. :;;..
(I,) - - - -
E = permitted with certain exceptions - (J (J (J (J
E (J .;: .;: .;: .;:
E .;: - - - -
- en .!!! .!!! .!!!
0 .!!! :s
Blank cell = prohibited (also see table of () "C "C "C "C
.c .c .c .c .c
conditional and accessory uses) "C :J :J :J :J :J
Q) 0 en C/) C/) C/) en
"'0 0
0 s::. - "' "' iO "'
() .. G c: :;:; :;:; :;:; :;:;
() 0 0 c: c: c: c:
..
.c ~ 't: (I,) (I,) (I,) (I,)
en s::. "C "C "C "C
:2 - (I,) 'iij 'iij 'iij 'iij
-
(I,) (J "' (I,) (I,) (I,) (I,)
z .;: 3: a: a: a: a:
-
c ,!!! c c c c c
:::> "C :::> :::> :::> :::> :::>
.c
Land Use Type or Category :iE :J :iE :iE :iE :iE :iE
m en m m m m m
Food Stores 5411-5499
Fraternal Orqanizations
Funeral Services and Crematories 7261
Furniture & Fixtures Manufacturinq 2511-2599
Gasoline Services Stations 5541,5511-
5599
General Contractors 1521-5261
General Merchandise Stores 5311 -5399 P P
Glass and Glazinq Work 1793
Golf Courses
9111-9222,
9224-9229,
Government Offices/Buildinqs 9311,9411-
9451.9511-
9532, 9611-
9661
Group Care Facilities
Gunsmith Shop 7699
Hardware Stores 5251
Health Food Stores
Health Services 8011-8049
Health Services 8011-8049. .E .E
8082
8051-8059 ,
Health Services 8062-8069,
8071.8072,
8092-8099
Heavy Construction 1611-1629
Hiking Trails
Home Furniture, Furnishings, Equipment 5712,5719, p .E
Store 5731-5736
Home Furniture, Furnishings, Equipment 5712-5736
Store
Home Supply Store 5531
Hotels and Motels 7011 , 7021 ,
7041
Hotels and Motels 7011 E4 E4
Houseboat Rental 7999
Individual & Family Social Services
4 Except hostels
Page 16 of 95
Words struck thro1:lgh are deleted, words underlined are added
8
.- N - ~
('I')
p = perm itted i .... I I I
lI:I I e a:: e
'u ~ -
... ::;:; - - - -
E = permitted with certain exceptions (I,) - (.) (.) (.) (.)
E (.)
.;: .;: .;: .;: .;:
E - - - -
- III III .!!! .!!!
0 .!!! :c :c
Blank cell = prohibited (also see table of 0 'C "C "C
.c .c .c .c .c
conditional and accessory uses) 'C :::J :::J :::J :::J :::J
Q) 0 CJ) CJ) CJ) CJ) en
'D 0
0 J: - lI:I ili ili lI:I
U ... 0 s:: += += += +=
g 0 0 s:: s:: s:: s::
...
.c ~ 't: (I,) (I,) (I,) (I,)
(f) J: "C "C 'C 'C
:2 - (I,) 'Iii 'Iii 'Iii 'Iii
-
(I,) (.) ~ (I,) (I,) (I,) (I,)
.;:
z - a:: a:: a:: a::
c III C C C C c
:c
:) .c :) :) :) :) :)
Land Use Type or Category :iE :::J :iE :iE :iE :iE :iE
m CJ) m m m m m
Industriallnorqanic Chemicals 2812-2819
Industrial. Commercial, Computer 3511 -3599
Machinerv and EauiDment "'c
Insurance Aqencies. Brokers, Carriers 6311-6399, E E
6411
Insurance aqents, brokers, and service. 6361 and
includina Title Insurance 6411
Investment/Holdinq Offices 6712-6799
Job Traininq & Vocational Services 8331
Justice. Public Order & Safety 9221, 9222,
9229
Labor Pool 7363
Labor Unions 8631
Lakes Operations 7999
Larae Aopliance Reoair Service 7623
Leaal Services 8111 E E
Leather Products 3131-3199
Libraries 8231
Local and Suburban Transit 4111 -41 21
Local and Suburban Transit 4131-4173
Lumber and Wood Products 2426.2431-
2499
Manaqement & Public Relations 8741-8743. E E
8748
Manaaement Services 8711-8748 E E
Marinas 4493.4499 E E
Measurinq, Analyzinq and Controllinq 3812-3873
Instruments
Medical and Optical Goods 3812-3873
Medical Laboratories and Research & 8071. 8072.
Rehabilitation Centers 8092 8093
Membership Orqanizations 8611-8699 E E
Membership Orqanizations 8311,8631
Membershio Orqanizations 8611
Membership Orqanizations 8611.8621
Misc. Manufacturinq Industries 3911-3999
Miscellaneous Plastic Products
Page 17 of95
Words struck throl:lgh are deleted, words underlined are added
".", .....__.._.._.~_.,.-
8J
.- N - ~
M
P = perm itted iii ~ ,... . I I
I !:!: a:: !:!:
'u e; -
... :;;;. - - - -
E = permitted with certain exceptions (I,) - () () () ()
E () ';: .;: .;: .;:
E .;: - - - -
- 1/1 1/1 1/1 1/1
0 1/1 :s :s :s
Blank cell = prohibited (also see table of 0 :s "C
J:l J:l J:l J:l
conditional and accessory uses) "C J:l ::J ::J ::J ::J
::J
Q) 0 en en (J) (J) en
"'0 0
0 .c - I'll I'll I'll I'll
U ... '0 c :;::: :;::: :;::: :;:::
g 0 0 c c c c
...
J:l I~ 't: (I,) (I,) (I,) (I,)
C/) .c 'C 'C "C "C
:2 - (I,) 'ijj 'ijj 'ijj 'ijj
-
ell () I'll ell ell (I,) (I,)
Z .;: ~ a:: a:: a:: a::
-
c 1/1 C C C C C
:J :c :J :J :J :J :J
:i!! J:l :i!! :i!! :i!! :i!! :i!!
Land Use Type or Category ::J
lXl (J) lXl lXl lXl lXl lXl
Miscellaneous Repair Service 7622, 76295 E5 E6
7631 76996
Miscellaneous Reoair Service 7622-7641,
7699 ............
Miscellaneous Repair Service 7622-7699
Miscellaneous Retail Services 5912,5942-
5961
Miscellaneous Retail Services 5912-5963
Miscellaneous Retail Services 5912-5963,
5992-5999
5912,5932-
Miscellaneous Retail Services 5949,5992- 1: 1:
5999
Mobile Home Dealers 5271
Motion Picture Production 7812-7819
Motion Picture Theaters 7832
Motor Freiqht Transportation and 4225
Warehousina
Motor Homes P 1: 1: P
Multi-Family Dwellinqs
Museums and Art Galleries 8412 1: 1:
Nature Preserves
Nature Trails
Non-Depository Credit Institutions 6141-6163
Non-Depository Credit Institutions 6111-6163
Non-Deoository Institutions 6011-6163
Non-Depository Institutions 6011 , 6019,
6081.6082
6021-6062,
Non-Depository Institutions 6091 ,6099,
6111-6163
Nursinq Homes 8051,8052,
8249
Office Machine Repair Service 7629- 7631
Oil & Gas Exploration
Open Space
Outdoor Storaqe Yard
Paint, Glass, Wallpaper Stores 5231
Paper and Allied Products 2621-2679
5 Exce t Aircraft business and office machines lar e a Iiances and white oods such as refri~erators. and washin" machines.
Antique repair and restoration, except furniture and automotive on Iv. bicvcle repair shops onlv and rod and reel repair.
Page 18 of95
Words struck throHgh are deleted, words underlined are added
8 f\
- N - ~
('I)
p = oermitted ~ .... I I .
ctl I e: a: e:
'(j e: -
... :::::
GI - - - -
E = oermitted with certain exceotions - (J (J (J (J
E (J '0: '0: '0: '0:
E '0: - - - -
- .!!.! l/I l/I l/I
0 l/I :c :c :a
Blank cell = orohibited (also see table of 0 :c "C
.0 .0 .0 .0
conditional and accessory uses) 'tl .0 :;, :;, :;, :;,
:;,
OJ 0 en en en en en
"'Cl 0 m m
0 .c - ctl ctl
() ... 6 c ;: ;: ;: ;:
() 0 0 c c c C
.0 ...
~ 't: (I,) (I,) (I,) GI
(/) .c 'tl 'tl 'tl "C
:2 - (I,) 'iij 'iij 'iij 'iij
-
(I,) (J ctl (I,) GI (I,) (I,)
Z '0: :: a: a: a: a:
-
c .!!.! c c c c c
;:) "C ;:) ;:) ;:) ;:) ;:)
.0
Land Use Tvoe or Category :!: :;, :!: :!: :!: :!: :!:
IX] en IX] IX] IX] IX] IX]
Park Model Travel Trailers
Park Service Facilities
Parkina Facilities E E
Parkina Services E E
Parks, Public or Private P E
Parochial Schools - Public or Private 8211
Party Fishinq Boats Rental 7999 E
Performinq Arts Theater? 7922
Personal Services 7291 E E
7212-7215,
Personal Services 7221-7251 .
7291
Personal Services 7212, 7215,
7221-7251
Personal Services 7212,7291 E E
7211.7212,
Personal Services 7215. 7216,
7291 7299
7215. 7217.
Personal Services 7219, 7261,
7291-7299
Personal Services 7211-7219
Personal Services 7215-7231,
7241
Personal Services 7221.7291
Photoaraphic Goods 3812-3873
Photoqraphic Studios 7221 E E
Physical Fitness Facilities 7991
Physical Fitness Facilities
Pickup Coaches
Plant and Wildlife Conservancies
Plastic Materials & Synthetics 2821.2834
Play Areas and Playqrounds E E P E
Pleasure Boat Rental E
Printinq and Publishinq Industries 2711,2712
Printinq and Publishina Industries 2711-2796
....,
7 Performance seatinQ limited to 200 seats
Page 19 of95
Words stmck through are deleted, words underlined are added
8A
.- N - ~
('I')
p = permitted i6 .... I I I
~ I ~ a: ~
'(j e -
a- :::;;
(I,) - - 1:) -
E = permitted with certain exceptions - CJ CJ CJ
E CJ '0: '0: '0: '0:
E '0: - - - -
- '" '" '" .!!!
0 '" :c :c :c
Blank cell - prohibited (also see table of 0 :c 'tJ
.Q .Q .Q .Q .Q
conditional and accessory uses) "C ~ ~ ~ ~ ~
(J) 0 C/J C/J C/J en en
"'0 0 i6 i6 i6
0 .c - ltl
() a- U c: ;: ;: ;: ;:
() 0 0 c: c: c: c:
a-
.Q ~ 't: (I,) (I,) (I,) CD
(J) .c "C 'tJ 'tJ "C
:2 - CD 'iij 'iij 'iij 'iij
-
(I,) CJ ~ CD CD (I,) (I,)
'0:
Z - a: a: a: a:
c ,!!! c c c c c
;:) "C ;:) ;:) ;:) ;:) ;:)
.Q
Land Use Type or Category :E ~ :E :E :E :E :E
III en III III III m III
6712-6799,
6411 . 6311-
Professional Offices 6399, 6531, .E .E
6541,6552,
6553 8111
Professional Oraan izations 8631
9111-9199.
9224. 9229,
Public Administration 9311, 9411- .E .E
9451.9511-
9532, 9611-
9661
Railroad Transportation 4011.4013
Real Estate 6531 -6541 .E .E
Real Estate 6521 -6541
Real Estate 6512
6512-6514,
Real Estate 6519, 6531-
6553
Real Estate Brokers and Aopraisers 6531
Real Estate Offices 6531,6541,
6552 6553
Recreational Service Facilities
7911-7941,
Recreational Services - Indoor 7991-7993.
7999
Recreational Uses
Recreational Vehicles
Rehabilitative Centers 8093
Repair shops and related services, not 7699 .E
elsewhere classified P
Research Centers 8093
Research Services 8732
Residential uses .E .E .E .E .E P
Retail Nurseries, Lawn and Garden 5261
Rubber and Misc. Plastic Products 3021, 3052,
3053
Safety Service Facilities
Schools, oublic
Schools - Vocational 8243-8299
Security Brokers. Dealers, Exchanaes, 6211-6289 .E .E
Services
Page 20 of 95
Words struek through are deleted, words underlined are added
~Al
.- N - ~
(I')
p = oerm itted 'ii ;: ..- I I I
I e a: e
'(j ~ -
... :::::
(I,) - - - -
E = oermitted with certain exceotions - u u u (.)
E u
';: .;: .;: .;: .;:
E - - - -
- en en .~ .~
0 en :c :c
Blank cell = orohibited (also see table of 0 :c 'C 'C
.c .c .c .c
conditional and accessory uses) "C .c :J :J :J :J
:J
<D 0 en en en CJ) CJ)
"0 0 -
0 .c: - ll:l ll:l 'ii ll:l
U ... (3 c :;:; :;:; :;:; :;:;
S:2 0 0 c c c c
.c ~ ... (I,) (I,) (I,) (I,)
(J) .c: 't: 'C "C "C :S!
:2 (I,)
- - 'w 'w 'w en
(I,) (.) ll:l (I,) (I,) Q) (I,)
z .;: :: a: a: a: a:
-
0 en 0 0 0 0 0
:c
:J .c :J :J :J :J :J
Land Use Tyoe or Category :E :J :E :E :E :E :E
m CJ) m m m m m
Shoe Repair Shops or Shoeshine Parlors 7251 .E P
Shootinq ranqe. indoor 7999
Sinqle-Family Dwellinqs .E .E P .E
Social Services 8322-8399
3221, 3251,
Stone, Clay. Glass and Concrete Products 3253, 3255-
3273. 3275.
3281
Storaqe
Synthetic Materials 2834
Testinq Services
2211-2221,
Textile Mill Products 2241-2259.
2273-289,
2297 2298
Timeshare Facilities
Title abstract offices 6541
Tow-in Parkinq Lots 7514,7515,
7521
Townhouses .E .E .E .E .E
Transportation by Air 4512-4581
3714. 3716.
3731, 3732,
Transoortation Equipment 3751 . 3761,
3764. 3769.
3792 3799
Transportation Services 4724-4783,
4789
Travel Aqencies 4724
Travel Trailers 5561
Two-Familv Dwelling .E .E
United States Postal Service 4311 EB EB
Veterinarian's Office 0742 E9 E9
Veterinarian's Office 0752 .E .E
Videotape Rental 7841 E10 p10
8 Excludes maior distribution center.
9 Excludes outdoor kennelinq
10 Limited to 1.800 square feet of qross floor area.
Page 21 of 95
Words stntcl~ through are deleted, words underlined are added
8A
-- N - ~
M
P = perm itted ~ ..... I I r
C'Cl I e; 0: ff
'(j e; -
... c;;
(I,) - - - -
E - permitted with certain exceptions - u u u u
E u .;:: .;:: .;:: .;::
E .;:: - - - -
- .~ .~ .~ .~
0 en
Blank cell = prohibited (also see table of 0 :c "C "C "C 't:l
.0 .0 .0 .0 .0
conditional and accessory uses) "C ;:, ;:, ;:, ;:, ;:,
Q) 0 (J) (J) (J) (J) (J)
1:l 0
0 .r:: - C'Cl C'Cl C'Cl Cij
() ... <3 c :;::: :;::: :;::: :;:::
g 0 0 c c c c
...
.0 ~ 't: (I,) CI.I CI.I (I,)
Cf) .r:: "C :s! "C "C
:2 - (I,) 'iij 'iij 'iij
- en
CI.I u C'Cl (I,) (I,) (I,) (I,)
z .;:: 3: 0: 0: 0: 0:
-
C .~ C C C C C
:) 't:l :) :) :) :) :)
.0
Land Use Type or Category :E ;:, :E :E :E :E :E
m (J) m m m m m
Vocational Rehabilitation Services 8331
Weldinq Reoair 7692
Wholesale Trade 5148
5021, 5031 ,
5043-5049,
Wholesale Trade - Durable Goods 5063-5078,
5091, 5092,
5094-5099
5111-5159,
Wholesale Trade - Nondurable Goods 5181,5182,
5191
Wildlife Conservancies 9512
Wildlife Manaaement 0971
Wildlife Refuqe/Sanctuary
Wildlife Sanctuaries
Watches/Clocks 3812-3873
Table 2. Land Uses that Mav be Allowed in Each Subdistrict as
Accessorv or Conditional Uses.
C = conditional use
A = accessory use
~I ~I ~I:=I ~I ~I ~I &1 ~I ~I ~I ~I
Administrative or service building
Adult day care
Aqricultural: animal & livestock breedinq,
exotic aquaculture, aviary, diary or
poultry plant, eaq oroduction. exotic
animals, ranchinq, or wholesale reptile
breedin
Aqricultural
8322
Aaricultural services
0741 ,0742,
0752-0783
7911
7911-7941 ,
7991-7993,
7997 7999
7948,7992,
7996 7999
Amusement & recreation services
Amusement & recreation services
Amusement & recreation services
Ancillarv plants
Animal control
Page 22 of 95
Words struck through are deleted, words underlined are added
8 t~
C = conditional use
A = accessory use
~I~I i/~I i/==' ~/~I ~/~I ~/il ~/~l
Aauariums 8422
Archery ranqes 7999
Assisted livinq facilities
Auctioneerinq Services, auction rooms 7389,5999
and houses
Automotive dealers and qasoline service 5521 ,5551,
stations 5561,
5599
Automotive rental/leasina 7513,7519
Beach chair, bicycle, boat or moped
rentals
Bed & breakfast facilities 7011 Q Q
Boat Rental 8-
Boathouses A8 8- 8
Boat ramps 8-
Boat yards A8 8-
Botanical qarden 8422
Bottle clubs 5813
Camoina cabins
Care Units
Caretaker's residence
Cateqory II qroup care facilities
Cemeteries
Chemical oroducts 2812-2899
Child day care 8351 Q Q
Churches & places of worship 8661
Civic & cultural facilities
Clam nurseries
Cluster develooment
Cocktaillounaes 5813
Collection/transfer sites
Commercial uses
Communications 4812-4841
Communication towers
Community centers
Community theaters 7922
Concrete or asphalt plants
Continuina care/retirement centers
8 Only on waterfront property
Page 23 of 95
Words strliek through are deleted, words underlined are added
8A
C = conditional use
A = accessory use
- ~I~I ~I~I ~I==I ~I~I ~I~I ~I~I ~I~I
Convenience stores 5411
Dancinq establishments & staqed
entertainment
Depositorv institutions 6011-6099
Detention facilities
Docks 8 8 8
Drinkinq establishments 5813
Drivina ranqes
Earth mining
Eatinq establishments 5812
Education services 8211 -8222
Education facilities; public & private 8211-8231
schools
Electric qeneratinq plants
Electric, qas, & sanitary services 4911-4971
Excavation
Extraction related processinq and
production
Fabricated metal products 3482-3489
Farm labor housing
Farm oroduct raw materials 5153-5159
Field crops
Fish in q/h untinq/trapoin q 0912-1919
Food products 2011,2048
Food service
Food stores (over 5,000 s.f.) 5411 -5499
Fraternallodqes, private club, or social
clubs
Fuel dealers 5983-5989
Fuel facilities C9
Funeral services & crematories 7261
Garaqe 8 8 8 8
Gas qeneratinq plants
Gift shops 5947
Golf club house
Golf course
Golf drivinq ranqe
Grouo care units
9 For watercraft only. (Not as an auto gas station or fueling center).
Page 24 of 95
Words stnlck through are deleted, words underlined are added
8A
C = conditional use
A = accessory use
~I~I ;I~I ;1==1 ;I~I ;I~I ~I&I ~I;fl
Guesthouses ~ ~ ~ 8
Health services 8011
Homeless shelters 8322
Hospitals 8062-8069
Hotels and motels 7011, 7021 ,
7041
Huntinq cabins
Incinerators
Jails
Justice, public order & safety 9211-9224
Kennels & kennelinq 0742,0752
Kiosks
Leather tanninq & finishinq 3111
Livestock
Local and suburban transit 4111 -4121
Local and suburban transit 4131-4173
Lumber and wood products 2411-2421,
2429
Maintenance areas
Maior maintenance facilities
Marina 4493.4499
Mental health facilities
Merchandise - outdoor sales
Miniature qolf course 7999
Mixed residential and commercial
Model homes and model sales centers
Motion picture theaters 7832
Motion picture theaters 7833
Motor freiqht transportation and 4212, 4213-
warehousina 4225 4226
Motor freiqht transportation and 4225,4226
warehousina
Noncommercial boat launchinq ramps
Nursery - retail 5261
Nursinq and personal care facilities 8062
Nursinq homes
Oil and qas extraction 1321.1382
Oil & qas field development and
production
Outdoor display
Page 25 of 95
Words struck through are deleted, words underlined are added
~--<"._""",-..,--",_.- '-~'"--~"'--~""""'^"'"'' " ..- ~-""-~~'~~~~
8 Pt
C = conditional use
A = accessory use
~I~I ;I~I ;I~I ;I~I ;I~I ;I~I ;I~I
Packinahouse
Paper and allied products 2611
Personal services 7291
Petroleum refininq and related 2911-2999
Pistol or rifle ranqe
Play areas and playqrounds
Poultry raisinq (small)
Primary metal industries 3312-3399
Private boathouse and docks A A A A
Private clubs
Private landinq strips
Pro shoos (Iarqe)
Pro shops (small)
Recreational facilities
Recreational services
Refuse systems 4953
Rehabilitative centers 8093
Repair or storaae areas
Residential uses
Resource recovery plant
Restaurant (small) or snack shop 5812
Restaurant (Iarqe) 5812
Retail shops or sales
Rubber and misc. Plastic products 3061-3089
Sanitary landfills
Sawmills
Schools, public or private
Schools. private
Schools, vocational 8243-8299
Service facilities
Slauqhterina plants 2011
Social association or clubs 8641
Social services 8322-8399
Souo kitchens
Sports instructional camos or schools
Staqed entertainment facility
Page 26 of 95
Words struck through are deleted, words underlined are added
SA
C = conditional use
A = accessory use
j/ ~I j/3:1 j/ ~I j/ ~I j/ ~I j/ ~I
Stone, clay, q/ass and concrete products
SWimminq pools - public
SWimminq pools -private
6
6 6 6 6 8
Storaqe. enclosed
Tennis facilities
Textile mill products
2231 . 2261-
2269. 2295,
2296
4212
0741-0742
5015,5051,
5052 5093
5162.5169.
5171,5172,
5191
Transfer stations
Veterinarian's office
Wholesale trade - durable qoods
Wholesale trade - nondurable qoods
Yacht club
7997
Zoo
SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
Section 2.03.07
Overlay Zoning Districts
J. Goodland Zoning Overlay "GZO". To create design guidelines and development
standards that will assure the orderly and appropriate development in the
unincorporated area generally known as Goodland. The Goodland Zoning
Overlay district (GZO) is intended to provide regulation and direction under which
the growth and development of Goodland can occur with assurance that the
tropical fishing village and small town environment of Goodland is protected and
preserved, and that development and/or redevelopment reflect the unique
residential and commercial characteristics of the community. The boundaries of
the Goodland Zoning Overlay district are delineated on Map 1 below.
1. Permitted uses. The following uses are permitted as of right in this
subdistrict:
Rosorvod.
a. Clam nursery, subiect to the followino restrictions:
i. A "clam nursery" is defined as the qrowing of clams on a
"raceway" or "flow-throuoh saltwater system" on the shore of a
lot until the clam reaches a size of approximately one-half
inch.
ii. For the purposes of this section, a "raceway" or "flow-throuqh
salt water system" is defined as a piece of plywood or similar
material fashioned as a table-like flow throuQh system
desioned to facilitate the orowth of clams.
Page 27 of 95
Words struck throMgh are deleted, words underlined are added
8A
iii. At no time may a nursery owner operate a raceway or
raceways that exceed a total of 800 square feet of surface
area.
iv. The nursery must meet the requirements of a "minimal impact
aquaculture facility" as defined by the Department of
Aqriculture.
v. The nursery must not be operated on a vacant lot, unless both
of the followinq requirements are met:
a) The vacant lot is owned by the same individual who
owns a lot with a residence or habitable structure
immediately adiacent to the vacant lot; and
b) The vacant lot must not be leased to another individual
for purposes of operatinq a clam farm within the RSF-4
and VR zoninq districts.
vi. At no time will a nursery owner be allowed to feed the clams,
as the clams will be sustained from nutrients occurring
naturally in the water.
vii. Only the property owner or individual in control of the property
will be allowed to operate a raceway on the shore off his
property within the VR and RSF-4 zoninq districts. In other
words, a landowner must not lease his property to another
individual to use for purposes of operatinq a clam nursery.
viii. Any pump or filtration system used in conjunction with the
nursery must meet all applicable County noise ordinances and
must not be more obtrusive than the averaqe system used for
a non-commercial pool or shrimp tank
2. Conditional uses. The following uses are permitted as conditional uses
in this subdistrict:
a. Clam nursory, subjoct to tho following rostrictions:
1) 1\ "clam nursery" is dofined as tho growing of clams on a
"racow3Y" or "flm'v through salt'N3ter systom" on tho shoro of 3
lot until tho c13m roachos a sizo of approximatoly ana half
~
2) For tho purposes of this soction, 3 "racoway" or "flow through
salt 'Nator systom" is dofinod as a pioco of plywood or similar
matorial fashionod as 3 table like flow through systom
designod to facilitato the growth of clams.
3) /\t no time may a nursery ownor oporato a racO'.'Vay or
racoways that oxcood a total of 800 squaro foot of surfaco
afea..:.
4) Tho nursery must moot tho roquiromonts of a "minimal impact
aquaculturo facility" as dofinod by tho Dopartmont of
Agriculturo.
S) Tho nursory must not bo oporatod on a vacant lot, unloss both
of tho following roquiromonts 3ro mot:
i. Tho vacant lot is ownod by tho S3mo individual who
owns 3 lot with 3 rosidenoo or h3bitablo structuro
immodiatoly adjaoent to tho vacant lot; and
ii. Tho '.'acant lot must not bo loasod to 3nothor indi'lidu31
for purposes of operating a clam farm within tho RSF 4
and VR zoning districts.
6) At no time '....ill a nursory ownor bo allowod to food tho clams,
as tho clams '/Jill bo sustainod from nutrionts occurring
naturally in tho 'Nator.
Page 28 of 95
Words struck through are deleted, words underlined are added
, 8A
7) Only tho proporty ownor or individual in control of tho proporty
will bo 3110wod to oporato 3 racoway on tho shoro off his
proporty within tho VR and RSF 1 zoning districts. In othor
words, a I3ndownor must not loaso his proporty to 3nothor
individual to usa for purposos of oporating a clam nursory.
8) Any pump or filtr3tion systom usod in conjunction 'tlith tho
nursory must moot all applicablo County noiso ordinancos and
must not bo moro obtrusi'JO than tho avorago systom usod for
a non commercial pool or shrimp tank
Reserved.
SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
N. GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT.
Special conditions for the properties in and adjacent to the Gateway Trianqle as
referenced on GTMUD Map 1; and further identified by the desiqnation "GTMUD" on the
applicable official Collier County Zoninq Atlas Map or map series.
1. Purpose and Intent
The purpose and intent of this District is to encouraqe revitalization of the
Gateway Trianqle portion of the Bayshore / Gateway Trianqle Redevelopment
Area with Traditional Neiqhborhood Desiqn (TND) proiects. TNDs are typically
human-scale, pedestrian-oriented, interconnected proiects with a mix of
commercial uses includinq retail. office and civic amenities and residential that
complement each other. Residential uses are often located above commercial
uses, but can be a separate area of residential only with close proximity to
commercial uses. An interconnected street system is the basis for the
transportation network. Buildin~s are located near the street with on street
parkinq and off street parkinq on the side or in the rear of the oarcel.
This District is intended to: revitalize the commercial and residential
develooment, encouraqe on street parkinq and shared parkinq facilities and
provide appropriate landscapinq and bufferina between the various types of
uses; and protect and enhance the nearby Shadowlawn residential
neiqhborhood. The types of uses permitted are hotels, retail, office, personal
service and residential uses.
2. Applicability
a. These requlations shall apply to the Gateway Trianqle Mixed Use
Overlay District as identified on GTMUD Map 1 and further identified by
the desiqnation "GTMUD" on the applicable official Collier County Zoning
Atlas Maps. Except as provided in this section of the LDC, all other uses,
dimensional and develooment requirements shall be as required in the
applicable underlyinq zoninq classification.
b. Existinq Planned Unit Develooments (PUDs) are not included in the
Gateway Trianqle Mixed Use District requirements; however, PUDs
approved after [the effective date of this ordinance]
are included in the Gateway Trianqle Overlay District and must comply
with the requirements stated herein.
c. Property owners may follow existinq Collier County Land
Development Code requlations of the underlyinq zoning
classification, or may elect to develop/redevelop under the mixed
use provisions of the GTMUD Mixed Use (MXD) Subdistrict of this
overlay, throuqh a mixed use oroiect approval from the BCC.
Page 29 of 95
Words stmck through are deleted, words underlined are added
8A
However, in either instance. GTMUD site development standards
are applicable, as provided for in section 2.03.07 N.5.d. of this
Code.
GTMUD Map No.1
I..._._-~-~_.-._----~
----,-----------
.
UD-MXD .
(C-4) ,
-F~=- -= J _= [=-~ - ~
-~i:i~' ~~ - I ~c -=--ll -
r-lj
II
NlJRTH
Gat_ay Triangle Mixed Use Overlay District
I_"~
GTMUD-MXD Mixed U.. Subdistrict
GTMUD-R Residential Subdloltrlct
(XXX) Under LyIng Zoning Dlalrf..u
Future Land Use
~ Activity Center 16
-..-
CRA Boundary .. ..
,-
##
"",...I
i'fii-
,f'
it'
"
n; I
"II
il
'I
~---""-'--'I
(~, ,~_:__ -JR
:(1"-- 11_ iii()
!! ~_=J l-----l ~' III.
Iii c-- =~ I tJll_ _II" !!/
3. Mixed Use Proiect Aooroval Process.
a. Owners of property in the Mixed Use Subdistrict (GTMUD-MXD) may
petition the Board of County Commissioners for mixed use proiect
aoproval. The application for MUP aooroval shall aCknowledqe that
the owner shall not seek or request, and the County shall not
thereafter qrant or approve, any additional uses beyond those allowed
in the C-1 throuqh C-3 zoninq districts. The application shall be
accompanied by a conceptual site plan demonstratinq compliance
with the criteria in section 10.03.05.G.
b. There shall be a public hearinq before the BCC leqally noticed and
advertised pursuant to section 10.03.05.G. If approved by the BCC,
such approval shall be by resolution.
c. Once a Mixed Use Proiect has been approved by the BCC, the
applicant shall submit a site develooment plan (SDP), based upon
the conceptual site plan approved by the BCC and meetinq the
requirements of section 10.02.03 B.1. of this Code, to the Community
Development and Environmental Services Division within six months
of the date of approval. This SDP must be determined as sufficient
and accepted for review by the Division within 30 days of submittal.
After the SDP has been approved, the approved proiect shall be
identified on the Collier County official zoninq atlas map, usinq the
Page 30 of 95
Words stmck tHrough are deleted, words underlined are added
8"
"'
F
map notation MUP. If a MUP aporoval expires, as set forth below,
the map notation shall be removed from the official zoninq atlas map.
The burden is on the aoplicant to submit an SDP application in a
timely manner, to be responsive to the County's SDP review
comments, and to commence construction in a timely manner after
SDP approval has been qranted.
d. MUP approval shall expire and any residential density bonus units
shall be null and void if any of the followinq occur:
i. The SDP is not submitted within six months of MUP aooroval
by the BCC.
ii. The SOP is not deemed sufficient for review within 30 days of
submittal.
iii. The SDP under review is deemed withdrawn and cancelled,
pursuant to section 10.02.03.BA.a.
iv. The SOP is considered no lonqer valid, pursuant to section
1 0.02.03.BA.b. and c.
e. Once a property owner, throuqh a MUP aporoval, elects to develop or
redevelop a mixed use proiect under the Mixed Use Subdistrict
(GTMUD-MXD), then the property shall be developed in compliance
with all provisions of the overlay and cannot revert back to the
underlyinq zoninq district.
4. Bonus Density Pool Allocation
Under the Collier County Future Land Use Element. 388 bonus density
units are available for reallocation within the Bayshore/Gateway Trianqle
Redevelopment Overlay. The County Manaqer or desiqnee will track the
Bonus Densitv Pool balance as the units are used. These 388 bonus
density units may be allocated between this GTMUD overlay and the
Bayshore Mixed Use District Overlay BMUD), and shall only be allocated
throuqh the MUP aooroval orocess.
To qualify for up to 12 dwellinQ units per acre, projects shall comply with
the fOllowinq criteria. The density of up to 12 dwellinQ units per acre is
only applicable until the bonus density pool has been depleted.
a. The project shall be within the Mixed Use Subdistrict. and shall be a
mixed use project - mix of commercial and residential uses.
b. Base density shall be as per the underlyinq zoninq district. The
maximum density of 12 units per acre shall be calculated based upon
total proiect acreaqe. The bonus density allocation is calculated by
deductinq the base density of the underlyinq zoninq classification from
up to the 12 unit maximum beinq souqht. The difference in units per
acre determines the bonus density allocation requested for the
project.
c. For proposed projects outside the Coastal Hiqh Hazard Area (CHHA),
as depicted on the Future Land Use Map of the Growth Manaqement
Plan, any eliqible density bonuses, as provided in the Density Rating
System of the FLUE, are in addition to the eliqible density bonus
provided herein.
d. For proposed proiects within the CHHA. only the Affordable Housing
Density Bonus, as provided in the Density Ratinq System of the
Page 31 of95
Words struck through are deleted, words underlined are added
8A
FLUE, is allowed in addition to the eliqible bonus density units
provided herein.
e. Properties must be Iyinq south of Davis Blvd. and west of Airport-
Pullinq Road.
1. The proiect shall comply with the standards for mixed use
develooment set forth in the Gateway Trianqle Mixed Use Overlay
District.
a. For proiects that do not comply with the requirements for this density
increase, their density is limited to that allowed by the Density Ratinq
System and applicable FLUE Policies.
5. Gateway Trianqle Mixed Use District (GTMUD) Subdistricts
a. Mixed Use Subdistrict (GTMUD-MXD). The purpose and intent of this
subdistrict is to provide an option to current and future property owners
by encouraqinq a mixture of low intensity commercial and residential
uses on those parcels with frontaae on US 41 , the south side of Davis
Boulevard, and Airoort-Pullinq Road. Included also is the "mini
trianqle" formed by US 41 on the South, Davis Boulevard on the North
and Commercial Drive on the East. Developments will be pedestrian-
oriented and reflect buildinQ patterns of traditional neiqhborhood
desiqn.
For mixed use proiects only, subiect to the MUP aoproval process in
Sec. 2.03.07.1.3., refer to Tables 1 and 2 for permitted uses.
Otherwise, permitted uses are in accordance with the underlying
zoninq district.
b. Residential Subdistrict (GTMUD-R). The purpose of this Subdistrict is
to encouraqe the develooment in the Shadowlawn neiqhborhood a
mixture of residential housinq types. Refer to Tables 1 and 2 for
permitted uses in this Subdistrict.
c. Mixed Use Activity Center Subdistrict. Portions of the Gateway
Trianqle Mixed Use District coincide with Mixed Use Activitv Center
#16 desiqnated in the Future Land Use Element (FLUE) of the Collier
County Growth Manaqement Plan. Develooment standards in the
activity center is qoverned by requirements of the underlyinq zoning
district requirements and the mixed use activity center subdistrict
requirements in the FLUE, except for site develooment standards as
stated in section 4.02.35 of this Code.
d. All subdistricts. Develooment within all subdistricts of the GTMUD
shall be subiect to the site develooment standards as stated in
sections 4.02.35 and 4.02.36, as applicable, The subdistrict site
develooment standards shall also apply to property developed in
conformance with the underlyinq zoninq classification.
*
*
*
*
*
*
*
*
*
*
*
*
*
SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING
DISTRICTS
Page 32 of 95
Words struck through are deleted, words underlined are added
8A
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
~
mrmrN CfJf1iR CflilJlIIlYJ.!. SlJB1JJS'l1Ul!f
IIIoUoIIIIIlIllM'T, .IUI!.IIII
t:~ ud =tlt l Mfll/jyJ.~~ ~ .. .... ~ r--
....- IIlIU ,'l Ir
_/- I- s.!r-.... + q,) ":'-, 'l ~
/- f-.... j-. ... r ~
- /-.... ....1- f-,. I.,., h ~ ""'~,
- I !-... tV- ~ I
.... . ....- b.:1 ., [ I-
s :. - A
I .... I: ,
~ 1-- luin I- r-.
.,n n b4
l- . t- j~ l-
. - ~ ....
~ - - I- .... - I ....
- l-
I- l- I - I
- -.... - .... -
.... f- I- /J I - -
....- /- - .... WI I I II ~
"-- ....1- L...::l::...J ....
JI
- l<Il
. .
--
...
_1aI....
'~ -~ ,.:
;1~, "'" L...r:;:;L
'< I /1)1
~\
--~ l- I- ....
0~ 1 I IIII l- I- .... 8
:~~ - _ 1aI11F_
iN '~~ Q
~ ~'" ~~;.c ~
~ "I )I T I~ ~
V~\~~ J~ Tr T .
~"O~~ ~ ~,~
'(l\Y\r ,'''' '"~ ,/r ,
I
I
~
, I
I
I
ImWIED B'i'r ilIAC liD 1!QlNIW. Bl.RIDRT IE1J01
iXMIUlIlY lE\ElMDT .u EIM!tlNUOO,l IlM:r! a\jgllll
PLe ~ a~Tt: "fZIo4
!
~
~
/JRlD
iii[
I I " I
, .., -
IIfNMJ/ eMIA
IiIiWIIIIIWL
.!NIIIr&!
O. Golden Gate Downtown Center Commercial Overlay District "GGDCCO":
Special conditions for properties in the vicinity of Golden Gate Parkway in Golden
Gate City, as identified on the Golden Gate Downtown Center Commercial
Subdistrict Map of the Golden Gate Area Master Plan and as contained herein.
1. Purpose and intent. The purpose and intent of this overlay district is to
encouraqe redevelopment herein in order to improve the physical
appearance of the area and create a viable downtown district for the
residents of Golden Gate City and Golden Gate Estates. Emphasis
shall be placed on the creation of pedestrian-oriented areas, such as
outdoor dininq areas and pocket parks, which do not impede the flow
of traffic alonq Golden Gate Parkway. Also, emphasis shall be placed
on the construction of mixed-use buildinas. Residential dwellinQ
units constructed in this overlay district are intended to promote
Page 33 of 95
Words strl:lck through are deleted, words underlined are added
SA
resident-business ownership The provisions of this overlay district are
intended to ensure harmonious develooment of commercial and
mixed-use buildinas at a pedestrian scale that is compatible with
residential develooment within and outside of the overlay district.
2. Aqqreqation of properties. This overlay district encouraqes the
aqqreqation of properties in order to promote flexibility in site desiqn.
The types of uses permitted within this overlay district are low intensity
retail. office, personal services, institutional, and residential. Non-
residential development is intended to serve the needs of residents
within the overlay district, surroundinq neiqhborhoods, and passersby.
3. A licabilit. These re ulations a I to ro erties in Golden Gate Cit
Iyinq north of Golden Gate Parkway, qenerally bounded by 23r
Avenue SW and 23rd Place SW to the north, 45th Street SW to the
west, and 41 st Street SW and Collier Boulevard to the east. South of
Golden Gate Parkway, these requlations applv to properties bounded
by 25th Avenue SW to the south, 4ih Street SW to the west, and 44th
Street SW to the east. These properties are more precisely identified
on Map 17, "Golden Gate Downtown Center Commercial Subdistrict"
of the Golden Gate Area Master Plan and as depicted on the
applicable official zoninq atlas maps. Except as provided in this
requlation, all other use, dimensional and develooment requirements
shall be as required or allowed in the underlyinq zoninq districts.
4. Permitted uses. Permitted uses within the GGDCCO include the uses
listed below and those uses identified in Chapter 2, Table 1.
"Permissible Land Uses in Each Zoninq District".
a. Residential uses: permitted by riqht in the existinq residential
zoninq districts, except as otherwise prohibited by this zoning
overlay.
I. in a mixed use buildina
II. in an existinq owner occupied structure
iii. in an existinq non-owner occupied structure, until such
time as cessation is required by section 4.02.37 1. of this
Code.
5. Conditional uses. Conditional uses within the GGDCCO include the
use listed below and those uses identified in section 2.04.03 of this
Code: Table 2 -"Land Uses that May be Allowable in Each Zoninq
District as Accessory Uses or Conditional Uses".
a. Outdoor dininq areas, not directly abuttina the Golden Gate
Parkway riaht-of-way.
6. Prohibited uses. Prohibited uses within the GGDCCO include the uses
listed below and those uses, prohibited, by omission, in section
2,.04.03 of this Code: Table 1. "Permissible Land Uses in Each Zoning
District".
a. New residential-only structures
b. Any commercial use employinq drive-up, drive-in or drive
throuqh delivery of qoods or services.
c. Sexually oriented businesses (Code of Laws, 26-151 et sea.).
SUBSECTION 3.G. AMENDMENTS TO SECTION 2.04.03 Table of Land Uses in
Each Zoning District
Page 34 of 95
Words strl:lck through are deleted, words underlined are added
8 i\
Section 2.04.03. Table of Land Uses in Each Zoning District, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
P = permitted
E = permitted with certain exceptions
-6
Blank cell = prohibited (also see table of conditional and !u
;u~
accessory uses) o c"
cCJc::
Q) ::I~ ;::
'"0 o ;:....
0 .., co Gi
() c 15'
g :: i: ..
0<11<3
(f) c > c::
Land Use Type or Categoryl 0'-
! ii 8
"' ._ u
CJ (.) c
_Cl
C <II Cl
<II E 2
"C E$
g 1,0 ~
Accounting Services 8721 p
Administrative Service Facilities
Adult Day Care Facilities & Centers 8322
Agricultural Activities
Agricultural Outdoor Sales
Agricultural Services 0741,0742,
0752-0783
0711, 0721,
Agricultural Services 0722-0724,
0762, 0782,
0783
Agricultural Services 0723
Aircraft and Parts 3721-3728
Airport - General Aviation
Amusement & Recreation Services 7911,7991
Amusement & Recreation Services 7999 tourist
Quides only
Ancillary Plants
Apparel & Other Finished Products 2311-2399
P = permitted
E = permitted with certain exceptions --6
!u
Blank cell = prohibited (also see table of conditional and ; UI;j
o c"
accessory uses) c CJ c::
Q) ::I~ ;::
'"0 o ~ ..
0 .., ca ~
() c_
g :: - ..
0<11<3
(f) c > c::
Land Use Type or Category" 0--
<II-
- "'
~'u c
_Cl
C Gl Cl
<II E 2
:2 E :;;
o 0 'Ei
CJ u!:I=
Apparel & Accessory Stores 5611-5699 p
Page 35 of 95
Words stmck through are deleted, words underlined are added
BA
7397, 7389
Business Services 7311-7353,
7359
7312,7313,
Business Services 7319,7334-
7336, 7342-
7389
Business Services 7311
7312,7313,
7319,7331,
7334-7336,
Business Services 7342, 7349,
7352, 7361,
7363, 7371-
7384, 7389
7311,7313,
7322-7331,
Business Services 7335-7338,
7361, 7371,
7374-7376,
7379
Business/Office Machines
Canoe Rental
Canoeing Trails
Care Units
Carwashes 7542
Category II Group Care Facilities
Child Care - Not for Profit
Child Day Care Services 8351
Churches & Places of Worship
Civic and Cultural Facilities
Collectionrrransfer Sites
Commercial Printing 2752
Communications 4812-4841
Communications 4812-4899
Communication Towers
Construction
Construction - Heavy
Construction - Special Trade Contractors 1711-1799
Page 37 of 95
Words struck through are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions -
Q) "'0
'0 $0
Blank cell = prohibited (also see table of conditional and 0 Co
() ~c
accessory uses) g cC)c:
CI) :=e...
B 1; f
!i;::..
<IIIE
o >
C 0.5
Land Use Type or CategorylV <II iij
-
"' 'u 0
C) ...
C Cl)
<IIE.s
"C E~
'0 o Cl>
C) o\l=
Continuing Care Retirement Communities
Depository Institutions 6011-6099
Depository Institutions 6011,6019,
6081,6082
6021-6062,
Depository Institutions 6091,6099,
6111-6163
Depository Institutions 6021-6062
Drinking Establishments and Places 5813
Drug Stores 5912
Drugs and Medicine 2833-2836
Duplexes E(I)
Dwelling Units
Eating Establishments and Places 5812 E(d)
Educational Plants
Educational Services 8211-8231
Educational Services 8243-8249
Educational Services 8221-8299
Educational Services 8211-8244,
8299
Electronic Equipment & Other Electrical Equipment 3612-3699
Engineering, Accounting, Management and Related Services 8711-8748
Engineering, Accounting, Management and Related Services 8711-8713 E(a)
Equestrian Paths
Essential Services 10 E(e)
Excavation
Fabricated Metal Products 3411-3479,
3419-3499
Fairgrounds
Family Care Facilities
Fishing Piers
Fish ing/H u ntingfT rapping 0912-1919
10 For requirements pertaininq to Essential Services, see 2.01.03
Page 38 of 95
Words struck through are deleted, words underlined are added
fi(" m
\\ -' n
,'~~~J
\~, q
P = perm itted
E = permitted with certain exceptions "'-6
Blank cell = prohibited (also see table of conditional and !u
;u~
accessory uses) uc"
c:Clc
Q) 3:1~ ;::
l:l o :> '"
0 ... co Q>
U c: -If
g 3: ....c
o <II
(/') C > c
Land Use Type or CategoryV 0--
$<<;8
"' ._ u
Cl u 0
...el
c: <II el
<II E 2
:E E :;;
o 0;;
Cl U 5C
Fixture Manufacturing
2034,2038,
2053,2064,
Food Manufacturing 2066, 2068,
2096,2098,
2099
Food Products 2011-2099
Food Stores 5411 , 5421- P
5499
Food Stores 5411 -5499 P
-
Fraternal Organizations
Funeral Services and Crematories 7261
Furniture & Fixtures Manufacturing 2511-2599
Gasoline Services Stations 5541 , 5511 -
5599
General Contractors 1521-5261
General Merchandise Stores 5311 -5399 P
Glass and Glazing Work 1793
Golf Courses
9111-9222,
9224-9229,
Government Offices/Buildings 9311, 9411-
9451,9511-
9532, 9611-
9661
Group Care Facilities
Gunsmith Shop 7699
Hardware Stores 5251 p
Health Food Stores
Health Services 8011-8049 p
-
Health Services 8011-8049, p
8082
8051-8059,
Health Services 8062-8069,
8071, 8072,
8092-8099
Heavy Construction 1 611 -1 629
Hiking Trails
Home Furniture, Furnishings, Equipment Store 5713-5719,
5731-5736 P
Home Furniture, Furnishings, Equipment Store 5712-5736 p
Page 39 of 95
Words struck through are deleted, words underlined are added
8 t\
P = permitted
E = permitted with certain exceptions QjO
Blank cell = prohibited (also see table of conditional and 'E Ol~
<110
accessory uses) o C"
cGc:
Q) :id:2 ~
"0 o ~ In
0 ..... C'O :u
() c_I
g 3: ... ..
o <II B
(f) c > c:
Land Use Type or CategoryVI o .-
~ili8
"' .- ()
(,!) (,) C
...t:l
C <II t:l
<IIE.s
'0 E ~
'0 ./!
0"
G 0:C
Home Supply Store 5531 p
Hotels and Motels 7011, 7021,
7041
Hotels and Motels 7011
Houseboat Rental 7999
Individual & Family Social Services
Industrial Inorganic Chemicals 2812-2819
Industrial, Commercial, Computer Machinery and Equipment 3511-3599
Insurance Agencies, Brokers, Carriers 6311-6399, p
6411
Insurance Agencies, Brokers, Carriers 6311-6361,
6411
Insurance agents, brokers, and service, including Title 6361 and 6411
Insurance
Investment/Holding Offices 6712-6799
Job Training & Vocational Services 8331
Justice, Public Order & Safety 9221, 9222,
9229
Labor Unions 8631
Lakes Operations 7999
Large Appliance Repair Service 7623 p
Leather Products 3131-3199
Libraries 8231 p
Local and Suburban Transit 4111-4121
Local and Suburban Transit 4131-4173
Lumber and Wood Products 2426, 2431-
2499
Management & Public Relations 8741-8743, p
8748
Management Services 8711-8748
Marinas 4493,4499
Measuring, Analyzing and Controlling Instruments 3812-3873
Medical and Optical Goods 3812-3873
Medical Laboratories and Research & Rehabilitation Centers 8071, 8072,
8092,8093
Membership Organizations 8611-8699 E(f)
Membership Organizations 8611,8631
Page 40 of 95
Words struck through are deleted, words underlined are added
8A
P = perm itted
E = permitted with certain exceptions -
QiO
Blank cell = prohibited (also see table of conditional and 'E u1.."
accessory uses) <IIu~
u c"D
cC)c
Q) ==e~
1:l o ::0 ..
0 ....... cu ~
0 c _log
S:2 3: .. co
o 01 6
C/) c > C
land Use Type or CategoryVII o .-
$ili8
"' ._ u
C)uo
..t?
cOlt?
<IIE.9
'0 E.l1
'0 o "
C) u(l=
Membership Organizations 8611
Membership Organizations 8611,8621
Misc. Manufacturing Industries 3911-3999
Miscellaneous Plastic Products
Miscellaneous Repair Service 7629- 7631 P
Miscellaneous Repair Service 7622-7641 ,
7699
Miscellaneous Repair Service 7622- 7699
Miscellaneous Retail Services 5912, 5942- E(a)
5961
Miscellaneous Retail Services 5912-5963 E(a) (g)
Miscellaneous Retail Services 5912 -596323,
5992-599924 E(a) (g) (h) (i)
5912,5932-
Miscellaneous Retail Services 5949,5942-
5961, 5992-
5999
Mixed Residential and Commercial Uses E(I)
Mobile Home Dealers 5271
Mobile Homes
Modular Built Homes
Motion Picture Production 7812-7819
Motion Picture Theaters 7832
Motor Freight Transportation and Warehousing 4225
Motor Homes
Multi-Family Dwellings E(I)
Museums and Art Galleries 8412 p
Nature Preserves
Nature Trails
Non-Depository Credit Institutions 6141-6163
Non-Depository Credit Institutions 6111-6163
Non-Depository Institutions 6011-6163
Non-Depository Institutions 6011, 6019,
6081,6082
6021-6062,
Non-Depository Institutions 6091,6099,
6111-6163
Page 41 of95
Words struck throl:lgh are deleted, words underlined are added
8'
P = perm itted
E = permitted with certain exceptions
"0
Blank cell = prohibited (also see table of conditional and $0
5i 0 ~
accessory uses) o C"
l:CJc:
Q) ::I~ ~
"'0 o ~ to
0 .... as Q)
() l: -g
::i:"
~ 0<11<3
en c > c:
Land Use Type or CategoryVIIi 0'-
$ iii 8
lI:l'- 0
CJ (.) C
..<:l
l: <II <:l
<II E B
1J E!!
g 18~
Nursing Homes 8051,8052,
8249
Office Machine Repair Service 7629-7631 p
Oil & Gas Exploration
Open Space
Outdoor Storage Yard
Paint, Glass, Wallpaper Stores 5231 p
Paper and Allied Products 2621-2679
Park Model Travel Trailers
Park Service Facilities
Parking Facilities
Parking Services
Parks, Public or Private E(m)
Parochial Schools - Public or Private 8211
Party Fishing Boats Rental 7999
Personal Services 7291 p
7212-7215,
Personal Services 7221-7251, E(d) (j)
7291
Personal Services 7212, 7215,
7221-7251
Personal Services 7212,7291
7211,7212,
Personal Services 7215, 7216, E(d)( j) )( k)
7291,729911
7215, 7217,
Personal Services 7219,7261, E(d)( j} )( k)
7291-7299
Personal Services 7211-7219
Personal Services 7215-7231, EO)
7241
Personal Services 7221,7291
Photographic Goods 3812-3873
Photographic Studios 7221 p
Physical Fitness Facilities 7991 p
11 Group 7299 limited to babysitting bureaus, clothing and costume rental, dating service, depilatory
salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair
removal.
Page 42 of 95
Words struck through are deleted, words underlined are added
8A
P = permitted
E = permitted with certain exceptions
"'0
Blank cell = prohibited (also see table of conditional and .!lu
5iu~
accessory uses) u c"
cClc
Q) ;:I~ ~
"0 o ~ .,
0 - "' ~
<.) c_
g ;: ... co
0<1113
U) c > c
land Use Type or CategorylX 0-
.!l Iii ()
"' .- ()
Cl (.) 0
...Cl
c <III c
<II E -
:E Elf
o 0 a:
Cl u.
Physical Fitness Facilities
Pickup Coaches
Plant and Wildlife Conservancies
Plastic Materials & Synthetics 2821,2834
Play Areas and Playgrounds
Pleasure Boat Rental
Printing and Publishing Industries 2711,2712
Printing and Publishing Industries 2711-2796
6712-6799,
6411 , 96311-
Professional Offices 6399,6531,
6541 , 6552,
6553,8111
Professional Organizations 8631
9111-9199,
9229,9311,
Public Administration 9411 -9451 ,
9511-9532,
9611-9661
Public Service Facilities - Essential
Railroad Transportation 4011,4013
Real Estate 6531 -6541 P
Real Estate 6521-6541
Real Estate 6512 p
6512-6514,
Real Estate 6519, 6531-
6553
Real Estate Brokers and Appraisers 6531
Real Estate Offices 6531, 6541,
6552,6553
Recreational Service Facilities
7911-7941,
Recreational Services - Indoor 7991-7993,
7999
Recreational Uses
Recreational Vehicles
Rehabilitative Centers 8093
Page 43 of 95
Words struck tHrough are deleted, words underlined are added
8A
P = perm itted
E = permitted with certain exceptions
"'0
Blank cell = prohibited (also see table of conditional and So
5io~
accessory uses) Oc'tl
I:C)C:
<J.) 31:1~:::
"0 o ~ i!?
0 - "' ~
0 1:-
0 31: ... ..
o<llc3
Cf) C > c:
Land Use Type or CategoryX 0'-
Si1i8
ctI.- 0
C)uCl
...Cl
I: <II Cl
<II E B
:2 E ~
o 0 Q;
C)o~
Repair shops and related services, not elsewhere classified 769912
Research Centers 8093
Research Services 8732
Residential uses
Retail Nurseries, Lawn and Garden 5261 P
Rubber and Misc. Plastic Products 3021, 3052,
3053
Safety Service Facilities
Schools, public
Schools - Vocational 8243-8299 E(I)
Security Brokers, Dealers, Exchanges, Services 6211-6289 P
Shoe Repair Shops or Shoeshine Parlors 7251 P
Shooting range, indoor 7999
Single-Family Dwellings E(1)
Social Services 8322-8399
3221, 3251,
Stone, Clay, Glass and Concrete Products 3253, 3255-
3273, 3275,
3281
Storage
Synthetic Materials 2834
Testing Services
2211-2221,
Textile Mill Products 2241-2259,
2273-289,2297,
2298
Timeshare Facilities
Title abstract offices 6541
Tow-in Parking Lots 7514,7515,
7521
Townhouses E(I)
Transportation by Air 4512-4581
3714, 3716,
3731,3732,
Transportation Equipment 3751, 3761,
3764, 3769,
3792,3799
12 Antique repair and restoration, except furniture and automotive only, bicycle repair shops only, rod and
reel repair.
Page 44 of 95
Words struck through are deleted, words underlined are added
SA
P = perm itted
E = permitted with certain exceptions
"0
Blank cell = prohibited (also see table of conditional and $(.)
al(.);1
accessory uses) (.) c "
c C) <:
Q) ==I~ :::
"'0
0 o > ~
() 'E ..!!!I~
() == .. to
o<llc3
C/) C > <:
Land Use Type or CategoryXI 0'-
$iij8
"' ._ u
C) 0 c
..Cl
C<llCl
(l) E ~
3:! E :,;
o 00;
C) (.) \1=
Transportation Services 4724-4783,4789
Travel Agencies 4724
Travel Trailers 5561
Two-Family Dwelling
United States Postal Service13 4311 P
Veterinarian's Office 14 0742
Veterinarian's Office 0752
Videotape Rental15 7841 P
Vocational Rehabilitation Services 8331
Welding Repair 7692
Wholesale Trade 5148
5021, 5031,
5043-5049,
Wholesale Trade - Durable Goods 5063-5078,
5091,5092,
5094-5099
5111-5159,
Wholesale Trade - Nondurable Goods 5181,5182,
5191
Wildlife Conservancies 9512
Wildlife Management 0971
Wildlife Refuge/Sanctuary
Wildlife Sanctuaries
Watches/Clocks 3812-3873
(a) Limited to 5,000 square feet per floor
(b) Except labor pools in Qroup 7363
(c) Exceotion for newspaoers in Qrouo 2752
(d) Except commercial use employinQ drive-up, drive-in, or drive-throuQh delivery of aoods and/or services
(e) Exceot that fire orotection and police orotection in arouos 9221 and 9224 are limited to administrative
offices only
(I) Except civic, social, and fraternal orQanizations in Qroup 8641 and reliQious orQanizations in aroup 8661
(9) Except liauor stores in Qroup 5921
(h) Except pawn shops in Qroup 5932
13 Excludes major distribution center.
14 Excludes outdoor kenneling.
15 Limited to 1,800 square feet of gross floor area.
Page 45 of 95
Words struck through are deleted, words underlined are added
n ft
.~ .}
(i) Except retail firearm and ammunition sales in qrouo 5941
(j) Except coin operated laundries and dry cleaninq in aroup 7215
(k) Except miscellaneous personal services not elsewhere classified in qroup 7299
(I) Refer to specific requlations in the GGDCCO district (2.03.07 NA.a.iLl
(m) Limited to pocket parks only, qenerally described as a small area accessible to the aeneral public that
often includes plantinqs, fountains, seatinq areas, and other similar passive open space features.
Table 2. Land Uses that May be Allowable in Each Zoning District as Accessory
Uses or Conditional Uses.
C = conditional use
A = accessory use
(I,) ~
"C
ACCESSORY AND 0
0
CONDITIONAL USES 0
en
Administrative or service building
Adult day care 8322
Agricultural: animal & livestock breeding, exotic aquaculture,
aviary, diary or poultry plant, egg production, exotic animals,
ranchinQ, or wholesale reptile breeding
Agricultural
Agricultural services 0741,0742,
0752-0783
Amusement & recreation services 7911 C
7911-7941,
Amusement & recreation services 7991-7993,
7997, 7999
Amusement & recreation services 7948, 7992,
7996, 7999
Ancillary plants
Animal control
Aquariums 8422
Archery ranges 7999
Assisted living facilities
Auctioneering Services, auction rooms and houses 7389,5999 C(a)
5521, 5551,
Automotive dealers and gasoline service stations 5561,
5599
Automotive rental/leasing 7513,7519
Beach chair, bicycle, boat or moped rentals
Bed & breakfast facilities 7011
Boathouses
Boat ramps
Boat yards
Botanical garden 8422
Page 46 of 95
Words struck through are deleted, words underlined are added
8A
C = conditional use
A = accessory use
CII i
"C
ACCESSORY AND 0
U
CONDITIONAL USES u
en
Bottle clubs 5813
Camping cabins
Care Units
Caretaker's residence A(b)
Category II group care facilities
Cemeteries
Chemical products 2812-2899
Child day care 8351
Churches & places of worship 8661
Civic & cultural facilities
Clam nurseries
Cluster development
Cocktail lounges 5813
Collection/transfer sites
Commercial uses
Communications 4812-4841
Communication towers
Community centers C
Community theaters 7922
Concrete or asphalt plants
Continuing care/retirement centers
Convenience stores 5411
Dancing establishments & staged entertainment
Depository institutions 6011-6099
Detention facilities
Docks
Drinking establishments 5813
Driving ranges
Earth mining
Eating establishments 5812
Education services 8211 -8222
Page 47 of 95
Words struck throl:lgh are deleted, words underlined are added
8' ..
,', l
C = conditional use
A = accessory use
CII ~
"C
ACCESSORY AND 0
u
CONDITIONAL USES u
en
Education facilities; public & private schools 8211-8231
Electric generating plants
Electric, gas, & sanitary services 4911-4971
Enamelinq, paintinQ, or platinQ A(e)
Excavation
Extraction related processing and production
Fabricated metal products 3482-3489
Farm labor housing
Farm product raw materials 5153-5159
Field crops
Fish ing/h unting/trapping 0912-1919
Food products 2011,2048
Food service
Food stores (over 5,000 s.f.) 5411-5499 C
Fraternal lodges, private club, or social clubs
Fuel dealers 5983-5989
Fuel facilities
Funeral services & crematories 7261
Gas generating plants
Gift shops 5947
Golf club house
Golf course
Golf driving range
Group care units
Guesthouses
Health services 8011
Homeless shelters 8322
Hospitals 8062-8069
Hotels and motels 7011, 7021,
7041
Hunting cabins
Incinerators
Jails
Justice, public order & safety 9211-9224
Page 48 of 95
Words struck throl:lgh are deleted, words underlined are added
8A
C = conditional use
A = accessory use
CII i
"C
ACCESSORY AND 0
u
CONDITIONAL USES ()
en
Kennels & kenneling 0742,0752
Kiosks
Leather tanning & finishing 3111
Livestock
Local and suburban transit 4111 -41 21
Local and suburban transit 4131-4173
Lumber and wood products 2411-2421, 2429
Maintenance areas
Major maintenance facilities
Marina 4493,4499
Mental health facilities
Merchandise - outdoor sales
Miniature golf course 7999
Mixed residential and commercial
Model homes and model sales centers
Motion picture theaters 7832 C
Motion picture theaters 7833
Motor freight transportation and warehousing 4212,4213-
4225,4226
Motor freight transportation and warehousing 4225,4226
Noncommercial boat launching ramps
Nursery - retail 5261
Nursing and personal care facilities 8062
Nursing homes
Oil and gas extraction 1321,1382
Oil & gas field development and production
Outdoor display
Packinghouse
Paper and allied products 2611
Personal services 7291
Petroleum refining and related 2911-2999
Pistol or rifle range
Page 49 of 95
Words struck through are deleted, words underlined are added
8A
C = conditional use
A = accessory use
CII ~
"C
ACCESSORY AND 0
u
CONDITIONAL USES u
en
Play areas and playgrounds A
Poultry raising (small)
Primary metal industries 3312-3399
Private boathouse and docks
Private clubs
Private landing strips
Pro shops (large)
Pro shops (small)
Recreational facilities 8
Recreational services
Refuse systems 4953
Rehabilitative centers 8093
Repair or storage areas
Residential uses
Resource recovery plant
Restaurant (small) or snack shop 5812
Restaurant (large) 5812
Retail shops or sales
Rubber and misc. Plastic products 3061-3089
Sanitary landfills
Sawmills
Schools, public or private
Schools, private
Schools, vocational 8243-8299
Service facilities
Slaughtering plants 2011
Social association or clubs 8641
Social services 8322-8399
Soup kitchens
Sports instructional camps or schools
Staged entertainment facility
3211, 3221,
Stone, clay, glass and concrete products 3229, 3231,
3241,3274,
Page 50 of 95
Words stmck through are deleted, words underlined are added
,-;~
~ ,)' a
/' "*:?
\ i
C = conditional use
A = accessory use
CII ~
"C
ACCESSORY AND 0
u
CONDITIONAL USES u
en
3291-3299
Swimming pools - public
Storage, enclosed
Tennis facilities
2231, 2261-
Textile mill products 2269, 2295,
2296
Transfer stations 4212
Veterinarian's office 0741-0742
Wholesale trade - durable goods 5015, 5051,
5052,5093
5162,5169,
Wholesale trade - nondurable goods 5171,5172,
5191
Yacht club 7997
Zoo
(a) Limited to 5,000 square feet per floor
(b) Accessory to commercial and residential mixed use proiects
(c) Accessory to an artist's studio or craft studio only
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SUBSECTION 3.H. AMENDMENTS TO SECTION 2.05.01 Density Standards and
Housing Types
Section 2.05.01 Density Standards and Housing Types, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as
follows:
2.05.01 Density Standards and Housing Types
A. Where residential uses are allowable, the following density standards and
housing type criteria shall apply.
Page 51 of95
Words struck tHrough are deleted, words underlined are added
SA
i:i'
~
Housing ~ Density
l\I
Type: ... ~ (units per gross acre)
Q)
Zoning .Q .91
e
District ::J ,~
~ .c:
.l!l ~
"-
~ Q) Q) :5 -
Q) e !g l\I
'E ~ e l::
!g ~ ... 0
111 '- ~ ~
e l\I ~
Ll.. :..: 0 ... .c: l\I
, .c: .e ~ .S! - .5 ~
CII .!!! ~ ~ e
Cl g. ~ :a !g e ,e (,l
c ~ ~ <3 ::J a ~
en Q ~ ~
Per underlyinQ
zoninQ district
GGDCCO -L
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SUBSECTION 3.1. AMENDMENTS TO Chapter 4 Table of Contents
Chapter 4 Site Design and Development Standards, of Ordinance 04-41, as amended,
the Collier County Land Development Code, is hereby amended to read as follows:
CHAPTER 4
SITE DESIGN AND DEVELOPMENT STANDARDS
4.01.00 Generally
4.01.01 Elevation Requirements for All Developments
4.01.02 Kitchens in Dwelling Units
4.02.00 Site Design Standards
4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts
4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base
Zoning Districts
4.02.03 Specific Standards for Location of Accessory Buildings and Structures
4.02.04 Standards for Cluster Residential Design
4.02.05 Specific Design Standards for Waterfront lots
4.02.06 Standards for Development in Airport Zones
4.02.07 Standards for Keeping Animals
4.02.08 outside Lighting Requirements
4.02.09 Design Requirements for Shorelines
4.02.10 Design Standards for Recreation Areas within Mobile Home Rental Parks
4.02.11 Same-Hurricane Shelters within Mobile Home Rental Parks
4.02.12 Same-Outdoor Storage
4.02.13 Same-Development in the BP District
4.02.14 Same-Development in the ACSC-ST District
4.02.15 Same-Development in the SBCO District
4.02.16 Same-Development in the BMUD - Neighborhood Commercial Subdistrict
4.02.17 Same-Development in the BMUD - Waterfront Subdistrict
4.02.18 Same-Development in the BMUD - Residential Subdistrict (R1)
4.02.19 Same-Development in the BMUD--Residential Subdistrict (R2)
4.02.20 Same-Development in the BMUD--Residential Subdistrict (R3)
4.02.21 Same Development in the BMUD Residential Neighborhood Commercial
Subdistrict (RNC)
4.02.21 Desh:m Standards for Development in the BMUD--Residential Subdistrict
Page 52 of 95
Words struck through are deleted, words underlined are added
~ 8.' ^
~'\..\
4.02.22 Same--GZO District
4.02.23 Same--Development in the Activity Center #9 Zoning District
4.02.24 Corridor Management Overlay District (CMO)--Special Regulations for
Properties Abutting Golden Gate Parkway West of Santa Barbara Boulevard and
Goodlette-Frank Road South of Pine Ridge Road
4.02.25 Mobile Home Overlay District (MHO)--Special Regulations for MHO in
Rural Agricultural (A) Districts
4.02.26 Golden Gate Parkway Professional Office Commercial Overlay District
(GGPPOCO)--Special Conditions for the Properties Abutting Golden Gate
Parkway East of Santa Barbara Boulevard as Referenced in the Golden Gate
Parkway Professional Office Commercial District Map (Map 2) of the Golden Gate
Area Master Plan
4.02.27 Specific Design Standards for the lmmokalee--State Road 29A
Commercial Overlay Subdistrict
4.02.28 Same--Jefferson Avenue Commercial Overlay Subdistrict
4.02.29 Same--Farm Market Overlay Subdistrict
4.02.30 Same--Agribusiness Overlay Subdistrict
4.02.31 Same--Central Business Overlay Subdistrict
4.02.32 Same--Main Street Overlay Subdistrict
4.02.33 Same--Mobile Home Park Overlay Subdistrict
4.02.34 Specific Standards for Shopping Centers
4.02.35 Design Standards for Development in the GTMUD-Mixed Use Subdistrict
(MXD)
4.02.36 Design Standards for Development in the GTMUD-Residential Subdistrict
.cB1
4.02.37 Design Standards for Development in the Golden Gate Downtown Center
Commercial Overlav District (GGDCCO)
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SUBSECTION 3.J. AMENDMENTS TO SECTION 4.02.16 Same-Development in the
BMUD-Neighborhood Subdistrict
Section 4.02,16 Same-Development in the BMUD-Neighborhood Subdistrict, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
4.02.16 Same Design Standards for Development in the BMUD - Neighborhood
Commercial Subdistrict
^. Purpose
Tho purposo and intont of this Subdistrict is to encourage a mix of low
intonsity commorcial usos and residontial usos, Dovolopmonts will bo
human scalod and podostrian orientod.
OA. Dimensional Standards
Page 53 of 95
Words struck through are deleted, words underlined are added
8. ft
l I
Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict.
Desjan Standards
Minimum Sotbacks
Front yard
Buildings containing commorcial or rosidontial uses ara raquirod to a minimum
Front yard dopth of 35 foot from tho front sotback lino on all floors. Tho romaining depth may
infill projoct bo usod for parking. J\t five feot, 80 porcont of tho structuro must bo locatod at the
.~~. ,:.~..J ..~_. I:_~ ~ . ..~_. ,~...J ,:H... . . '.. .~., ,.~~
front yard 5 feet from the property line to the buildinQ footprint.
build-to-Iine
The front
build-to-Iine
shall also
apply to any
new buildinCls
or structures
in the C-1
throuQh C-5
zoninQ districts
which 1. EiQhty percent of the structure must be located at the required front yard
underlay the build-to-Iine: the remaininQ 20 percent must be behind the front yard build-to-
BMUD line within the ranQe of 3 to 10 feet.
NeiQhborhood
Commercial 2. BuildinQs containinQ commercial or residential uses are required to have a
Subdistrict. minimum depth of 35 feet from the front yard build-to-Iine on all floors. The
remaininQ depth of the lot may be used for parkinQ.
3. BuildinQs which face Bayshore and intersectinq side streets shall have the
same front yard build-to-Iine as the front yard build-to-Iine for Bayshore.
Minimum Setbacks
Side yards - abuttinq residential 1 5 feet
Side yards - all other 5 feet
Rear yard 20 feet
Waterfront I 0 ++ 25 feet
Building Standards
Locations on Bayshoro Drivo First floor olevation 10'0'01 with the sidowalk. The first floor of
.h~ h. . ~"~. h~ . . .~.
VI/hero possiblo buildings facing Bayshoro Dri'/o wrap around
tho corner as depicted on BMUD Figura 1.
The buildinQ facades facinQ the intersectinQ east-west
Building Design streets with Bayshore shall have the same architectural
desiQn treatment as the buildinQ facade facinq Bayshore
Drive,
Maximum Residential Density 12 units per acre
Maximum square footaQe A buildinQ with commercial use only is limited to a maximum
sauare footaae of 20 000 sauare feet.
Minimum Floor Area 700 square foot gross floor area for each building on the
ground floor.
BuildinCl Heiaht of Story 14 feet of buildinCl heiaht eauals one story
Maximum height of structures
Properties developed in conformance with underlying C-4 and C-5 zoning classifications are
restricted to maximum building height per section 4.02.01 A. Table 2.
160utdoor seating areas, canal walkway, water management facilities, and landscaping area may be located within the required setback,
.... Te aile,^, the rnaxim~m ~se ef the "'aterfrent, 13~i1sin[l I'lla,"ement on a lot ,"an vary Irem tRe re'1~ires setl3acks, provises S~CR variation is
recommenses l3y the CR." staff ans tRe co~nty al'Ghitect ans al'll'lroves l3y the Co~nty Mana[ler or sesignee.
Page 54 of 95
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8A
Commercial use only buildings
Maximum actual heiQht of 3 stories or 42 feet to buildinQ eave or top of a flat built-up
Structure 56 Feet. roof, measured to first finished floor elevation, by NFIP
standards. Parapets on flat roof can be no more that 5 feet in
heiQht.
Residential use only buildinQs
Maximum actual heiQht of 3 stories or 42 feet to buildinQ eave or top of a flat built-up
roof. measured to the first floor elevation, by NFIP standards.
structure 56 Feet. Parapets on flat roof can be no more that 5 feet in heiqht.
Mixed-use buildinQs residential 4 stories or 56 feet to buildinQ eave or top of a flat built-up
roof, measured from the first finished floor elevation, by NFIP
on top of commercial uses standards. Parapets on flat roof shall be no more than 5 feet
Maximum actual heiQht of s70 in heiqht. Only the first two floors shall be used for
commercial uses. The first floor ceiling hoight at tho sidov.'alk
Feet. lovol shall bo no loss than 12 foot and no more than 18 foot
in height from tho finishod floor to tho finishod coiling and
shall bo limitod to commorcia.1 uses only.
4 stories or 56 feet to buildinQ eave or top of a flat built-up
roof, measured from the first finished floor elevation, by NFIP
Hotel/Motel standards. Parapets on flat roofs can be no more that 5 feet
in heiQht.
Maximum actual heiQht of
structure 70 Feet.
CeilinQ HeiQht
The first floor ceilinq shall be no less than 12 feet and no
more than 18 feet in heiQht from the finished floor to the
finished ceilinq and shall be limited to commercial uses only,
B. Special Requirements for Accessory Uses,
1, Uses and structures that are accessory and incidental to the permitted
uses allowed within this subdistrict are allowed unless otherwise
prohibited in this subdistrict.
2. BMUD-NC land Properties immediately adjacent to Haldeman Creek may
engage in boat rental operations,
3, Lots adjacent to the Neighborhood Commercial (NC) and Waterfront (W)
Subdistricts, as indicated on BMUD Map No, 1 bolow, may construct a
dock provided the lots are under the same ownership as the adiacent
BMUD-NC or BMUD-W parcels. and havo boon approvod by tho County
Manager or designoo. A site development plan shall be submitted to the
County Manager or designee and must succeed in gaininq approval.
c. The following regulations govern the outdoor display and sale of merchandise.
1 , No automatic Hood and drinking vending machines or public pay phones
are permitted outside of any structure,
2, Newspaper vending machines will be limited to two machines per project
site.:. and must bo architecturally intograted within the project site,
3. Outdoor display and sale of merchandise, within front yards on improved
properties, are permitted subject to the following provisions:
a, The outdoor display/sale of merchandise is limited to the sale of
comparable merchandise sold on the premises.:. and as indicatod on
Page 55 of 95
Words struck through are deleted, words underlined are added
8A
Appraisers
Architectural, Engineering, Surveying Services 0781,8711- E(a)
8713
Assisted Living Facilities
Attorney Offices & Legal Services 8111 P
Auctioneering Service, Auction Rooms and Houses 7389,5999
Auto and Home Supply Store 5531 P
Automobile Parking 7521
Automotive Repair, Services, and Parking 7514,7515,
7521,7542
Automotive Repair, Services, and Parking 7513-7549
Automotive Services
5511,5531,
Automotive Dealers and Gasoline Service Stations 5541,5571,
5599
Barber Shops or Colleges 7241
Beauty Shops or Schools 7231
Biking Trails
Bowling Centers 7933
Building Construction 1 521-1 542
Building Materials 5211-5261
Building Materials, Hardware, Garden Supplies 5231 - 5261
Business Associations 8621
Business Repair Service P
7311,7313,
7322-7331,
Business Services 7338, 7361, P
7371, 7372,
7374-7346,
7379
7311-7313,
Business Services 7322-7338, p
-
7361-7379,
7384
7311,7313,
Business Services 7322-7338,
7384
7311-7313,
Business Services 7322-7338,
7361-7379,
7384, 7389
P = permitted
E = permitted with certain exceptions
"'0
Blank cell = prohibited (also see table of conditional and $()
5i{)~
accessory uses) () c"D
cell:
<U ~~:::
"0 o ~..
0 ... ca ~
() c S
() ~ 'i: co
oQ)<3
Land Use Type or Categorylll US c 6.5
$ 'jij8
111'- 0
el U C
...Cl
C CII Cl
CII E B
'0 Eo!
'0 8~
el
Business Services 7311-7352, E(b)
7359,7361-
Page 36 of 95
Words struck through are deleted, words underlined are added
8A
tho propriotors' occupationalliconso,
b, Tho outdoor display/salo of morchandiso is pormittod on improvod
commorcially zonod proportios and is subjoct to tho submission of a
site dovelopmont plan that domonstratos that provision .....ill bo mado
to adoquatoly addross tho following:
L Vohicular and podostrian traffic safoty moasuros,
ii. Location of salo/display of morchandiso in rolation to parking
aroas,
iii. Firo protoction moasuros.
iv, Limitod hours of oporation: from dawn until dusk,
,/, Morchandise must bo displ3yod in a vondor cart that
complomonts tho architoctural style of tho building that it is
accessory to,
vi. Vendor carts locatod on sido':.'alks must afford a fivo (5) foot
cloaranco for non obstructod podostrian tr::1ffic.
ED. Parking Standards.
1. Four (4) Throo spaces per 1,000 square feet of floor area open to the
general public for commercial use,
2. Minimum two (2) one and one half (1.5) eAe parking spaces for each
residential unit.
3. Outdoor cafe afeaS seating shall be exempt from parking calculations,
1. Accoss to tho off stroot parking facility must bo from tho local stroot unloss
restrictod duo to lot sizo,
5, Should tho proporty ownor dO'Jolop on stroot parking spacos on local
stroots 'Nithin tho samo block of tho projoct sito, thon oach spaco so
providod shall count as ono spaco to'I.'ard tho parking roquiromont of this
subsoction,
&:- 4, On-street parking on local streets excluding Bayshore Drive requires an
agreement with the county to use the public right-of-way for parking,
Angle or parallel parking (as depicted on BMUD Figure 21 (bolow) is
permissible based on the site development plan as approved by the
planning services dopartmont County Manaqer or desiqnee and built to
county standards. Tho proporty ownor must agroo to maintain that portion
of tho public right of 'Nay whoro tho parking is locatod,
3 ~, Lots adjacent to the Neighborhood Commercial (Nc) and Waterfront
district (W) Subdistricts, as indicated on BMUD Map No, 1, may be used for
off-sHe street parking, The accessory parking zone providod tho lots aro
must be under the same ownership or leqal control (Le., lease or
easement. etc), and meet the standards of section 4,05.02 of this LDc and
have a site development plan beon approved by the County Manaqer or
desiqnee, a sito dO'Jolopmont plan. shall bo submittod to tho County
Managor or dosignoo.
Page 56 of 95
Words struck through are deleted, words underlined are added
Q~
r'~
BMUD Figure 1 - Typical Corner Lot Development and On-Street Parking
(For illustrative purposes only)
~"fi;' ~~ ~\~tJ ~~ t ~.
~ . .,':1 \ =; ~~~~i\\~ L~:;l'. _. J'-
,~' 'lli#D"""'~~'~':L-
~!~R~ 6l~~f~~7ii~ ffl. C
. ~ ~'~~~S~\~~~0)' 1r ~ 11
~u~ >- DU~ [
~ e e &, ,"" [
. ',,'" " ~f
:M."" -.'OOL'" .", ",.''';
.:"i! .' .11..19-.0. ..
,.. rrn r::r ' ~
QJ. i~
~j~ ~
'ii'kit ~~ ~C
~Ij""l ":-: ' s- j~':l~
ilfL._; c~..L_;A. ,) '" C~_H
[l]J lI:D ErE 0/
DELETE EXISTING GRAPHIC]
MUD Fiquro 2 Tvpical On stroot Parking
8. On stroot parking on Bayshoro Drivo shall bo mado availablo to tho
proporty ownor on a first como first sorvo basis at tho timo of sito
dovolopmont pl3n (SDP) or site impro'lomont plan (SIP) approval providod
tho parking doos not intorforo with tho on stroot biko lanos and is locatod
within tho block in which tho block that tho proporty it sorvos is locatod,
9, Construction or rono'.<ation of any building must occur within ninoty (90)
days of tho SDP or SIP approval and bo complotod within six (6) months
of commoncomont in ordor to socuro tho on stroot parking spacos, Duo to
circumstances boyond tho control of tho applicant tho proporty o':mor may
roquost an oxtonsion from tho County Managor or dosignoo, Thoso
spacos must bo usod toward tho fulfillmont of tho parking roquiromonts sot
forth horoin.
10. Tho off site parking roquiromonts of soction 1,05,02 J, of tho LDC shall
apply. Vohicular ogross points may bo locatod on local stroots opposito
residontial homos providod thoy aro 'Nithin tho Bayshoro Mixod Uso
Ovorlay District.
*~. Shared parking requirements shall be consistent with those provided in
subsection 4,05.02 of the LDc, except that the County Manager or
designee can approve or deny requests instead of the Zoning & Land
Development Review Director with review by the cDES Administrator
Board of Zoning Appeals or Planning Commission, Shared parking spaces
may be separated by Bayshore Drive provided the two properties are
located within the BMUD.
~E. Design Standards For Awnings, Loading Docks, and Dumpsters
-+:. Rotractablo a'Nnings shall bo oxompt from firo sprinklor roquiromonts,
Fixod awnings undor 115 squaro foot shall bo subjoct to sprinklor
roquiromonts but only from tho potable wator supply without roquiromonts
for backflow protoction,
2-,.1, Loading docks and service areas shall not be allowed on tho frontago Iino,
alonq the street frontage,
~2. All dumpsters for new developments must be located in the rear yard of
the property, and not visible from Bayshore Drive,
Page 57 of 95
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8 ~A
G. /\rchitoctural Standards,
1. All buildings shall moot tho requiromonts sot forth in soction 5,05,08
unloss othorwiso spocifiod bolm~J,
2, 1\11 buildings adjacent to Bayshoro Drivo will havo tho principal podostrian
entranco fronting Bayshore Drivo,
3. Thirty fivo (35) porcont of tho buildings facado that bcos ~ Bayshoro
Drivo v.'ill bo cloar glass,
1, Cloar glass windows botwoon tho hoight of threo (3) and oight (8) foot
abovo sidowalk grado are required on tho primary facado of tho first floor
of any building,
5, Attachod building awnings may oncroach ovor tho sotback Iino by a
maximum of fi'/o (5) foot.
6, Noon colors shall not bo usod as accont colors.
F. Landscapinq and Buffer Requirements
1, As required by section 4.06,00 of this Code, unless specified otherwise
below:
2. Buffers are required between BMUD-Nc and BMUD-W Subdistricts and
contiquous BMUD-R1 throuqh R4 Residential Subdistricts, A minimum 10-
foot wide landscaped area shall be required, This area shall include: a 6-
foot hiQh opaque masonrv wall: a row of trees spaced no more than 25
feet on center; and a sinqle row of shrubs at least 24 inches in heiqht. and
3 feet on center at the time of plantinq, Landscapinq shall be on the
commercial side of the wall.
3. A shared 10 foot wide landscape buffer with each adiacent property
contributinq a minimum of 5 feet is required between BMUD-Nc and
BMUD-W Subdistricts abuttinQ commercial zoned districts or abutting
BMUD-NC or BMUD-W Subdistricts, However, the equivalent buffer area
square footaqe may be provided in the form of landscaped and
hardscaped courtyards. mini-plazas. outdoor eatinQ areas. and building
foundation plantinq areas,
4. Building Foundation Planting
The foundation plantinQ shall be a minimum of 50% of the qround floor
building perimeter measured in linear feet and an averaqe of five-feet (5)
wide. This area must be landscaped with trees and/or palm trees in the
amount of one tree or palm per 25 linear feet of building foundation
plantinq perimeter; and with 3-qallon shrubs and 1-qallon qround covers
other than qrass, Trees and palm trees shall be planted in areas that are
a minimum of 8 feet wide. Palm trees, when used to meet these building
foundation requirements, shall be counted as one palm is the equivalent of
one tree,
5. Water Manaqement Area
A minimum of 50% of the surface water manaqement area shall be
landscaped. Trees shall be provided at the rate of 1 tree per 250 square
feet. with the balance of the area landscaped with shrubs. qround covers
and ornamental qrasses,
6. Parkinq Perimeter
Parkinq lots and/or access drives abuttinq commercial property shall
have a shared 10 foot perimeter landscaped buffer. with each side
contributinq a minimum of 5 feet. This area shall include a row of trees
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spaced no more than 30 feet on center,
7. RiQht-of-Wav Buffers
External riqhts-of-way (ROW) adiacent to the Neiqhborhood Commercial
Subdistrict (NC) are not required to have ROW buffers,
a. The streetscape and landscaping standards in the ROWs abUltinft
c-1 throuqh c-5 commercial, BMUD Nc and BMUD W developments will
be based on Streetscape Desiqn Guidelines to be prepared by the
Bayshore / Gateway Trianqle CRA Advisory Board and the Bayshore
Avalon Beautification MSTU.
8. Streetwalls
Streetwalls shall be used when surface parkinq lots abut the right-of-
way of Bayshore Drive, Van Buren Avenue and Thomasson Drive.
a. The wall shall be constructed of the same materials as the primary
buildings and be 3 to 4 feet in heiqht, and shall have a 12 inch
proiection or recess a minimum of every 10 to 15 feet. The
streetwall may be a combination of wall and metal fence materials,
The street side of the streetwall shall have trees at 30 feet on
center and shrubs least 24 inches in heiqht and spaced 3 feet on
center at the time of plantinq, with qround covers other than qrass
in a minimum 5 foot wide strip. No streetwall is required if all of
the parkinq is located in rear of the development.
b. No two streetwalls shall adioin on a common property line,
c. The streetwall shall be set back the appropriate distance from the
front yard setback line in order to meet County standards for site
distance trianqles (Section 4,06.01, D,1.) for eqress from parking
lots.
9. These landscapinq and buffer requirements shall apply to all new
bUildings in the BMUD Neiqhborhood Commercial (NC) and Waterfront
(W) subdistricts and c-1 throuqh C-5 zoninq districts,
Side Parking Lot with Streetwall
G. Architectural standards Desiqn Theme,
The "Florida Cracker" architectural theme is encouraqed for any new
developments or existinq building rehabilitation or renovation in the C-1
throuqh C-5 zoninq districts which underlay the BMUD Neiqhborhood
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~ ' {r\',
(j"j '..'
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Commercial (Nc) and Waterfront (W) Subdistricts. If the suqqested architectural
desiqn theme is used then the elements of the buildings should reflect the
architectural vernacular of the "Florida Cracker" style,
BMUD Figure 3: "Old Florida" or "Florida Cracker" Vernacular (For illustrative
purposes only)
1. All buildings shall meet the requirements set forth in section 5,05.08
unless otherwise specified below.
2. Reqardless of the architectural theme chosen, the followinq desiqn
elements are required,
a. Hip or qable building roofs shall be metal seam ( 5v Crimp,
standinq seam or similar desiqn)
b. Windows with vertical orientation and the appearance of divided
qlass trim,
c. Facade wall building materials shall be of wood, stucco finish or
cement board products.
2~AII buildings adjacent to Bayshore Drive shall have the principal
pedestrian entrance fronting Bayshore Drive.
~ Thirty-five (35) percent of the buildings facade that faces along
Bayshore Drive will be clear glass.
4.L- Clear glass windows with a tint of 25% or less, between the height
of two (2) throo (3) and seven (7) eight (8) feet above sidewalk
grade are required on the primary facade of the first floor of any
building.
5~Attached building awnings may encroach over the setback line by
a maximum of five (5) feet.
6h. Florescent Ne9R colors shall not be used as accent colors.
H. Signs, As required by division 5.06,00 unless specified below:
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1. One sandwich boar sian is allowed per business establishment as lono as
the base is no more than 30 inches and a maximum heioht of 42 inches,
I. Specific Standards for Bed And Breakfast Lodoino as a Conditional Use,
1. Minimum number of ouest rooms or suites is two (2) with a maximum
number of six (6). Guest occupancy is limited to a maximum stay of thirty
(30) days, The minimum size of bedrooms for Quest occupancy shall be
100 square feet.
2. No cookino facilities shall be allowed in ouest rooms,
3. Separate toilet facilities for the exclusive use of quests must be provided,
At least one (1) bathroom for each two (2) Questrooms shall be provided,
4. All automobile parkinQ areas shall be provided on site, based upon a
minimum of two (2) spaces plus one (1) space for each bedroom, All
other applicable provisions of the LDC relative to parkinQ facilities shall
applv,
5. One (1) sign with a maximum sign area of four (4) square feet containinq
onlv the name of the proprietor or name of the residence. Sian lettering
shall be limited to two (2) inches in heiqht and shall not be illuminated.
6. An on-site manaqer is required,
SUBSECTION 3.K. AMENDMENTS TO SECTION 4.02.17 Same-Development in the
BMUD Waterfront Subdistrict
Section 4,02.17 Same-Development in the BMUD Waterfront Subdistrict, of Ordinance
04-41, as amended, the Collier County Land Development Code, is hereby amended to
read as follows:
4.02.17 Sarno Design Standards for Development in the BMUD - Waterfront
Subdistrict
A. Desion Standards for the Subdistrict are the same as those set forth for the
BMUD Neiohborhood Commercial Subdistrict, unless set forth below,
Development in this subdistrict is encouraoed to be a mix of restaurant and retail
uses while allowino for limited marina uses,
A. B. Special conditions for Marinas:
1. Repair and illY storage areas shall not be visible from the ~ street.
2. Boats available for rental purposes shall be located in the water or
properly screened with a fence or wall from the local side streets
road'Nays and not visible from Bayshore Drive,
3, All boat racks shall be enclosed-;-, with a wall or fence, The fence material
can be wood, vinvl composite. concrete block with stucco finish or metal or
a combination, No chain link fence is allowed,
4. Height of structures may be increased to a maximum actual height of fifty
(50) feet by the Board of Zoning Appeals (BZA) upon approval of a
variance petition, Tho BZ/\, in addition to tho findings in Chapter 9, shall
consider 'Nhother or not the literal intorprotation of tho provisions of this
LDC imposes a financial hardship on the applicant.
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5. Outdoor displays of-Aew boats for sale on properties fronting Bayshore
Drive shall be limited to the following:
a, All areas used for fleW boat sa1es display activities shall occupy no
more than thirty-five (35) percent of the linear frontage of the
property,
b, ".11 boat salo activitios aro Iimitod to no'.\' boat salos,
G:-,Q, All fleW boat sale areas shall not be closer to the frontage line than
the primary building they serve.:. unloss it is othorwiso
recommondod st3ff and shall bo administrati'.'oly approvod by tho
County Managor or dosignoo.
4c, All fleW boats located within an outdoor sale~ area shall not exceed
the height of seventeen (17) feet above existing grade,
&,.g, Outdoor sales areas shall be connected to the parking area and
primary structure by a pedestrian walkway,
~, An additional 10 foot landscape buffer is required around the
perimeter of the outdoor boat sales area, This buffer must include,
at a minimum fourteen (14)-foot high trees, spaced at thirty (30)
feet on center and a three (3)-foot high double row hedge spaced at
three feet on center at the time of planting.
6, Outdoor displays of boats on properties fronting Haldeman Creek shall be
limited to the following:
a, All areas used for boat sales shall utilize no more than fifty (50)
percent of the linear frontage of the property,
b, All fleW boat sale areas shall not be closer to the frontage line than
the primary building they serve, unloss it is othOlv.'iso rocommondod
for approval roviO'.'Iod 3nd commontod on by tho CR/'. Local,^.dvisory
Board staff and shall bo administrativoly approvod by tho County
Managor or dosignoo,
c, All boats located within outdoor sales areas shall not exceed a height
of thirty-five (35) feet above the existing grade, Sailboat masts are
exempt from this limitation,
d. Outdoor sales areas shall be connected to the parking area and
primary structure by a pedestrian walkway,
e. An additional landscape 10 foot buffer is required around the
perimeter of the outdoor sales area, This buffer must include, at
minimum fourteen (14) foot high trees, spaced at thirty (30) feet on
center and a three (3)-foot high double row hedge spaced at three (3)
feet on center at the time of planting,
7. One (1) parking space per five (5) dry boat storage spaces,
8. On-site traffic circulation system shall be provided that will accommodate
areas for the loading and unloading of equipment that will not encroach
!!Qon residential developments,
SUBSECTION 3.L. AMENDMENTS TO SECTION 4.02.18 Same-Development in the
BMUD Residential Subdistrict (R1)
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Section 4,02,18 Same Development in the BMUD Residential Subdistrict (R1), of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
4.02.18 Same Desian Standards for Development in the BMUD - Residential
Subdistrict (R1)
Subdistrict design standards encouraqe the development of a variety of housin~
types which are compatible with existing neiqhborhoods and allow for build in
additions such as front porches, In new development the purpose is to
encouraqe a traditional neiqhborhood desiqn pattern, The intent is to create a
row of residential units with uniform front yard setbacks and access to the
street.
A. Dimensional and Design Standards
Table 12. Design Standards in the BMUD Residential Subdistrict R1.
Desian Standards
Maximum Density: 12 units por acro Densitv allowed for underlyina zoninQ pursuant to the
Densitv Ratina Svstem' unless affordable housina densitv bonuses are aranted.
Minimum Lot Width (feet)
Single-family aM 50 feet
Two-family/Duplex 50 feet
Townhouses 25 feet
Multi-family 1 00 feet
Minimum Setbacks
Min. front yard At Min. Side Yard Min. Rear
Yard
(feet)
One sinQle (singlo) family 10 feet,!."dwolling 7.5 feet un loss abutting 15
detached dwelling unit commorcial proporty, thon
a-f.eet
Two family / Duplex 1 0 feet': 5 feet un loss abutting 15
dwelling units singlo family unit, thon 7.5
feet
Townhouse 10 feet.: o feet when abutting 15
another townhouse, if not
then the same standards
as a two family dwelling
unit
Multi-family (three or 1 0 feet': 5 feet unless abutting 15
more) dwelling units single family unit, then 7.5
feet
Building Standards
Minimum Floor Area 750 squ~lrO foot por unit
Sinale-family 1500 square feet per unit
Two-family/Duplex 1 OOOsQuare feet per unit
Townhouses 1000 square feet per unit
Multi-family 750 square feet per unit
Maximum 3 habitable floors or 4G 42 feet to building
Hoight of Principal Structurol> eave or top of a flat built-up roof, measured
Maximum actual heiQht of principal structures from the first habitable floor elevation. by
56 Feet NFIP standards. Parapets on flat roof can
be no more that 5 feet in heiQht.
Maximum Height of Accessory Screen Same as principal structure, not to exceed
Enclosures 35 feet
Maximum height of all other accessory ~ 26 feet, but in no case hiQher that the
structures main buildina.
Parking Standards
All us os 1 spaco por dwolling unit.
Parkina standards ParkinQ standards as required by sections
4.05.02 and 4.05.03 of this Code.
* Shall bo ton foot from tho proporty lino to tho building footprint.
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B. Specific Design Requirements
1, Thoro shall bo no visiblo pa.rking aroa from tho frontago roa.d,
Parkinq areas shall not be visible from Bavshore Drive,
2. Buildings and their elements shall adhere to the following:
a. Street-facinq facades of multi-familv 8Quildings shall be divided using
articulation and/or modulation at least every sixty (60) eighty (80)
feet.:. facade modulation is stepping back or extending forward a
portion of the facade at least five (5) ~ ~ feet measured
perpendicular to the front facade for each interval. Articulation
includes porches, balconies, bay windows and/or covered entries,
b. The primary residonco entrance shall be oriented to the street.
Orientation is achieved by the provision of a front facade including
an entry door that faces the street.
c. On corner lots, both street facades of a building shall have
complementary details; in particular, building materials and color,
rooflines and shapes, window proportions and spacing, and door
placement.
d. All mechanical equipment must be screened with a throo (3) foot high
hodgo spacod throo (3) foot on contor or an opaque fence or wall at
a aRy heiqht which is 18 inches above the top of the equipment. te
complotoly scroon tho mochanical oquipmont.
e. Stom wa.1I construction is roquired, no monolithic construction is
allo,,"Jod,
!.:. Landscapinq and buffer requirements for new residential
development as required bv section 4.06,00 of this Code,
BMUD Fiaure 4- Tvpical Front Elevation. Residential Development (For illustrative
purposes onlv)
SIngle Family Dotach8d r..., S101)1
SfnrIIo Family DtittrdJed
T"" FamPy I Duplex I Two Stoty
Two FomUy I OupJex
Townhou...: SinrP- FsmUy ~
Apsrt""",t.: Multi-Family
3. Buildings shall adhere to the following elevation requirements:
a. The first habitable floor at the street facade may not be greater
than one (1) foot three (3) feet over the minimum first floor elevation
designated in the National Flood Insurance Program (NFIP) Flood
Insurance Rate Map, by tho Fodoral Emorgoncy mana.gomont
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,^.goncy (FEM/\), .^. maximum of forty (40) porcont of tho first
habitablo floor may bo greator than ono (1) foot ovor tho FEM/\
dosignatod minimum first floor olovation,
b. A maximum of two feet of fill shall be allowed on site towards
meeting NFIP requirements, Additional NFIP finished habitable
floor heiqht requirements shall be accomplished throuqh stem wall
construction, Stem walls shall be finished in material and color
complementary to the principal structure,
c. Open stilt-type construction is not permitted, On front yards, the
foundation area below the first floor must be treated with a solid
facade or lattice which is consistent with the architectural style of
the building,
d. The garage floor shall not exceed twenty-four (24) inches above the
elevation of the right of way crown of road from which it is
accessed.
4. Front porches tHat shall adhere to the following.,.~ standards may oncroach
sovon (7) foot into tho front yard sotback if tho structure is locatod on tho
Minimum Front Yard Sotback (10 foot) with an additional throo (3) foot
oncroachmont alloy/ablo for ontry stairs,
a. Front porches may encroach seven (7) feet into the front yard
setback if the structure is located on the minimum front yard
setback (10 feet) with an additional three (3Hoot encroachment
allowable for entry stairs,
BMUD Figure 5: Front Porches (For illustrative purposes onlv)
PCN'Ch.. CIIn .n~roKh 7 FT
7 into Front YllI1l s.u.dl
ww
Sld.....k
Plrkwlly
Porches 40% of
Front Facade
s_
ab, Front porches must cover a minimum of forty (40) percent of the
horizontal length of the front yard facade of the primary
residence.
bc, Front porch design and material shall be consistent with the
architectural design and construction material of the primary
residence.
Gd, Front porch os shall not bo air conditio nod nor onclosod with glass,
screon, or othor matorial. Front porches shall not be air-conditioned
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nor enclosed with glass, scroon plastic, or other materials,
Screenino the porch is allowed as lonq as the moldinos that hold
the screen material matches the material and des ion character of
the structure,
€Ie. Front S-~econd-story porches are encouraged, but no enclosed
room is permitted above the front porch.
5. Garages and driveways.
a, Tho roar sotback may bo roducod to ton (10) foot if a front accoss
garago is constructod on tho roar of tho rosidonco,
~a, Garage doors shall have a maximum width of sixteen (16) feet.
c, Only one drivoway is allowod por fifty (50) linoar foot of front
proporty lino. Tho drivoway shall havo a maximum width of oightoon
(18) foot in tho right of way aroa,
4b, The driveway shall have a maximum width of eiqhteen (18) feet in
the riqht-of- way area, Other than the permitted driveway. the front yard
may not be paved or otherwise used to accommodate parkino,
e, Garagos shall bo rooossod a minimum of throo (3) foot bohind tho
front facado of tho primary rosidonco,
BMUD Figure 6: Garage Drivewav (For illustrative purposes only)
a.~.
Chng<t Min/mun
k:=: 23 FMt ftom t
Back of ::l
~ ----- ~ S~k ~
~ ij I
m
Sidewalk
f No carports aro permittod.
c. No freestandino carports are permitted, Carports and porte-cochere
must be attached to the principal structure and of similar
materials and desiqn as the principal structure.
d. The distance from the back of the sidewalk to the qaraqe door
must be at least 23 feet to allow room to park a vehicle on the
driveway without parkino over the sidewalk. Should the oaraqe be
side-loaded there must be at least a 23-foot paved area on a
perpendicular plane to the qaraoe door or plans must ensure that
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parked vehicles will not interfere with pedestrian traffic,
BMUD Figure: 7 Porte-cochere (For illustrative purposes on IV)
....------.----"'"
I
,
,
,
,
,
~"",'.".,',/,',',
' ,/
" ,
,/ "
6, Accessorv Unit
An accessory unit is a separate structure located at tho rear of on the property
and related to the primary residence (sinqle-familv detached only) for uses which
include, but are not limited to: hlibrary, studio, workshop, playroom, screen
enclosure, qaraqe, swimminq pool or questhouse guost quartors, O'tmorship of
an accossory unit shall not bo transforred indopondontly of tho primary
residonco,
a. Ownership of an accessory unit shall not be transferred independentlv of
the primary residence,
tioQ. Only one (1) accessory unit of each type is permitted per principal
structure,
&"c. The maximum area of an accessory unit is 550 square feet, limited to
one (1) habitable floor.
s-:d. The accessory unit may be above a garage or may be connected to the
primary residence by an enclosed breezeway or corridor not to exceed
eight (8) feet in width,
~. The maximum height of a structure containing a questhouse uffit over a
garage is limited to a maximum of eightoon (18) twenty (20) feet,
measured from the level of graded lot to the eave, and with a maximum
ovorall actual building height of twenty-six ~ (26) ~ feet to the top of
the roof, /\ structure containing only a guost unit is limitod to ono (1) story
and ton (10) foot, moasured from tho FEM/\ first habitablo floor hoight
requiremont to tho oavo, 'Nith a maximum ovorall building hoight of sixtoon
(16) foot to tho top of tho roof,
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.t A structure containinq onlv a quest unit must meet the NFIP first
habitable floor elevation requirement. The maximum actual building
heiqht shall not exceed twenty-six (26) feet to the top of the roof,
e For purposos of calculating donsity, an accossory unit '/ViII count as one
half (1'2) a d'....olling oo.jt.
Table 13: Setbacks for Accessorv Buildings and Structures
Buildina / Structure Front Rear Side
Librarv SPS* 1 0 feet SPS*
Studio SPS* 10 feet SPS*
Workshop SPS* 15 feet SPS*
Swimmina 0001 and/or screen enclosure SPS* 1 0 feet SPS*
Plavroom SPS* 10 feet SPS*
Garaae SPS* 10 feet SPS*
Garaae Guesthouse above SPS* 15 Feet SPS*
Guesthouse SPS* 15 Feet SPS*
*SPS - Same as principal structure
7, Fencing forward of the primary facade of the structure is permitted subject to
the following conditions:
a, The fence shall eees not exceed 42 inches four (4) feet in height.
b, The fence shall have an opacity ranqe of 18% to 50% is not opaquo but
providos an opon viow
c, Chain link fence is prohibited,
d. The fence material shall be wood, vinyl, composite, stucco block or metal
ifeR.
e,. A masonry wall is pormittod and shall not oxcood throo (3) foot in hoight.
f.,. Fencing and w,)lIs must architocturally complomont tho primary structuro.
as dotorminod by tho County Managor or dosignoo,
BMUD Figure 8- Permitted Tvpical FencinQ (For illustrative purposes only)
C, Spocific standards for bod and breakfast lodging as a condition,)1 uso:
1, .^. sito do\'olopmont plan pursuant to Chaptor 10,
2. Minimum numbor of guost rooms or suitos is two (2) with a maximum
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numbor of six (6), Guost occupancy is limitod to a maximum stay of thirty
(30) days, Tho minimum sizo of bod rooms for guost occupancy shall bo
100 square foot.
3. No cooking facilitios shall bo allowod in guost rooms,
4, Soparato toilot facilitios for tho oxclusivo uso of guosts must bo pro'.'idOd,
At loast one (1) bathroom for oach tv\'o (2) guostrooms shall bo providod.
5, ,A.II automobilo parking aroas shall bo pro'/idod on sito basod upon a
minimum of two (2) spacos plus one (1) spaco for oach two (2) bod rooms,
All othor applicablo provisions of this LDC rolativo to parking facilitios shall
apply,
6, Ono (1) sign with a maximum sign aroa of four (4) square foot containing
only tho namo of tho propriotor or namo of tho rosidonco, sign lottoring
shall bo limitod to two (2) inchos in hoight and shall not bo illuminatod.
7, An on sito managor is requirod,
8, Tho facility shall comply with all businoss liconso, cortifications, and hoalth
laws of Collior County and tho Stato of Florida,
SUBSECTION 3.M. AMENDMENTS TO SECTION 4.02.19 Same-Development in the
BMUD Residential Subdistrict (R2)
Section 4,02.19 Same-Development in the BMUD Residential Subdistrict (R2), of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
4.02.19 SameDesign Standards for Development in the BMUD--Residential
Subdistrict (R2)
A. Desiqn Dovolopmont Standards for the subdistrict are the same as those
set forth for tfle Residential sSubdistrict 1, unless set forth specified below.
Table -1-314. Setback Standards for BMUD Residential Subdistrict (R2)
Setbacks Min. front yard At:. Min, Side Yard Min. Rear Yard
One (Single) Family 25 feet~ 7.5 feet 15 feet
Detached Dwelling
Units
Two Family / Duplex 25 feet.: 6 feet unless 15 feet
Dwelling Units abutting single family
unit, then 7.5 feet
Townhouse 25 feet': 6 feet un less 15 feet
abutting single family
unit, then 7.5 feet
Multi- Family (Three 25 feet': 6 feet unless 15 feet
or more) Dwelling abutting single family
Units unit, then 7,5 feet
*Shall bo 25 foot from tho proporty lino to tho building footprint.
SUBSECTION 3.N. AMENDMENTS TO SECTION 4.02.20 Same-Development in the
BMUD Residential Subdistrict (R3)
Section 4,02,20 Same-Development in the BMUD Residential Subdistrict (R3), of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby
amended to read as follows:
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4.02.20 Same Design Standards for Development in the BMUD--Residential
Subdistrict (R3)
A. Tho purpose of this district is to allow tho devolopment of mobile homo,
modular homo, townhousos and single family rosidonces, All now
dovolopmont in this Subdistrict shall bo compatiblo '/lith tho building
pattorns and facado articulation of traditional noighborhood dosign, Tho
intent is to croato a row of rosidontial units 'Nith consistont front yard
sotbacks and accoss to tho stroot. Development standards for this
subdistrict are the same as those set forth for the Residential Subdistrict 1,
unless set forth below.
B, Minimum Lot Width
Single-familY detached 40 feet
Modular homos -10 foot
Townhouses 25 feet
Mobile homos 4O-feet
C, Yard Requirements,
Front yard At Minimum Side Yard Minimum Rear Yard
One (Single) Family 10 feet* 5 feet 8 feet Modular
Detached Dwelling Dwolling Units
Units
Modular Dwelling 10 foot &-feet 8-feet
tJAits
Townhouse 10 feet* o feet when abutting 8 feet
another townhouse,
if not then 5 feet.
Mobilo Homos 10 foot* &-feet 8-feet
* Shall be 10 feet from the property line to the outer wall of the building footprint.
SUBSECTION 3.0. AMENDMENTS TO SECTION 4.02.21 Same-Development in the
BMUD Residential Neighborhood Commercial Subdistrict
(RNC)
Section 4,02,21 Same-Development in the BMUD Residential Neighborhood
Commercial Subdistrict (RNc), of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
4.02.21 Same Development in the BMUD Residential Neighborhood Commercial
Subdistrict (RNC)
A. Home occupation in soction 5,02,00 of tho LDC, shall apply unloss
spocifiod othorwise bolo'll, dO'.'elopmont standards for the subdistrict aro
tho samo as thoso sot forth for tho rosidontial subdistrict 2, unloss
othorwiso sot forth bolow.
B. The home occupations pormittod include: Aocounting (8721), auditing and
bookkooping sorvices (8721), barbor shops and boauty salons (7231
oxcept boauty culturo schools, cosmotology schools, or barber collogos),
onginoor or architootural sorvioes (8713, 8712, 8711), insurance agonts
and brokers (6111), logal sorvicos (8111), and roal ostato agonts (6531
oxcopt mobilo homo brokers, on sito; housing authorities, oporating),
C. The homo occupation shall bo cloarly incidontal to and socondary to tho
uso of tho dwolling for residontial purposos and shall not chango tho
charactor of tho d'Nolling unit. Tho follO'.ving conditions shall bo mot:
1, Thoro shall bo a minimum of one (1) rosidontial dwolling unit.
2, Tho rosidont of tho homo shall bo tho ownor and operator of tho
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J
home occupation,
3, Tho homo occupation shall not occupy moro than (thirty) 30 porcont
of tho primary residontial structuro,
4, Tho homo occupation shall not omploy moro than two (2)
omployoos at any givon timo,
5. Ono (1) 'Nail sign shall bo permittod providod it doos not oxcood six
(6) square foot in aroa, and shall not projoct more than four (4) foot
from tho building on which tho sign is attachod,
6. ^ total of t'l.'O (2) parking spacos shall bo provided for clionts or
customers, T'No (2) additional parking spacos shall bo providod for
employoos, if any, Tho roquired parking area or areas shall not bo
locatod in tho front yard of tho rosidonco,
7. Parking aroas shall consist of a dust froG surface such as: Mulch,
sholl, or asphalt. .'\ singlo row hodge at loast h\'onty four (24)
inchos in hoight at tho timo of planting shall bo requirod around all
parking aroas.
a. Thoro shall be no additional drivo'Nay to servo such homo
occupation,
9. Thoro shall not bo outdoor storago of matorials or oquipmont usod
or associatod 'Nith the homo occupation,
4.02.21 Design Standards for Development in the BMUD--Residential Subdistrict
(R4)
A. Development standards for the Residential Subdistrict R4 are the same
as those set forth for the Residential Subdistrict R2, except only sinqle-
family uses are permitted.
SUBSECTION 3.P. ADDITION OF SECTION 4.02.35 Design Standards for
Development in the GTMUD-Mixed use Subdistrict (MXD)
Section 4,02,35 Design Standards for Development in the GTMUD-Mixed use
Subdistrict (MXD), of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD- MIXED USE
SUBDISTRICT (MXD)
A. Dimensional Standards
Table 1. Design Standards for the GTMUD Mixed Use Subdistrict
DesiQn Standards Mixed Use Subdistrict
Front streetscape zone Davis Boulevard, US 41, Airport-PullinQ Road and
Commercial Drive
16 Feet
Measured from back of curb to front yard If no curb exists as on Commercial Drive the front
build-to-Iine, which includes existinQ streetscape zone shall be 6.5 Feet from the front
sidewalk area See GTMUD FiQure 1 property line.
The front streetscape zone shall also apply to any new
buildin~s or structures in the C-1 throuQh C-5; ZoninQ
Districts which under lay the GTMUD Mixed Use
Subdistrict.
Steps, and or ram os may encroach in to the
streetscape zone but no more than 3 feet.
Page 71 of95
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8A
Front yard build-to-Iine Sixteen feet measured from back of curb. If no curb
exists as on Commercial Drive the front yard build-to-
line shall be 6,5 feet from the front property line.
.L The front yard build-to-Iine shall mean that line to
The front yard build-to-Iine shall apply to which a buildina facade must be built. not a
any new buildinQs or structures in the C- minimum distance.
1 throuQh C-5 ZoninQ Districts which under
lay the GTMUD Mixed Use Subdistrict. 2. A minimum of 70 percent of the buildinQ's front
facade shall be placed on the front yard build-to-
line. The additional Front Facade has to be
recessed a minimum of 3 feet from the front yard
build-to-Iine.
3. A minimum 1 0 feet Step-Back from the Front Build-
to-Line is required at the third floor and above.
Other Streets in Mixed Use Subdistrict
front yard build-to-Iine At the Front Property Line.
.L The Front Build-to-Line shall mean that line to
which a buildina facade must be built, not a
The front yard build-to-Iine shall apply to minimum distance.
any new buildinas or structures in the C-
1 throuQh C-5 ZoninQ Districts which under 2. A minimum of 70 percent of the buildinq's front
lay the GTMUD Mixed Use Subdistrict. facade at the Qround level shall be placed on the
front yard bu i1d-to-line. The additional front
facade must be recessed a minimum if 3 feet from
the front yard build-to-Iine.
~ A minimum 10 foot step-back from the front yard
build-to-Iine is required at the third floor and
above.
Minimum setbacks
Side yards - abuttinQ residential 1 0 feet
Side yards - all other o or 10 feet minimum
Rear yard 0-5 feet
Waterfront 1 tl 25 feet
Minimum buildina separation o or 10 feet
Maximum residential density .L For a mixed use proiect, 12 units per acre in the
"Mini TrianQle" defined by US 41 East, Davis
Boulevard and Commercial Drive. These bonus
density units are not deducted from the Bonus
Density Pool.
2. For a mixed use proiect, 12 units per acre to
include all areas of the Mixed Use Subdistrict
except:
. North side of Davis Boulevard
. East side of Airoort-PullinQ Road
For these excepted areas, three units per acre, or
as may be allowed by a rezoninQ pursuant to the
Future Land Use Element.
3. Residential only proiects (not part of a mixed use
development), per the underlyinQ zoninQ district, or
as may be allowed by a rezoninq pursuant to the
Future Land Use Element.
1a Outdoors seatinq areas. canal walkwav. water manaqement facilities. and landscaoinq area may be located within the required
setback.
Page 72 of 95
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8A
Minimum floor area 700 square foot qross floor area for each buildinQ on
the nround floor.
Minimum lot area 80,000 Square feet
Minimum lot width 400 feet
BuildinQ footprint A buildinQ with only commercial use is limited to a
maximum buildinQ footprint of 20,000 square feet.,
except in Mini TrianQle maximum limit is 30,000 square
feet.
BuildinQ heiQht of story 14 feet of buildinQ heiQht equals one story
Maximum heiQht of structures
Properties developed in conformance with underlying C-4 and C-5 zoning classifications are
restricted to maximum building height per section 4.02.01 A. Table 2.
Commercial use only buildinQs 3 stories or 42 feet to bottom of buildinQ eave or top of
Maximum actual heiQht of structures - 56 a flat built-up roof, measured to first finished floor
feet. elevation, by NFIP standards. Parapets on flat roof can
be no more that 5 feet in heiaht.
Residential use only buildinQs 3 stories or 42 feet or 4 stories or 56 feet if frontinQ on
Maximum actual heiQht of structures = 56 US 41 , measured to buildinQ eave or top of a flat built-
feet. UP roof, measured from the first floor elevation, by NFIP
standards. Parapets on flat roof can be no more that 5
feet in heiQht.
Mixed-use 4 stories or 56 feet measured to buildinQ eave or top of
residential over commercial use buildinQs a flat built-up roof, measured to first finished floor
Maximum actual heiQht of structures - 70 elevation, by NFIP standards. Parapets on flat roof can
feet. be no more that 5 feet in heiQht.
Hotel/Motel
Maximum actual heiQht of structures - 70 4 stories or 56 feet measured to buildinQ eave or top of
feet. a flat built-up roof, measured to first finished floor
elevation, by NFIP standards...-Parapets on flat roof can
be no more that 5 feet in heiQht.
"Mini TrianQle" Mixed Use Proiect 8 stories or 112 feet to buildinQ eave or top of a flat
Maximum actual heiqht of structures = built-up roof, measured to first finished floor elevation,
126 feet. by NFIP standards. Parapets on flat roof can be no
more that 5 feet in heiQht.
Mixed use building uses Only first two floors can be used for commercial uses.
Ceiling height
The first floor ceilina heiQht shall be no less than 12 feet
and no more than 18 feet in heiQht for commercial uses
from the finished floor to the finished ceilinQ and shall
be limited to commercial uses onlv.
B. Requlations For Outdoor Display And Sale Of Merchandise.
1, No automatic food and/or drink vendinq machines or public pay
phones are permitted outside of any structure,
Page 73 of 95
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8A
2, Newspaper vendino machines will be limited to two machines per
proiect site which can be individual building or a multiple building
development.
3. Outdoor displav and sale of merchandise, within front yards on
improved properties, are permitted subiect to the following
provisions:
4, The outdoor displav/sale of merchandise is limited to the sale of
comparable merchandise sold on the premises,
GTMUD Fiaure 1 - Front Setback Zone Davis Boulevard. US 41. Airport-Pulling
Road and Commercial Drive (For illustrative purposes onlv)
Front Setb.t;k Zone
Mixed Use Subdistrict
and C-1 through C-5
Commercial Zoning
DhJtric:ts
Front Setback Zone
Mixed Use Subdistrict
and C-1 through C-5
Commercial Zoning
Distrlc:ts
1- ___,...,...,
I
I
1
:tl
@:
1
I
I
1
1
1
:tl
01
Q:I
1
: I i
~ 1 1
o ~ I I
'l5, 1 1
15 : +j. 5'-8" l. +MOF1 I
iil1'....."""'r "~'" '-f "
Zone Zone I ~
! I
~" ,'~
Front S~cII: Zone: fB FMI Ll.:
, I ~
~S Iii
! 1 UFl )I UFl ""
C - --'I'~
~ Zm<o Zoo. "i
FIDtrt SdJek ZoM, " fNt l.l.:
Davis Boulevard, US 41
and Airport-Pulling Road
Commercial Drive
GTMUD Figure 2 - Design Guidelines: Streetscape Zones Davis Boulevard. US 41.
Airport-Pulling Road and Commercial Drive (For illustrative purposes onlv specific
Desion Guidelines will prepared bv Bavshore / Gatewav Trianqle eRA Advisory Board)
Materi.IJ: ~Paven
5tH: 3-TlSx 7.118 x "'I8InehN
-,-
CoJor. To 8e Delfmnitlwi
Ro,.,Poimo f...()Ft~
HoIg/J/
-'- f~ lioWOl AnI'"
Coocnw &com FItJ/fh
25Rto3llFl
Sp$c:iog Yariea to AIeeI ExIBiinQ
Conliflotl., such nlJri","",Y$
m"" .,
I
I ~~
! ~f
!...e.
! f-
IliI
Page 74 of 95
Words struck through are deleted, words underlined are added
t). ,I
('~~~\
GTMUD Fiaure 3 - 3 Story Buildina Height. Step Back. Proiections. and Recesses
(For illustrative purposes onlv)
Mixed Use Subdistrict! Residential
above Commercial or Residential
Only Fronting on US 41 :
3 Stories
Maximum Actual Height: 56 Feet
Mini Triangle Mixed Use
BStories
Maximum Actual Height: 126 Feet
Commercial Zoning Districts
Heights according to current LDC
Ii Feet
r~~ \::
, proJectIon AJIO'nd
for Awnings,
CanopIes, "nd
BaICOllIea:
{; Feet MIIJdmlJ/1/
.. ..
P8rspet mexlmum 4 feet ebo\I8 Roof
-~-~-~ - ~ -~-~--
Bo/tom of Ellve U".. or Top of 8IJut-up Roof
10 Feet Minimum
Sl8p-Bsck Item
Front Ystd
BuIId-ID-LJne
3rd story IIf/d
Aba....
!
~
t
...
I
i
e.
Mexlmum Height: 42 Ft 1
Commercittl Un or If
Resldentis/ Use BuIId/ngtJ ~
Only t
i
..,
~r1ential U.. Only
.. I
:51
.21
~
~I
'21
~I
"el
~
70" of Front FIICIIde muM be pieced on
Front Ystd BuIJd..to..Une, IIf/d R908M8lI
must be " Minimum of 3 Feet
3 F..t
GTMUD
Mixed Use Subdistrict and C-1 through C-5 Districts:
Building Height, Step-Back, Projections and Recesses
Page 75 of 95
Words struck through are deleted, words underlined are added
!
!!
J
i
~
III
I
I
Mixed Use Subdistrict! Residential
above Commercial or Residential
Only frpntl!!Jl on US 41 :
4 Stories
Maximum Actual Height: 70 Feet
Mini TrI8ng/e_M1~8!1 Use
8 Stories
Maximum Actual Height: 126 Feet
Qommerclal Zoning Districts
HeIghts according to current LDC
ProjedJons
Allowed br
AomIngo, or
B81conIa
Parapet mulmum 4 f&eI above Roof
BoI1om of E.II8 Lin. or Top af &J/It-up Roof
...........
5 ,...,
RHidenlis' Use Only
10 Minimum FIHlt
10 FIHlt Minimum <----'-~
SIlrp-Back I'tom I
Front Ysrd
BuIId-ID-Une Bt
3Id and SIDIy
andAboll8
ProJ.,;tJon AIIoWBd
for Awn/ngI,
Csnopls., and
BsJconiss
l.tOlf/mun
r~ ,...,
~i
~ .1----
.i!1
~I
-:'1
1:1
~
RealdenliBl Use Only
4 Storls8
Msximum Height 66 Ft
Mixed U..:
ReskJsntlfII 0II8r
Commsn:IIJJ or Rssldenllsl Un Only CommercIfII or RelldsnlJa/
Only FfIXIIJng an US 41
CoIIInQ
......................................-
Caft1g
FIrsI Floor HeIght
No IeS5 than 12 FfIIJt
No mot8 than 18 FIHlt
I'tom !!
Finished Ftoor 10 CsII/nf1 :l!:!!
F/nIt Floor CommeroIaI Use Only
_Floor
70% of Front Fecede must be p/Bced an
Front yBtTi BuIId-Io-lJne. BIId R_
mulll be e MInImum of 3 FMt
3 Feet
GTMUD
Mixed Use Subdistrict and C-1 through C-5 Districts:
Building,Height, Ste~~-,_cls, PrgLf!~flons and Rec!Jsses
8A
!
::
f
$
I
i
~
~
III
I
!
~
It
Ii
~
It!
t
J
...
GTMUD Figure 4 - 4 Story Building Height. Step Back. Proiections. and Recesses
(For illustrative purposes only)
Page 76 of 95
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8A
c. Parking Standards For Mixed Use Proiects
Property developed in conformance with underlvino zoninq classifications
shall meet the parkino space requirements per section 4,05,03 and
4,05,04 of this Code,
1, Four (4) spaces per 1,000 square feet of floor area open to the
oeneral public for commercial use,
2, Minimum one and one half (1,5) parkino spaces for each residential
unit.
3. Outdoor cafe areas shall be exempt from parking calculations.
4. Parkino Location
a. New Development
i. Interior lots
Parkino shall be located behind the front yard build-
to-line on side or rear of the buildings.
II. Corner lots
Parkino shall be located behind the front vard(s)
build-to-Iine on side or rear of the buildings,
b. The parkino location requirements will also applv to new
development for C-1 throuoh c-5 zoned property, which
underlav the GTMUD Mixed Use Subdistrict. Parkinq lots
shall be desiqned for interconnection, with adiacent property,
GTMUD Figure 5 - Parking Location (For illustrative purposes onlv)
GTMUD - Mixed Us. Subdistict:
Location of Off Street PlIrlrina
r -..-----------.-.-------1
~
~
,~ Front Yard Bulld-1<HJne
c;. 100% Roqulrllcl ParkIng
r -1- - - - - - - - - -- - - - - - - - -It{ onRearorSldes
I
I
I
Comer Lots
100 % of parking
permitted on side or
raar of Front Yard
Build-ta-Line.
Front Yard Bui/d-to--UnG
I_V,
J
Inter/or Lots
100 % of parking
permitted on side or
raar of Front Yard
Build-to-Line.
Public 5/1vel
L.::'.-.:: FronI Yard BuHrJ.lrHJ""
II
5. Shared parkinq requirements shall be consistent with those provided in
subsection 4,05.02 of the LDc,
D. Desion Standards for Awninos, Loadino Docks, Dumpsters, and Streetwalls
1. Loadino docks and service areas shall not be allowed on the Front Build-
to-Line.
2. All dumpsters must be located in the rear yard and screened from US 41.
Davis Boulevard, Commercial Drive. or Airport-Pullino Road.
E. Landscapinq and Buffer Requirements.
1. Landscapino and buffer requirements shall be pursuant to section 4,06,00
of the Code unless specified otherwise below:
Page 77 of 95
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8A
2, Buffers are required between GTMUD-MXD Subdistricts and contiquous
GTMUD-R Residential Subdistricts, A minimum buffer 10-foot wide
landscaped area shall be required, This area shall include: a (6) six-foot
hiqh opaque masonry wall; a row of trees spaced no more than 25 feet on
center; and a sinqle row of shrubs at least 24 inches in heiqht. and 3 feet
on center at the time of plantinq. Landscapinq shall be on the commercial
side of the wall,
3. A shared 10 foot wide landscape buffer with each adiacent property
contributinq a minimum of 5 feet is required between GTMUD-MXD
Subdistricts abutting Commercial Zoned Districts or abuttinq GTMUD-
MXD Subdistricts, However, the equivalent buffer area square footaqe
may be provided in the form of landscaped and hardscaped courtyards,
mini-plazas, outdoor eatinq areas, and building foundation plantinq areas,
4. Parkinq lots and/or access drives abuttinq commercial property shall be
required to have a minimum 10 foot perimeter landscaped buffer, This
area shall include a row of trees spaced no more than 30 feet on center,
5. Building foundation plantino will only be required on the rear and sides
yards. The foundation plantino shall be a minimum of 50% of the
building's oround floor perimeter measured in linear feet and an averaoe
of five-feet (5) wide, This area must be landscaped with trees and/or palm
in the amount of one tree or palm equivalent per 25 linear feet of building
foundation plantinq perimeter: and with 3-gallon shrubs and 1-qallon
oround covers other than grass. Trees and palm trees shall be planted in
areas that are a minimum of 8 feet wide. Palm trees, when used to meet
these buildinQ foundation requirements, shall be counted as one palm is
the equivalent of one tree,
6. A minimum of 50% of the surface water manaqement area shall be
landscaped, Trees shall be provided at the rate of 1 tree per 250 square
feet. with the balance of the area landscaped with shrubs, oround covers
and ornamental orasses,
7. Streetscape zone (front yard)
The streetscape and landscapino standards for this zone will be based on
Streetscape Desion Guidelines to be prepared by Bayshore / Gateway
Trianole eRA Advisory Board,
8. Streetwalls
Streetwalls shall be used when surface parkinq lots abut the right-of-
way of US 41, Davis Boulevard, Commercial Drive, or Airport-Pulling
Road, The wall shall be constructed of the same or complementary
materials as the primary buildings and be 3 to 4 feet in heioht. and shall
have a 12 inch proiection or recess a minimum of every 10 to 12 feet. The
streetwall can be a combination of wall and metal fence materials, (no
chain link fencinq is allowed) which:
a. Complement the building materials. The street side of the
streetwall shall have shrubs least 24 inches in heioht and spaced 3
feet on center at the time of plantinq, with oround covers other than
orass in a minimum 5 foot wide strip,
b. No two streetwalls shall adioin on a common property line,
~ The streetwall shall be set back the appropriate distance from the
Front Set Back Line in order to meet County Standards for Site
Distance Triangle (Section 4,06,01, D.1.) for eoress from parkinq
lots.
Page 78 of 95
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8A
9. The landscapinq and buffer requirements of this section shall apply to all
new buildings in the GTMUD- Mixed Use Subdistrict and underlyinq C-1
throuqh C-5 zoninq classifications reqardless of heiqht.
GTMUD Figure 6 - Streetwall (For illustrative purposes only)
Side Parking Lot with streetwa//
G. Architectural Standards,
Architectural desiqn theme, The "Old Florida" or "Florida Cracker" desiqn theme
is encouraqed for new development. construction or existinq building
renovation or rehabilitation in GTMUD Mixed Use Subdistrict, and the C-1 thouqh
C-5 Commercial Zoninq Districts within the GTMUD Overlay.
GTMUD Figure 7 - Old Florida or Florida Cracker Stvle (For illustrative
purposes only)
1. All buildings shall meet the requirements set forth in section 5,05.08
unless otherwise specified below,
2. Reqardless of the chosen architectural theme the followinq desiqn
elements are required,
a. All buildinas adiacent to US 41, Davis Boulevard. Commercial
Drive. Airport-Pullinq Road or future north-south streets will have
the principal pedestrian entrance fronting US 41, Davis Boulevard,
Commercial Drive, Airport-Pullinq Road or future north south
streets,
Page 79 of 95
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8A
b. Thirty-five (35) percent of the buildings facade that faces US 41,
Davis Boulevard, Commercial Drive, or Airport-Pullinq Road will be
clear Qlass with a maximum tint of 25%,
c, Clear Qlass windows (with a maximum tint of 25%) between the
heiqht of two (2) and seven (7) feet above sidewalk Qrade are
required on the primary facade of the first floor of any building,
d. Attached building awninqs, canopies or balconies may encroach
over the Front Build-to-Line by a maximum of five (5) feet.
e, Florescent colors shall not be used,
1. Maximum uninterrupted buildina lenQth requirements: Where a
building or a series of buildings form a continuous wall that
exceeds 200 feet in lenqth, a pedestrian walkway or passaqeway
shall be provided at the around floor within the middle third of the
lenQth, The walkway/passaQeway shall be not less than 15 feet in
width and not less than 10 feet in heiaht. A walkway/passaQeway
may be roofed, A walkway/passaaeway shall be open to the public,
g, Hip or qable building roofs shall be metal material ( 5v Crimp,
StandinQ Seam or similar design)
h. Have windows with vertical orientation and the appearance of
divided alass trim.
i. Facade wall building materials shall be of wood, natural stone,
stucco finish or cement board products,
GTMUD FiQure 8 - Building Length (For illustrative purposes only)
(fTJ~PD :_Mi!~J!.~!~~~.C!J!~f;!
SuiidJ"I1 Length
~/&PoNi~
.wj.~n~. ,~
""_""\If\fIOFH,
_tv CloM
I I
IM\lWIt;t..'3dL~ I
H. SiqnaQe shall be as required by division 5.06,0 unless specified below:
1. One sandwich board sign is allowed on the public right-of-way between
the curb or travel lane and the private property line per business
establishment as 10nQ as it is no more than ten (10) square feet per side,
allows for a passageway on the sidewalk of 36 inches for ADA
accessibility, and it is removed from the riaht-of-wav when the business
is not open.
SUBSECTION 3.Q. ADDITION OF SECTION 4.02.36 Design Standards for
Page 80 of 95
Words struck through are deleted, words underlined are added
8A
.illII
Development in the Golden Gate Downtown Center Commercial Overlay District
(GGDCCO)
Section 4,02,36 Design Standards for Development in the Golden Gate Downtown
Center Commercial Overlay District (GGDCCO), of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD--
RESIDENTIAL SUBDISTRICT (R)
A. Dimensional and Desiqn Standards
Table 2. Design Standards in the GTMUD Residential Subdistrict (R)
Densitv Per Under LyinQ ZoninQ RMF-6 6 units per Per new zoninQ district
RMF 6 or RSF 4 or as may acre consistent with the Future
be allowed by a rezoninQ RSF- 4 4 units per Land Use Element
pursuant to the Future acre
Land Use Element
Minimum Lot Width
SinQle-family 50 feet
Two-family / Duplex 50 feet
Townhouses 25 feet
Multi-family 1 00 feet
Minimum Setbacks
Min. front yard Min. side yard Min. rear yard (feet)
One (sinQle) family 1 0 feet 7.5 feet 1.Q
units
5 feet
Two family/ Duplex 10 feet 1.Q
dwellinQ units
o feet when abuttinQ
another townhouse, if
Townhouse 1 0 feet not then the same 1.Q
standards as a two
family dwellinQ unit
Multi-family (three or 1 0 feet 7.5 feet 1.Q
more) dwellinQ units
BuildinQ Standards
SinQle-family 1500 square feet per unit
Minimum floor area Two-family/Duplex 1000 square feet per unit
Townhouses 1000 square feet per unit
Multi-family 750 square feet per unit
Page 81 of95
Words stmck through are deleted, words underlined are added
SA
Maximum actual heiQht of principal structures 56 3 habitable floors or 42 feet to buildina eave or
feet top of a flat built-up roof, measured from the first
habitable floor elevation, by NFIP standards.
Parapets on flat roof can be no more that 5 feet in
heiQht.
Maximum actual heiQht of accessory screen Same as DrinciDal structure, not to exceed 35
enclosures feet
Maximum actual heiQht of all other accessory 26 feet but in no case hiQher that the main
structures buildina.
B. Parkinq Standards
1, Parkinq shall be as required by section 4.05,00 of the Code,
C. Architectural Standards
1, Buildings and their elements shall adhere to the followinq:
a. Street-facinq facades of multifamily buildings shall be divided
usinq articulation and/or modulation at least every sixty (60) feet.
Facade modulation is steppinq back or extendinq forward a portion
of the facade at least five (5) feet measured perpendicular to the
front facade for each interval. Articulation includes porches.
balconies. bay windows and/or covered entries,
b. The primary entrance shall be oriented to the street. Orientation is
achieved by the provision of a front facade includinq an entry door
that faces the street.
.2.:. On corner lots. both street facades of a building shall have
complementary details; in particular. building materials and color.
rooflines and shapes. window proportions and spacinq, and door
placement.
d. All mechanical equipment must be screened with a three (3)-foot hiqh
hedqe or an opaque fence or wall at any heiqht equal to the
mechanical equipment.
GTMUD Figure 9 Tvpical Front Elevation Residential Development (For illustrative
purposes only)
~ FM'>fy~ Twc SlI'll)l
S4<IgIe F4rtt!Jy 0WiIdItId
rwo hlrri!y I ~ I T'M> S/r.\ry
1lIo:IFfIfl'II'i/~x
Page 82 of 95
Words struck through are deleted, words underlined are added
t
Oil
3, Buildings shall adhere to the followinq elevation requirements:
a. A maximum of two feet of fill shall be allowed on site towards
meetinq NFIP requirements, Additional NFIP heiqht requirements
shall be accomplished throuqh stem wall construction. Stem walls
shall be finished in material and color complementary to the main
structure,
b, Open stilt-type construction is not permitted. On front yards, the
facade area below the first floor must be treated with a solid
facade or lattice, which is consistent with the architectural style of
the buildina,
c, The garaqe floor shall not exceed twenty-four (24) inches above the
elevation of the right-of-way from which it is accessed,
4, Front porches shall adhere to the followinq standards,
a, Front porches may encroach seven (7) feet into the front yard
setback if the structure is located on the minimum front yard
setback (10 feet) with an additional three (3)-foot encroachment
allowable for entry stairs,
b. Front porches must cover a minimum of forty (40) percent of the
horizontallenqth of the front yard facade of the primary residence,
c, Front porch desiqn and materials shall be consistent with the
architectural desiqn and construction materials of the primary
residence,
d, Front porches shall not be air-conditioned or enclosed with qlass.
plastic. or other materials. Screeninq the porch is allowed as lonq
as the moldinqs that hold the screen material match the material
and desiqn character of the structure,
e, Steps shall encroach no more than three feet into the front yard
setback,
GTMUD Figure10- Front Porches (For illustrative purposes only)
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5. Garaqes and Driveways.
a, Other than the permitted driveway, the front yard may not be
paved or otherwise used to accommodate parking.
b. No freestandinq carports are permitted. Carports and porte-cochere
(Fiqure GTMUD 11) must be attached to the principal structure
and must be of similar materials and desiqn as the principal
structure.
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c. The distance from the back of the sidewalk to the qaraqe door
(GTMUD Fiqure 10) must be at least 23 feet to allow room to park a
vehicle on the driveway without parkinq over the sidewalk. Should
the qaraqe be side-loaded there must be at least a 23-foot paved
area on a perpendicular plane to the qaraqe door or plans must
ensure that parked vehicles will not interfere with pedestrian traffic,
GTMUD Figure 11 Garages (For illustrative purposes onlv)
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GTMUD Figure 12 Porte-cochere (For illustrative purposes onlv)
,...-.- - - - - - _.- --,.
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6. An accessory unit is a separate structure located at the rear of the
property and related to the primary residence (sinQle-familv detached onlv)
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/0,
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for uses which include, but are not limited to: library, studio, workshop,
playroom, screen enclosure, qaraqe, swimminQ pool or questhouse,
Ownership of an accessory unit shall not be transferred independently of
the primary residence.
a, Only one (1) accessory unit of each type is permitted per principal
structure,
b, The maximum area of an accessory unit is 550 square feet,
limited to one (1) habitable floor,
c, The accessory unit may be above a qaraqe or may be connected
to the primary residence by an enclosed breezeway or corridor not
to exceed eiqht (8) feet in width,
d. The maximum heiqht of a structure containinq an accessory unit
over a qaraqe is limited to a maximum of twenty (20) feet,
measured from the level of Qraded lot to the eave, and with a
maximum actual building heiQht of twenty-six (26) feet to the top of
the roof. A structure containinq only a quest unit must meet NFIP
first habitable floor heiqht requirement.
Table 3: Setbacks for Accessorv Buildings and Structures
BuildinQ I Structure Front Rear Side
Library SPS* 1 0 feet SPS*
Studio SPS* 1 0 feet SPS*
Workshop SPS* 15 feet SPS*
SwimminQ pool and/or SPS* 1 0 feet SPS*
screen enclosure
Playroom SPS* 10 feet SPS*
GaraQe SPS* 1 0 feet SPS*
Garaqe Guesthouse SPS* 15 Feet SPS*
above
Guesthouse SPS* 15 Feet SPS*
*SPS - Same as principal structure
7, FencinQ forward of the front or primary facade of the structure is
permitted subiect to the followinQ conditions:
a, The fence shall not exceed 42 inches feet in heiqht.
b, The fence shall have an opacity ranQe of 18% to 50%
c. Chain link fence is prohibited,
d. The fence material shall be wood, vinyl. composite, stucco block or
metal,
e. Fencinq and walls must architecturally complement the primary
structure,
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S'; I
... f.-~
GTMUD Figure 13 - Permitted Typical Fencing (For illustrative purposes onlv)
8, Landscapinq and buffer requirements for new residential development
as required bv section 4,06,00 of the Code,
SUBSECTION 3.R. ADDITION OF SECTION 4.02.37 Design Standards for
Development in the Golden Gate Downtown Center Commercial Overlay District
(GGDCCO)
Section 4.02,37 Design Standards for Development in the Golden Gate Downtown
Center Commercial Overlay District (GGDCCO), of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
4.02.37 Desiqn Standards for Development in the Golden Gate Downtown Center
Commercial Overlav District (GGDCCO)
A. Development criteria, The followinq standards shall applv to all uses in
this overlav district. Where specific development criteria and standards
also exist in the Golden Gate Area Master Plan, or the Future Land Use
Element of the Growth Manaqement Plan, these standards shall
supersede any less stringent requirement or place additional requirements
on development.
1. Cessation of residential uses, Existinq, non-owner-occupied
residential uses located alonq Golden Gate Parkway shall cease to
exist no later than seven years after the effective date of the
adoption of the Downtown Center Commercial Subdistrict in the
Golden Gate Area Master Plan (adopted October 26,2004; effective
January 14. 2005), This does not require the removal of residential
structures located elsewhere in this overlav district.
2. Multi-storv buildings.
a. Onlv retail, personal service. and institutional uses are allowed
on the first floor,
b. All uses allowed bv this zoninq overlav. except restaurants and
cocktaillounqes, are allowed on the second floor,
c. Onlv residential uses are allowed on the third floor.
3. Density, Density shall be as per the underlvinq zoninq district. For
mixed-use proiects. density shall be calculated based upon total
proiect acreaqe,
4. Setbacks.
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a. All development and redevelopment on lots abutting Golden
Gate Parkway shall have a front yard and setback of no more
than fifteen feet (15). All proiects providinq a front yard setback
qreater than zero (0) feet must provide restaurant seatinq, and/or
open space areas such as other seatinq, plantinq areas, and
decorative landscape planters within such front vard, except that
water manaqement retention and detention areas are prohibited.
b. All development and redevelopment on properties in the overlay
area not abutting Golden Gate Parkway must comply with the front
yard setback requirements of that property's underlyinq zoninq,
c. Side yard setback shall be a minimum of 5 feet.
d. Rear yard setback shall be no less than one-half of the building
heiqht, with a 15-foot minimum,
5. Building footprint limits,
a. Minimum building footprint of 3,000 square feet.
b. Maximum building footprint of 12,000 square feet.
6. Minimum floor area - residential.
a. Mixed use. Minimum floor area of 1,500 square feet.
7. Minimum Height. The zoned heioht of buildintls shall be no less than
34 feet.
8. Maximum heioht. The actual heioht of buildings shall not exceed three
stories or 45 feet.
9. Crime Prevention ThrouOh Environmental Desion (CPTED) Standards,
The Golden Gate community supports the CPTED philosophy as a way
to reduce crime, improve neiqhborhood and business environments, and
increase overall quality of life of its citizens. CPTED principles such as
natural surveillance, natural access control, and territorial reinforcement
shall be incorporated into the overall desiqn of the proiect, consistent
with the provisions in this overlay and as identified below.
a. Public paths shall be clearly marked by usinq desion elements such
as landscapino and pedestrian accent Iiohtinq,
b. Public entrances shall be clearly defined by walkways and sionaqe,
as specifically provided in this overlay,
10, Common architectural style, In support of the purpose and intent of the
GGDCCO, all structures within the overlay district shall have a common
Mediterranean architectural style, with barrel tile roofs, stucco facades,
arches and wood accent members used as details. During the site
development plan review process, architectural drawinos shall be
submitted to demonstrate adherence to this requirement. All commercial
and mixed use buildintls and proiects shall be subiect to the provisions
of section 5.05,08 of the Code, except as provided herein,
11. Architectural standards. All buildings shall meet the requirements set
forth in section 5.05.08, except as otherwise specified below:
a, Buildings with frontatle on Golden Gate Parkway shall have
sixty (60) percent of the oround-floor facade finished with clear
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or Iiohtlv tinted olass,
b, The qlazed area of the facade above the first-floor shall be at
least twenty (20) percent but shall not exceed thirty-five (35)
percent of the total area, with each facade beino calculated
independentlv.
c, Desion elements used to embellish the primary facade shall be
similarlv incorporated into the rear facade of buildings,
d, The facades of buildings 5,000 square feet or laroer shall use
rooflines that vary in heiqht or architectural embellishments, such
as cupolas, at least every eiohtv (80) feet.
e, Parapet roof treatments are prohibited,
f, Flat roofs must be screened with a mansard edoe barrel tile roof
extendino the lenqth of all facades,
0, Building entrances shall be accentuated throuoh architectural
elements, liqhtino, landscapinq, and/or pavinq stones.
12. Outdoor displav/sale of merchandise
a, No automatic food and drink vendinq machines shall be located
exterior to buildings,
13. Access. Those aoqreqated lots developed under these overlay
provisions and frontino on Golden Gate Parkway must provide site
access from abutting local streets and may not obtain site access
from Golden Gate Parkway, and where one such commercial or mixed
use development provides site access at the proiect boundary
abutting other lots, whether aqqreqated or not for commercial or
mixed use development. Such developments must provide for ioint
or cross access with the abutting property or properties in order to
share access and minimize the number of points from Golden Gate
Parkway,
14. Parkinq standards. All commercial and mixed-use proiects shall meet
the parkino requirements as set forth below:
a, A minimum of three (3) public parkino spaces for each 1,000
square feet of commercial floor area,
b, A minimum of 1,5 parkino spaces for each residential unit.
c, No parkino is allowed in the front yard of lots abutting Golden
Gate Parkway,
d. There shall be no parkinq requirement for outdoor restaurant
seatino areas.
e, Shared parking is required, where possible and feasible.
f, Interconnection between adiacent parkino lots is required, where
possible and feasible.
0, Parkino facilitv liqhtinq shall be consistent with the
pedestrian/accent decorative liqhtino fixtures illustrated in Fiq, 29.
paoe 5-9 of the Golden Gate Community Roadways Beautification
Master Plan, as amended, and shall be maintained at a liqht level
of 3.0 foot candles, and arranqed and shielded in a manner that
protects roadways and neiohborinq properties from direct qlare or
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other interference.
h. All projects that are adjacent to residential development within the
district and/or residentially zoned properties outside the district shall
provide liohtinq fixtures with full-cutoff optics that direct the liqht
source downward.
i, The overnioht parkino of commercial vehicles, with a rated load
capacity of one ton or more, is prohibited,
1. The overnioht parkino 01, commercial vehicles shall be limited to
one (1) vehicle per 1,000 square feet of commercial floor area, not
to exceed six (6) commercial vehicles per building,
15. Project standards. In addition to the site desion elements described in
section 5,05,08 C.5.d of the Code, all projects shall provide:
a. Two accent or specimen trees, above the minimum landscape
code requirements, for every 100 linear feet alono both the front
and rear facades, at a minimum heioht of 18 feet at plantinq,
except that proiects with frontage alono Golden Gate Parkway
shall only be required to provide the plantinq alono the rear
facade,
b. Decorative landscape planters or plantino areas, a minimum of
five (5) feet wide, and areas for shaded seating consisting of a
minimum of 100 square feet.
16. Landscapino. All commercial and mixed use projects shall meet the
landscape requirements in section 4,06,00 of the Code, unless
otherwise specified in this zonino overlay,
a. Project Perimeter BufferinQ, All projects that are located
adjacent to residential zonino external to the district boundaries
shall provide a six (6) foot wide sidewalk and a minimum nineteen
(19) foot wide landscape plantino area, except that the project's
frontage alonq Golden Gate Parkway shall be exempt from this
requirement.
The plantino area shall be landscaped with: 1. shrubs and qround
cover; shrubs shall be planted in a double row and be no less than
24 inches in heioht at time of plantino; and, 2. Trees, planted one
per 30 linear feet and, at time of plantinq, shall be a minimum
heiqht of 22 feet.
b. Internal Project Buffering. All projects that are located adjacent
to a residential use within the district boundaries shall provide an
Alternative 8 buffer per section 4,06,02 C,2. except: walls and
berms are prohibited, a freestandinq hedoe must be 6 (six) feet in
heioht if a fence is provided it must be accompanied by a hedoe 3
(three) feet in heioht with a 2 (two) foot spread at time of plantinq,
The proiect frontaQe alono Golden Gate Parkway shall be exempt
from this requirement.
c. Building Foundation Plantino Areas, BuildinQ foundation plantinqs
shall be required for all projects, except for buildings adjacent to
Golden Gate Parkway and the rights-of-way abuttinq the district's
external boundaries,
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d. Proiect Vehicular Use Areas. Mountable curbs shall be provided for
all terminal landscape islands as depicted in Fiqure 3. Section
4,06.03,B.3.
17. Golden Gate Parkway Right-of-Wav Improvements, RiQht-of-wav
improvements required for properties/lots with frontage alono
Golden Gate Parkway,
a. Curbinq, All proiects/lots shall provide Type "F" non-mountable
curbino per F.D.O,T, "Roadway and Traffic Desion Standards"
Index 300, the latest edition.
b. Landscapino, All proiects/lots shall be required to provide an eight
(8) foot wide landscapino strip between the curb and sidewalk,
This plantino area may be reduced between tree spacino to five (5)
feet wide, for a maximum of 50 percent of the buffer area, to
accommodate street furnishinos and fixtures, consistent with the
Golden Gate Community Roadways Beautification Master Plan,
The landscapino strip shall be landscaped with: 1, Turf, not to
exceed 50 percent of the plantinq area; 2, Shrubs and qround
cover, at a minimum of 50 percent coveraoe, not to exceed a
mature heioht of twenty-four (24) inches; and, 3, Canopy trees,
planted one per 30 linear feet and, shall be at time of plantino, a
minimum 4-inch caliper with 8 feet of clear trunk and 22 feet in
heioht.
All plantinq materials in the public right-of-way shall be consistent
with those identified in the Golden Gate Community Roadways
Beautification Master Plan, Installation and maintenance shall be
consistent with the Collier County Construction Standards
Handbook for Work within the Right-of-Wav.
Where right-of-way plantinos above are not practicable, a plantinq
area and/or a decorative planter(s) may be provided consistent with
the Collier County Construction Standards Handbook for Work
within the RiQht-of-Wav,
Property owners shall be required to enter into a Landscape
Maintenance Aqreement with the County for the installation and
maintenance of the required right-of-way plantinos, Landscape
Maintenance Aqreements shall require a sioned and sealed
landscape and irrioation plan(s), review by the appropriate
Transportation Division staff, approval by the Board of County
Commissioners, and recordino of said aoreement with the Clerk of
Courts. Plans shall include, but not be limited to, the followinq:
I. Existino conditions inventory
II. Proposed plantinos/details of plantinq methods and
maintenance specifications
iii. Location of utilities
iv, Location of drainaoe facilities
v, Irriqation proposal, includino water connections
c. Sidewalks, All proiects/lots shall provide a ten foot wide sidewalk
between the required landscape strip identified in "b," above and
the property line. Sidewalks shall be constructed pursuant to the
Land Development Code and the "Construction Standards
Handbook for Work within the Right-of-Wav", Decorative pavers
(consistent with the approved pavers identified in the Golden Gate
Community Roadways Beautification Master Plan) may be
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substituted for portions of sidewalk, subiect to approval by the
County Manager, or desionee.
Where a portion of the required sidewalk cannot be constructed in
the public right-of-way, the property owner shall locate such
portion on their private property and orant the County an
easement.
18. Address numbers, Address numbers shall be 8 inches in vertical
heioht and shall be located on the primary building facade,
Numberino materials shall be reflective and have a contrasting
backqround,
19. Sionaoe, As required, allowed, or prohibited in section 5,06,00 of the
Code, except as specified below:
a. A sinole external wall sign may be applied to both the front and
rear facades of the building provided that it shall not exceed two
(2) feet in vertical dimension, This wall sign(s) shall not exceed
80% of the width of the unit(s) or the buildina occupied by a
business with a minimum of ten percent clear area on each outer
edqe of the unit(s).
The wall sign(s) shall consist of letters applied directly on the
facade(s) of the building.
A wall sian(s) shall only be permitted on the first floor of a
buildina,
b. In lieu of the external wall sign(s) permitted in paraqraph "a."
above, the vertical drip of an awnino may be stenciled with letters
no more than 8 inches in heioht and shall not exceed one third of
the lenqth of the canopy. Such sign shall be limited to the first floor
only,
c. In addition, an under canopy or proiection sign shall be required
for, and limited to, the business located on the first floor, Such
signs shall not exceed 6 square feet, shall not proiect more than
four (4) feet from the building on which it is attached, and shall be
elevated to a minimum of 8 feet above any pedestrian way and
shall not exceed a heiqht of 12 feet.
d. Sinqle or multiple occupancy parcels where there is double
frontage on a public riaht-of-wav. shall be allowed three signs,
but such signs shall not be placed on one wall, and shall be limited
to the first floor only.
e. Signs used on the primary facade shall also be similarly provided
on the rear facade of the buildings.
1. One identification sian may be provided for a second floor
business(s). Such sian shall only be permitted in the rear yard and
shall have a minimum setback requirement of 10 feet. Such sign
shall not exceed 24 square feet in size and 4 feet in heioht. The
display area of the sign may only include the business 1000, name,
and address.
Corner lots and throuoh lots shall locate such sign in the rear of
the buildina.
g. External signs shall not be translucent, but may be externally lit or
backlit.
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h. No sign, displav, merchandise or window tintinq shall be placed on
or adiacent to any window that would interfere with the clear and
unobstructed view of the interior of the establishment from the
outside and, in particular. of the cash reqister(s) from the street.
i. The followinq signs are prohibited: freestandina signs, except
identification signs. real estate signs. and construction signs;
stencilino and other window signs, except "open" sians, which
shall be limited to two and one-half square feet in size,
i. Portable restaurant signs shall be permitted subiect to the followinq
requlations:
1 , Signs shall be "A" frame desion
2, Onlv one sign shall be permitted per restaurant
3, The sign dimensions shall be a maximum of 24-inches wide
and 48-inches in heiqht.
4. The sian shall be displaved onlv durinq the hours of
operation of the establishment.
20, Liqhtinq, As described and provided in the Golden Gate Community
Roadwavs Beautification Master Plan or as identified below:
a. Internal Proiect Liqhtinq, All proiects shall use architectural
decorative Iiqhtinq, Such liqhtino shall be the same decorative
liqhtinq as identified in Figure 29 on page 5-9 of the Golden Gate
Community Roadwavs Beautification Master Plan, If such liqhtinq
becomes unavailable. similarlv themed lightinq shall be used. Liqht
fixtures must liqht all public use areas adiacent to the building
(e.q, entrvwav, courtyards. etc.) to a recommended 0,5 candle
level of illumination. Liqhtinq shall be arranqed in a manner that
protects roadways and neiqhborino properties from direct qlare or
other interference,
b. Street/Roadway Liqhtinq, Architectural decorative liqhtinq shall be
used alonq Golden Gate Parkway within the public right-of-way,
Such liohting shall be a variation of the decorative liqhtinq
identified as Fiqure 29 on paqe 5-9 of the Golden Gate Community
Roadwavs Beautification Master Plan. more specificallv identified
as the Lumec Domus Series (DMS50-250MH-SG3-480-LD-DL-
CRL72-1A/ U.S. 41 East Iiqhtinq fixture), If such liqhtinq becomes
unavailable. similarlv themed liqhtinq shall be used, The
installation and maintenance of liqhtinq shall be consistent with the
Collier County Construction Standards Handbook for Work within
the Right-of-Wav.
21, Dumpsters, Dumpsters shall be screened and positioned out of view
from public rights-of-way and pedestrian walkwavs,
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SUBSECTION 3.S. AMENDMENTS TO SECTION 10.03.05 Notice Requirements for
Public Hearings Before the BCC, the Planning Commission, the Board of Zoning
Appeals, the EAC and the Historic Preservation Board
Section 10,03.05 Notice Requirements for Public Hearings Before the Bee, the
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Planning Commission, the Board of Zoning, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
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G, Notice and public hearinq requirements where proposed resolution by the board
of county commissioners would approve a mixed use project (MUP) located in a
mixed use district overlay, In cases in which the applicant requests approval of
a mixed use proiect (MUP) under the provisions of a mixed use district overlay,
with or without requested allocation of bonus density units. where applicable, the
mixed use proiect shall be considered for approval pursuant to the followinq
public notice and hearinq requirements by the board of county commissioners,
1, The board of county commissioners shall hold one advertised public hearinq
on the petition to approve a mixed use project for property located in a mixed
use district overlay. The public hearinq shall be held at least 15 days after the
day that an advertisement is published in a newspaper of qeneral paid
circulation in the county and of qeneral interest and readership in the
community,
2, At least one Neiqhborhood Informational Meeting (NIM) shall be conducted by
the applicant (in conjunction with the overlay area advisory board, where
such advisory board exists) before the public hearinq by the board of county
commissioners. Written notice of the meetinq shall be sent by the applicant
to all property owners who are required to receive leqal notification from the
County pursuant to sections 10,03,05 B.8 and 10.03,05 B.9. A Collier County
staff planner, or desiqnee, must also attend the neiqhborhood informational
meetinq; however, the applicant is required to make the presentation on the
development plan of the subiect property.
3, The applicant shall further cause a display advertisement. one-fourth paqe.
in type no smaller than 12 point: which shall not be placed in that portion of
the newspaper where leqal notices and classified advertisements appear,
The ad shall be published no later than 7 days prior to the date of the
neiqhborhood informational meetinq. The ad shall state the purpose.
location. and time of meeting, and shall display a leqible site location map of
the property for which the mixed use project approval is beinq requested,
4, The applicant shall post the subiect property with an outdoor sign at least
ten days prior to the date of the public hearinq before the BCC, The sign to
be posted shall contain substantially the followinq lanquaqe and the siqn's
copy shall utilize the total area of the sign:
a. PUBLIC HEARING REQUESTING APPROVAL OF A MIXED USE
PROJECT
TO PERMIT: (Name of Project) (Number of acres)
DATE:
TIME:
ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER
COUNTY GOVERNMENT CENTER. HARMON TURNER BUILDING. 3301 E. TAMIAMI
TRAIL, NAPLES, FL 34112.
5. The area of the sign shall be as provided in section 10.03.05 B.3,d. of the
Code,
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6. Criteria for Mixed Use Proiect Approval
The followinq criteria must be met in order to qain approval for mixed use
proiects developed in accordance with provisions of a mixed use overlay,
a, No less than sixty percent of all commercial uses within a mixed
use project shall provide retail. office and personal service uses to
serve the needs of the subject proiect and surroundinq residential
neiqhborhoods,
b. No more than 25 percent of the residential units within a mixed use
proiect shall be on qated roadways, Residential uses shall be
constructed concurrent with, or prior to the construction of
commercial uses so as to insure actual development of a mixed
use project.
c, Mixed use projects shall connect to local streets, adioininq
neiqhborhoods and adiacent developments, reqardless of land
use types, A qrid pattern is usually the basis for the transportation
network. Whatever the pattern of the vehicular network, internal
interconnections between uses and external connections between
adioininq neiqhborhoods and land uses shall be provided for
pedestrian, bicycle and other modes of alternate transportation,
d, The commercial component of a mixed use project may be located
internal to the proiect or along the boundary; if externally located,
internal access roads and service access shall be provided so as
not to promote strip commercial development alonq external
collector and arterial roadways,
e, Parkinq lots shall be dispersed throuqhout the proiect. No one
parkinq lot shall provide more than 40 percent of the required
offstreet parkinq. Parkinq qaraqes shall have no restrictions on
percentaqe of required parkinq that may be accommodated;
however, commercial uses only shall be permitted on the ground
floor. This requirement shall not apply to individual parcels less
than 5 acres in size.
f, At least 30 percent of the qross area of mixed use proiects shall be
devoted to useable open space, as defined in section 4.02,01 B. of
the Code, This requirement shall not apply to individual parcels
less than 5 acres in size.
[Existing Sec. 10.03.05 G. through R. are re-Iettered as H. through S.]
SECTION FOUR: 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 Section not affect the validity of the remaining portion.
SECTION FIVE:
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
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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 re-leUered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word,
SECTION SIX:
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 28th day of February, 2006.
ATTEST:
DWIGHT E, BROCK, CLERK
Attest as to Ch41~n s
sfonatur~ cnl14 .
B~~,k
. " . . D~puty Clerk
..~~. j ....,
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
~?~
-FRANK HALAS, C -
I, .'
,. .
,,)l,
Approved as to form and
legal sufficiency:
~'m.~-~
Marjori Student-Stirling (- , . 0
Assistant County Attorney
Page 95 of 95
Words stnlck through are deleted, words underlined are added
8A
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
.-
copy of:
ORDINANCE 2006-08
Which was adopted by the Board of County Commissioners
on the 28th day of February, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of March, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissio~ers
~~""'~":'1,.:",
. .... \ , ..' ~ . -
" ...... ("" . . ... ~ .... ,
. .'-,'. j, "
By: Teresa Oil'3::-a:pd',.: ,~
'''''1 ':-:'1<. ~
Deputy I;; er , ,:,' i."',:
,~
~<=-
I
v'
,~'" ~~~
v )' '" ',--'
'j;C J . C'-
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
t 8 B
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement
(Display Adv., location, etc.)
Other:
*********************************************************************************************************
Originating DeptJ Div: Comm.Dev.Serv.lPlanningPerson: Kay Deselem@ Date: Idt-/5-05
Petition No. (If none, give brief description): PUDEX-2005-AR-8382, Astron Plaza
Petitioner: (Name & Address): Nunner Group, LLC, Jeffrey Nunner, P.E., 8113 Lowbank Drive, Naples, Fl. 34109
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Cleveland Clinic
Florida, 610 I Pine Ridge Rd., Naples, Fl. 34119
,...--.._",\
Hearing before (BCC) BZA Other
Requested Heari~;"d~te:---L-( z....lfj ~ l,
Newspaper(s) to be used: (Complete only if important):
Based on advertisement appearing 15 days before hearing.
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size): Petition: 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 pun in
accordance with LDC Section 1O.02.13.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,
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:
~~
Approved by:
\~ALl L.-
~
County Manager
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for
same, is submitted to County Attorney before submitting to County Manager, The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
******************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: III 10! I ([5' Date of Public hearing: J I 24 / A I. Date Advertised: (J <?) 0 &
II ~ ~
88
RESOLUTION NO, 06- _
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION IO.02.13.D.
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE,
AFFECTING ORDINANCE 98-110, KNOWN AS THE ASTRON PLAZA
PUD, EXTENDING THE CURRENT PUD APPROVAL FOR A
SECOND TWO YEARS TO NOVEMBER 30, 2007; AND PROVIDING
AN EFFECTIVE DATE,
WHEREAS, the Astron Plaza PUD, Ordinance No, 98-110, adopted on November 24, 1998, and
extended in Resolution No. 04-27, adopted on January 27, 2004, is subject to the provisions of Section
IO.02.13.D. of the Collier County Land Development Code (LDC), Time limits for approved PUDs, together
with their respective Master Plans; and
WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County
Growth Management Plan; and
WHEREAS, the Board of County Commissioners has reviewed the PUD extension request
submitted in petition number PUDEX-2005-AR-8382, and has determined to extend the current PUD zoning for
a second 2 years, until November 30,2007.
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. The above recitals are adopted herein by reference as if fully set forth herein,
2. This Resolution shall constitute evidence of compliance with the review requirements of
Section 1O.02,13.D, of the LDC.
3. Pursuant to Section 10.02.13.D.6. of the LDC, the current PUD approval is hereby
extended for a second and final time to November 30, 2007.
4. This Resolution shall become effective immediately upon its approval.
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.
This Resolution adopted after motion, second and majority vote, this
day of
,2006.
AITEST:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
, Chairman
December 19, 2005
Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: PUDEX-2005-AR-8382, Astron Plaza
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,
Heidi R, Rockhold
Deputy Clerk
Acct.#/P.O.# 113-138312-649110
88
88
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 PUDEX-200S-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 10.02.13.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 loth Street S,W, in Section 17, Township 49 South,
Range 26 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 COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Heidi R. Rockhold, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
COliJiiy- ()fC{)~l.1i er
CLERK OF THE--CIRCUIT COURT
COLLIER COUNTYQoURTPtOUSE
3301 TAMIAMI TRAIL EA~T
, P.O. BOX 41'}044 "
NAPLES, FLORIDA ~j101-3044
.....1 .
tt I
88
'''~'{~}ti:'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
'J.)
December 19, 2005
Nunner Group, LLC
Jeffrey Nunner, P,E.
8113 Lowbank Drive
Naples, Florida 34109
Re: Notice of Public Hearing to Consider Petition
PUDEX-2005-AR-8382, Astron Plaza
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 EGrOCK, CLERK
:t~i~ ROCkhO~6 c1PW1 ~
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.f1.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'Ccili~ty~.~fG<l~lier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY CpURTllPUSE
3301 TAMIAMI niAIL EA'ST
, P.O. BOX4~~044,
NAPLES, FLORIDA ~$.101-3044
~[ i
88
.~ ~.
'.'..;~}:i;~.
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
'., 1
:)~ --;i
December 19,2005
Cleveland Clinic Florida
6101 Pine Ridge Road
Naples, Florida 34119
Re: Notice of Public Hearing to Consider Petition
PUDEX-2005-AR-8382, Astron Plaza
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,
ow GH! E. BR09f' CLERK
elL' () V;O~(J('
idi R. Rockhold,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
88
Heidi R. Rockhold
From:
Sent:
To:
Subject:
Heidi R. Rockhold
Monday, December 19. 2005 1 :35 PM
'Iegals@naplesnews.com'
PUDEX-2005-AR-8382, Astron Plaza
Attachments:
PU D EX-2005-AR-8382 .doc; PU DEX-2005-AR-8382. doc
Legals,
Please advertise the above mentioned notice on Sunday. January 8, 2006.
PUDEX - 2005-AR -83 PUDEX- 2005-AR-83
82.doc (30 KB)... 82.doc (29 KB)...
r[you have any questions, please call...
Heidi R, Rockhold
Clerk to the Board of Coun(v Commissioners
Minutes and Records Department
(Phone) 239-774-8411
(Fax) 239-774-8408
(heidi. rockhold@clerk.collierfl.us)
Heidi Rockhold
Heidi R. Rockhold
88
From:
Sent:
To:
Subject:
ClerkPostmaster
Monday, December 19, 2005 1 :35 PM
Heidi R. Rockhold
Delivery Status Notification (Relay)
Attach ments:
ATT335928.txt; PUDEX-2005-AR-8382, Astron Plaza
I!:l
~
~:;l
LJ
ATT335928.txt PUDEX-2005-AR-83
(2316) 82,AstronPla'''T'I.' , ". II lD I' S "rift'
utiS lS an aUlOmatlca y generate( e lVet}' k latus lvOtllcatlOn.
Your mess'age has been succes,~fidly relayed to thefollovving recipients, but the requested
deliveJ)' status llot(jlcations may not be generated by the destination,
I egals({i)napl es news. com
Heidi Rockhold
PUDEX-2005-AR-8382. Astran Plaza
Heidi R. Rockhold
From: Regel, Dagmar [dpregel@naplesnews.com]
Sent: Monday, December 19, 20054:42 PM
To: Heidi R. Rockhold
Subject: RE: PUDEX-2005-AR-8382, Astron Plaza
received
-----Original Message-----
From: Heidi R, Rockhold [mailto:Heidi,Rockhold@c1erk,collierJl.us]
Sent: Monday, December 19, 2005 1:35 PM
To: legals@naplesnews,com
Subject: PUDEX-2005-AR-8382, Astron Plaza
Legals.
Please advertise the above mentioned notice on Sunday, January 8, 2006.
<<PU DEX -2005-AR-8382. doc>> <<PU DEX-2005-AR-8382. doc>>
If you have an}' questions, please call...
Heidi R. Rockhold
Clerk to the Board ofCounZy Commissioners
l'vfinutes and Records Department
(Phone) 239-774-8411
(Fax) 239-774-8408
(heidi. rockhold@clerk.collier.fl. us)
12/20/2005
Page 1 of 1
,'.. 8 t:,
y
88
,
Affidavit of Publication
State of Florida
County of Collier
NOTICE OF
PUBLIC HEARING
Notice Is hereby given
that the Board of County
Commissioners of Col.
lIer County will hold a
Pdubllc hearing on Tues-
ay. January 24, 2006 In
the Boardroom 3rd
Floor. Administration
Building. Collier County
Government Center
3301 East Tamiaml Trail'
Naples, Florida. The
meetIng will begin at
9:00 A,M.
o
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Sworn to and subscribed before me
This January 9th,2006
~ ~
., ,"J '
' 'k~~Xf 6-e~'--e?lf
(Signature of notary public) !/'
"'...." . B h
.~\P!\',!'Y.~ Harnett us ana
f*(Ji.'\*1 MY COMMISSION # DD234689 EXPIRES
,,~,~'s:: July 24, 2007
"'r.iii..~~~;'" BONDE[) THRIJ TROY FAIN INSURANC~ INC
The Board will cOnsider
Petition PUOEX-2oOs-AR-
8382. Cleveland Clinic
Florida. represented b:t
Jeffrey Nunner, P,E. Of
Nunner Group LLC, Is're.
questing the second 2-
year extension of the
Astron Plaza pun In
accordance with LOC
~ehctlon 10.02.13.0,5(a).
. e subJect property
c, onslstlng of 8.56 acres'
s located on the soutti
side of Pine Ridge Road
and the north side of I'
t1,oth Street S.W. Insec-I
on 17. Township 49
South, Range 26 East I
Collier County. Florida. . i
!'laTE: All Persons WI~h'!
In9 ,to speak on anYI
agenda Item must regis.
ter with the County Ad-
ministrator prior to pre-
sl entation of the agenda
tem tq be addressed
Individual speakers wi';
be IImlted t05 minutes
on any: Item. The selec-
tion of an 'Individual to
speak on behalf of an
organization or group is
en I couraged,lf recog.
n zed by the Chair. II
spokesperson fOr a
group ,or organ Izatlon
may be allotted 10 mln-
~tes to speak on an
.--1~ ~"','~"'_ ~
Persons wishing toha~e-
written or graphic ma-
terials Included In the
Board agenda packets
must submit said ma.,
terlal a minimum of 31
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 oerma-
neot part of the record.
Any person who decld.
es to appeal a decision
of thetloard wi" 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 I
the testimony and evi-
denceupon which the
appeal Is based.
BOARD OF COUNTY
COMMISSIONERS
COLLIfR COUNTY,
FLOlUOA
FRED COYLE. CHAIRMAN
g~r E. BROCK,
By: Heidi R. Rockhold.
Pse~& Clerk
_~'l:L.~Q:J2B5790
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 I
time(s) in the issue January 8th, 2006
Affiant further says that the said Naples Daily Kews is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore bcen 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 K aples, in said Collier County, Florida, for a period of 1
year next preceding the first publication ofthe 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,
;1/ -1
( Signature of affiant)
~,__~".,..~_,.__.A
MEMORANDUM
Date
March 1, 2006
To:
Kay Deselem, Principal Planner
Zoning and Land Development
From:
Heidi R, Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-48:
Astron Plaza PUD
Enclosed please find one (1) copy of the document, as referenced above,
Agenda Item # 8B, which was approved by the Board of County
Commissioners on Tuesday, March 1,2006.
The Minutes and Records Department has retained the original for the
public record.
If you should have any questions, please contact me at 774-8411,
Thank you.
Enclosure
88
'.'
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ,..
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board 01Iice only after the Board has taken action on the item.)
ROUTING SLIP
88
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chainnan's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
l.Sandra Lea CDES Administration #/rJ 3/( / L~
\ ! I ./ / '"
2. \ ! !
3, X
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 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 staff for additional or missing
information, All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Kay Deselem
Contact
Agenda Date Item was February 28, 2006
A roved by the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Resolution
<:j
Number of Original
Documents Attached
213-2931
8B
Yes
(Initial)
N/A (Not
A licable)
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 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 February 28, 2006 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a Iicable,
1
,(liJ}
,
/1/ "J
121/--'
IO/J/-
1)/QJ-/
I: Forms/ County Fonns! BCC Fonns! Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24,05
2.
3.
4.
5.
6.
88
RESOLUTION NO, 06-48
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D.
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE,
AFFECTING ORDINANCE 98-110, KNOWN AS THE ASTRON PLAZA
PUD, EXTENDING THE CURRENT PUD APPROV AL FOR A
SECOND TWO YEARS TO NOVEMBER 30, 2007; AND PROVIDING
AN EFFECTIVE DATE,
WHEREAS, the Astron Plaza PUD, Ordinance No. 98-110, adopted on November 24, 1998, and
extended in Resolution No. 04-27, adopted on January 27, 2004, is subject to the provisions of Section
10.02.13.D. of the Collier County Land Development Code (LDC), Time limits for approved PUDs, together
with their respective Master Plans; and
WHEREAS, the PUD was adopted consistent with and under the provisions ofthe Collier County
Growth Management Plan; and
WHEREAS, the Board of County Commissioners has reviewed the PUD extension request
submitted in petition number PUDEX-2005-AR-8382, and has determined to extend the current PUD zoning for
a second 2 years, until November 30, 2007.
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. The above recitals are adopted herein by reference as if fully set forth herein.
2. This Resolution shall constitute evidence of compliance with the review requirements of
Section 10.02,13.D. ofthe LDC.
3. Pursuant to Section 10,02.13.D,6. of the LDC, the current PUD approval is hereby
extended for a second and final time to November 30,2007.
4. This Resolution shall become effective immediately upon its approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes ofthis Board and
in the records of the Petition for which the extension is granted.
This Resolution
hiriJOj6r~ 6.
,-," "
. '
. , .
.' . ':". <I '1"~:~1 I.'.> -'r"'~"'1
ATTES~~,<,"':1"'.' ..~,.'. ;""
DWIGIi.:f.E:;~O~;~l~1t:
'I A \~". "!' ;' ."" ('.....,..
.'~ { ~t":':i' ~ . ; ~
.. ~ }J, ,(....
adopted after motion, second and majority vote, this
i-A
~ f d;y of
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
~~
, an
Item# ~
Agenda 2 -22 N"
Date ~
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
80
To: Clerk to the Board: Please place the following as a:
X Normal legal Advertisement
(Display Adv., location, etc.)
o Other:
Originating DeptJ Div: CDESI Impact Fee Administration
**********************************************************************************************************
Person: Amy Patterson Date: January 26, 2006
Petition No. (If none, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before: X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing IO days before hearing, February 14.2006
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 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE
SEVEN OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE
BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO, 2001-13, AS AMENDED, PROVIDING FOR
THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY EMERGNCY
MEDICAL SERVICES IMPACT FEE STUDY UPDATE"; AMENDING THE EMERGENCY MEDICAL SERVICES IMPACT FEE
RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; ESTABLISHING AN ANNUAL MID-CYCLE YEAR
INDEXING FOR THE EMERGENCY MEDICAL SERVICES IMPACT FEE RATES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A
DELA YED EFFECTIVE DATE OF APRIL 3, 2006,
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 advertising costs: 131- I3 8902-649100
I/d-b/O~
,
Date
List Attachments: 1. Ordinance Amendment
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, ~~.!7l A ( ~ \ ,,/ I .d .., I"") \ .< I
Date Received: ~ Date of Public hearing: ~ Date Advertised: ~
8D
ORDINANCE NO. 2006-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE SEVEN OF
APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, PROVIDING FOR THE INCORPORATION, BY
REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER
COUNTY EMERGENCY MEDICAL SERVICES IMPACT FEE STUDY
UPDATE"; AMENDING THE EMERGENCY MEDICAL SERVICES
IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE
UPDATE STUDY; ESTABLISHING AN ANNUAL MID-CYCLE
INDEXING FOR THE EMERGENCY MEDICAL SERVICES IMPACT
FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR ADELA YED EFFECTIVE
DATE OF APRIL 3, 2006.
WHEREAS, on June 27, 2000, the Board of County Commissioners
adopted Ordinance No. 2000-48, amending the Collier County Emergency
Medical Services Impact Fee Ordinance, thereby establishing the County's then
applicable Emergency Medical Services Impact Fee rates, and, as such, those
rates have been in effect for more than three (3) years; and
WHEREAS, on March 13, 2001, the Board of County Commissioners
adopted Ordinance No. 2001-13, the Collier County Consolidated hnpact Fee
Ordinance, repealing and superceding all of the County's then existing impact fee
regulations, and consolidating all of the County's impact fee regulations into that
one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and
Ordinances (the "Code"), and incorporating the aforementioned Emergency
Medical Services Impact Fee rates that had been established by the adoption of
Ordinance No. 2000-48; and
WHEREAS, as Section 74-502 of the Code states that impact fee studies
should be reviewed at least every three years, the County retained Tindale-Oliver
and Associates, Inc. (the "Consultant") to review the existing Emergency Medical
Services Impact Fees and recommend changes to the fees where appropriate; and
WHEREAS, the Consultant has prepared an impact fee study, entitled
"Collier County Emergency Medical Services Impact Fee Study Update," dated
January 6,2006 (hereinafter the "Study"); and
WHEREAS, Collier County uses impact fees to supplement the funding
of necessary capital improvements required to provide public facilities to serve
new population and related development that is necessitated by growth in Collier
County; and
WHEREAS, the Study recommends changes to the Emergency Medical
Services Impact Fee rate schedule, as set forth in Schedule Seven of Appendix
"A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and
WHEREAS, the Study also recommends establishing the proposed
impact fee rates in order to more equitably distribute the costs of acquiring public
Underlined text is added; SlFuak thrallgH text is deleted
.
80
facilities based upon a rational nexus relating costs incurred by fee payers to
infrastructure impacts created by commercial and residential land uses; and
WHEREAS, the Consultant has developed fee calculation and indexing
methodologies that will be imposed in an equitable and non-discriminatory
manner; and
WHEREAS, staff has thoroughly reviewed the calculations and findings,
concurs with the recommended changes to the Emergency Medical Services
Impact Fee rate schedule, and recommends that the Board of County
Commissioners adopt this Ordinance to implement the recommended changes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article I, General, Section 74-106, Adoption of impact fee
studies, of the Collier County Code of Laws and Ordinances is hereby amended to
read as follows:
Section 74-106.
Adoption of impact fee studies.
***
(5) Emergency medical services: EmergeHey Mediea:1 Services
DWleleflHl:eBt IIBflaet Fee UpGatea Stady, Collier COlillty, Florida,"
flFepared by GrewtR MaRagemeRt l.Ha:1YSts, IHe. (Jooe 27, 2000)
"Collier County Emergency Medical Services Impact Fee Study
Update:' prepared by Tindale-Oliver and Associates, Inc. (January
6, 2006);
***
SECTION TWO. Article IT, Impact Fees, Section 74-201, Imposition of impact
fees, of the Collier County Code of Laws and Ordinances is hereby amended to
read as follows:
***
(b) Impact fee rates. The board hereby adopts the impact fee rates
incorporated by reference in sections 74-302 through ~ 74-
311, inclusive, and as set forth in schedules 1 through & 10,
inclusive, appended hereto as appendix A, which shall be imposed
upon all development occurring within the county. These rates
may be changed form time-to-time by resolutions of the board,
provided the board holds a public hearing with regard to the
schedule amendments.
***
SECTION THREE,
Article ill, Special Requirements for Specific Types of
Impact Fees, Section 74-306, Same - Emergency medical services impact fee, of
Underlined text is added; Stmek dH:eugh text is deleted
Page 2 of6
80
the Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74-306.
Same - Emergency medical services impact fee.
***
(f) Impact fee rates. The emergency medical services impact fee rate
schedule incorporated in schedule ~1 is hereby adopted and the
emergency medical services impact fees established in the emergency
medical services impact fee rate schedule are hereby imposed on all
development as required in this chapter at a rate established under the
applicable impact fee land use categories.
(f?) Annual Mid-Cvcle Emerf?encv Medical Services Impact Fee Rate
Indexinf? Beginning on February 14. 2006, the County shall
commence a three-year Emergency Medical Services Impact Fee update
cycle pursuant to Subsections 74-201(b) and 74-502(a) of the Code. In
each of the two (2) mid-cycle years (between the formal three-year
updates) beginning on or about April 1. 2007. the County shall
implement adiustments to the emergency medical services impact fee
rates through adiustments to land. building. and equipment costs based
on iust property values published by the Collier County Property
Appraiser's Office, building cost index published by the Encineering-
News Record. and the Consumer Price Index published by the U.S.
Department of Labor. Bureau of Labor Statistics. as specified in the
impact fee update study. Mid-cycle indexed rate change adjustments
shall be adopted by a Resolution of the Board pursuant to Subsection
74-201.b. of this Chapter.
SECTION FOUR, 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 FlVE. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of 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 re-lettered and internal cross-references amended throughout to
accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION SIX. EFFECTIVE DA TE.
This Ordinance shall be effective April 3, 2006, subject to filing with the
Underlined text is added; Sl:RJ.ek thfaagk text is deleted
Page 3 of6
Florida Department of State.
80
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida this _ day of
,2006,
A TIEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
Frank Halas, Chairman
. ciency:
Underlined text is added; StFH.el( thrEl~ text is deleted
Page 4 of6
APPENDIX A
80
SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES IMPACT
FEE RATE SCHEDULE
Impact Fee Land Use Category
Residential:
SiI!gJe Fal1'lil)
Less than 1,500 square feet
1,500 to 2,499 square feet
2,500 square feet or more
lIf.Nlfi ."smil}'
Ltlss ~aB 1,500 SEjllaftl tellt
1,500 te 2,499 S~lIlI1tl fetlt
2,500 6qUafe ftlllt er meftl
MBbiJe Heme
Ltlss ~lffi 1,500 SEjllll111 fllllt
1,50Q te 2,499 sEjllllrll feet
2,500 sqllafe filet ef meftl
NeB ResideRBah
Transient, Assisted, Group:
HoteV Motel
Nursing home
Recreational:
Marina
Golf Course
Movie Theater with Matinee
Institutions:
Hospital
Elementary School
Middle School
High School
Junior/Community College
Uni versity/College
Church
Day Care Center
Office and Financial:
Office 50,000 sq. ft. or less
Office 50,001 - 100,000 sq. ft.
Office 100,001- 200,000 sq. ft.
Office 200,001 - 400,000 sq. ft.
Office greater than 400,000 sq. ft.
Medical Office
Retail (<:kess Laasaeltl .'\fl!a) Gross Square Feet
Specialty Retail
Retail 50,000 sq. ft. or less
RetaiI50,001-100,000 sq. ft.
Retail 100,001 - 150,000 sq. ft.
Retail 150,001 - 200,000 sq. ft.
Retail 200,001 - 400,000 sq. ft.
Retail 400,001 - 600,000 sq, ft,
Retail 600,001 - 1,000,000 sq. ft.
Retail over 1,000,000 sq. ft.
Pharmacy/Drug Store w/Drive-Thru
Home Improvement Superstore
Quality Restaurant
High-Turnover Restaurant
Fast Food Rest. w/Drive-thru
Gas/Service Station
Quick Lube
Supermarket
Convenience Store
Convenience Store w/Gas
COByemeBStl StorlllGaslFast Foml
Auto Repair
Impact Fee Rate
~ $98.12 per dwelling unit
~ $109.28 per dwelling unit
~ $119.66 per dwelling unit
$93.00 Jltlf E1wtllIiRg IImt
$1 04.00 Jltlf E1wtllliRg lHlit
$130.00 ptlf E1wtllJiRg lH1it
$93.00 Jltlf E1wtllIiRg lHlit
$101.00 Jltlr ii':.'I!\liRg lInit
$130.00 ptlf dwelliRg lH1it
~ $45.47 per room
m.oo $76.58 per bed
$.l+.OO $15.95 per berth
$8,120.00 $4,614.69 per 18 holes
$+4.,hOO $686.02 per screen
~ $131.62 per 1,000 square feet
$.l4OO ,$:hl2 per student
m.oo $5.58 per student
~ $6.38 per student
$.l+.OO ,$:hl2 per student
$U,OO $10.37 per student
~ $45.47 per 1,000 square feet
~ ,$:hl2 per student
$&J,OO $133.22 per 1,000 square feet
$+hOO $102.90 per 1,000 square feet
$e(hOO $87.75 per 1,000 square feet
moo $74.98 per 1,000 square feet
$4+.00 $63.82 per 1,000 square feet
~$138.00per 1,000 square feet
W+.oo $119.66 per 1,000 square feet
~ $228.94 per 1,000 square feet
W+.oo $209.80 per 1,000 square feet
~ $186.66 per 1,000 square feet
~ $227 .34 per 1,000 square feet
~ per 1,000 square feet
$+19;00$203.41 per 1,000 square feet
W+,OO $203.41 per 1,000 square feet
~ $166.72 per 1,000 square feet
~ $149.97 per 1,000 square feet
~ $141.99 per 1,000 square feet
~ $540.04 per 1,000 square feet
~ $565.57 per 1,000 square feet
$+J+.OO $697.99 per 1,000 square feet
~ $157.94 per fuel position
~ $92.53 per service bay
~ $161.93 per 1,000 square feet
~ $338.22 per 1,000 square feet
~ $347.00 per fuel ~ position
$171.00 JlBf 1,000 SEjllll1tl foet
~ $254.47 per 1,000 square feet
Underlined text is added; Slru<lk thraugk text is deleted
Page 5 of6
80
APPENDIX A
SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES IMPACT
FEE RATE SCHEDULE -continued
Impact Fee Land Use Category
Impact Fee Rate
Tire Store
~$124.44per I,OOQsljHarefe6t
service bav
$+4l;OO $138.00 per 1,000 square feet
~ $150.77 per service bay
WhOO $205.Q1 per 1,000 square feet
~ $165.12 per 1,000 square feet
New and Used Car Sales
Self Service Car Wash
Bank/Savings Walk-in
Bank/Savings Drive-in
Industrial:
General Industrial
Business Park
Mini-warehouse
$4-hOO $55.04 per 1,000 square feet
$98.,00 $79.77 per 1,000 square feet
~ $5.58 per 1,000 square feet
Underlined text is added; Slr~ek IIlFellgB text is deleted
Page 6 of 6
80
January 27, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Emergency Medical Services Impact Fee Study Update
Dear Legals:
Please advertise the above referenced notice on Friday, February 3, 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 # 131-138902-649100
80
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, February 14, 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 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE SEVEN OF APPENDIX A OF
CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT
ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO.
2001-13, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE
IMPACT FEE STUDY ENTITLED "COLLIER COUNTY EMERGENCY MEDICAL SERVICES
IMPACT FEE STUDY UPDATE"; AMENDING THE EMERGENCY MEDICAL SERVICES IMPACT
FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY;
ESTABLISHING AN ANNUAL MID-CYCLE INDEXING FOR THE EMERGENCY MEDICAL
SERVICES IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR A DELAYED EFFECTIVE DATE OF APRIL 3, 2006.
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
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Heidi R, Rockhold, Deputy Clerk
( SEAL)
8D 4
Heidi R. Rockhold
From:
Sent:
To:
Subject:
Heidi R. Rockhold
Friday, January 27,200610:13 AM
'Iegals@naplesnews.com'
Collier County Emergency Medical Services Impact Fee Study
Attachments:
Impact Fee Medical Services.doc; Impact Fee Medical Services.doc
Legals,
Please advertise the above mentioned notice on Friday, Februat)' 3, 2006.
Impact Fee Medical Impact Fee Medical
Services.do... Services.do...
If you have questions, please call,
Thank vou,
.'
Heidi R, Rockhold
Clerk to the Board of County Commissioners
.Minutes and Records Department
(Phone) 239-774-841/
(Fax) 239-774-8408
(heidi. rockhold@clerk.collier.fl..us)
Heidi Rockhold
Heidi R. Rockhold
80
From:
Sent:
To:
Subject:
ClerkPostmaster
Friday, January 27,200610:13 AM
Heidi R. Rockhold
Delivery Status Notification (Relay)
Attachments:
ATT2826278.txt; Collier County Emergency Medical Services Impact Fee Study
1!;1
~
~71
U
A TT2826278, txt
(231 B)
Collier County
Emergency Medic... ''1'1. . . .', II I D I' 5' '\)' "/' .
1. filS IS an aUlOmatlca. .y generate( elvet:y < latus j ot~!lcatlOn.
Your mes5wge has been succes.~/lt!ly relayed to thejbllrnving recipient,,,,, but the requested
delivery status not(flcations may not be generated by the destination.
I egals (ij).nap I es neyvs. com
Heidi Rockhold
Collier County Emergency Medical Services Impact Fee Study
Heidi R. Rockhold
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Friday, January 27,200610:23 AM
To: Heidi R. Rockhold
Subject: RE: Collier County Emergency Medical Services Impact Fee Study
OK
-----Original Message-----
From: Heidi R, Rockhold [mailto:Heidi,Rockhold@cierk,collierJl.us]
Sent: Friday, January 27, 2006 10:13 AM
To: legals@naplesnews,com
Subject: Collier County Emergency Medical Services Impact Fee Study
Legals,
Please advertise the above mentioned notice on Friday, February 3, 2006.
<<Impact Fee Medical Services. doc>> <<Impact Fee Medical Services.doc>>
Jfyou have questions, please call.
Thank you.
Heidi R. Rockhold
Clerk to the Board ofCoun(v Commissioners
Minutes and Records Department
(Phone) 239-774-8411
(Fax) 239-774-8408
(heidi. rockhold@clerk.collierfl.us)
1/2712006
Page 1 of 1
80
80
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 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
time(s) in the issue February 3rd, 2006
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; 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 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 purpose of securing this advertisement for
publication in the said newspaper,
/J, -1
( Sigllature of affiant)
Sworn to and subscribed before me
This February 3rd, 2006
~' fI () (,
, ,,' - . l- '-'-</ ,/ !b A~.~/~
(Signature of notary public) fJ
"~~~";~'" Harriett Bushon'j
~:"jj;,'~~~ i.JiY COMMISSiON # DD2346G7 EXPIRE~
:~'7~'~} July 24, 2007 . ,
'~::.-. ':-;:-0<t~~~ "/)NDFD :HRUTp.nv FAiN INSUQ.';NCE, i~L
:'" n, "'\_"'~
NOTICE OF
PUBLIC HEARl
Notice Is hereby
that the Board of Co
Commissioners of Co .
Iler County wlll hold a
public hearing on Tues.
~ay, February 14, 2006,
In the Boardroom, 3ra
Floor, Administration
Building, Collier County
Government Center.
3301 East Tamlaml Trail,
Naples, Florida. The
meeting will begin at
9:00 A.M.
THE BOARD WILL CON-
SIDER AN' ORDINANCE
OF THE BOARD OF
COUNTY COMMISSION-
ERS OF COLLIER COUN-
TY, FLORIDA, AMENDiNG
SCHEDULE SEVEN OF AP-
PENDIX A OF CHAPTER
74 OF THE COLLiERI
COUNTY CODE OF LAWS
AND ORDINANCES, THAT I
ORDINANCE BEiNG THE'
COLLIER COUNTY CON-
SOLIDATED IMPACT FEE
ORDINANCE, NO. 2001.
13, AS AMENDED, PRO-
VIDING FOR THE INCOR-
PORATION, BY REFER.
ENCE, OF THE IMPACT
FEE STUDY ENTITLED
.COLLlER COUNTY
EMERGENCY MEDICAL
SERVICES IMPACT FEE
STUDY UPDATE"'
AMENDING THE EMER:
GENCY MEDICAL SERV-
ICES iMPACT FEE RATE
SCHEDULE, AS SET
FORTH IN THE IMPACT
FEE UPDATE STUPY; ES-
TABLISHING AN ANNUAL
MID-CYCLE iNDEXiNG
FOR THE EMERGENCY
MEDICAL SERVICES 1M.
PACT FEE RATES; PRO-
VIDING FOR CONFLICT
AND SEVERABILITY'
,PROVIDING FOR INCW:
SION IN THE CODE OF
LAWS AND ORDI-
NANCES: AND PROVID-
ING FOR A DELAYED EF-
FECTIVE DATE OF APRIL
3, 2006.
~OTE: All Persons wish-
Ing to speak on any
agenda Item must regis-
ter .wlth the County Ad.
mlnlstrator frior to pre-
sentation 0 the agenda
Itef)1 to be addressed.
indlyid,ual 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. ff recog-
nized by the Chair, a
spOkesperson for a
group or prganizatlon
may be alllJ1Ited 10 mln-
~~~~ to speak on an
~-----
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 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-
es to appeal a decision
of the Board will need a
record of the proceed-
Ings pertaining thereto
anCl therefore, may need
to ensure that a verba-
tim record of the pro-
ceedings is made, which
record Includes the tes.
tlmony and evidence
upon which the appeal
I Is based.
I BOARD OF COUNTY
COMMISISONERS
.COLLIER COUNTY,
FLORIDA
FRANK HALAS, CHAIR-
MAN
DWIGHT E. BROCK,
CLERK
By: Heidi R, Rockhold,
Deputy Clerk 'I'
(SEAL)
Feb. 3 J'lo:.~~..1~__
80
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's silmature, draw a line throulU routinl!; lines #1 throullh #4, conmlete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. SanJr~ lttL COES- MMi(\\'s-tr~~'on .1 1 ,/yjJj; /
/tlA~ ,......
2, ( I
3.
4.
5, Sue Filson, Executive Manager Board of County Commissioners
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
sununary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro nate.
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from f\L)
contracts, agreements, etc, that have been fully executed by all parties except the BCC n r
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 licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ture and initials are re uired.
5, In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ;J
Some documents are time sensitive and require forwarding,to Tallahassee within a certain jl~',_
time frame or the BCC's actions are nullified. Be a eo ur deadlines!
6, The document was approved by the BCC on ..7 (enter date) and all changes
made during the meeting have been incorporated in he attached document. The
Coun Attorne's Office has reviewed the chan es, if a Iicable.
Phone Number
Agenda Item Number
Number of Original
Documents Attached
~s)
NPr
I: Fonns/ County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24.05
.. ._.... ---...-......-,......-1......,
80
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
eomplete 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 silmature, draw a line throul!:h rouiinl!: lines #1 throul!:h #4, complete the checklist, and forward to Sue Filson (]jne #5),
Route to Addressee(s) Office Initials Date
(List in routinl!: order)
1. SanJro.. ltGt. C Ocs- Nmit1I's{YGt lion /~ .2;; f;; 1/
.-
2. I /
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 fOT additional or missing
information. All original documents needing the Bee Chainnan'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
Pa tt .erson
Q~ dCO (p
rY\{A'11-
Phone Number
Agenda Item Number
Number of Original
Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark ''N/A'' in the Not Applicable column, whichever is
a ro riate,
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by 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
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 ture 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 ur deadlines!
The document was approved by the BCC on!;!!v, /1 ~ (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorne 's Office has reviewed the chan es, if a Iicable.
2,
3.
4,
5.
6,
€s)
AfJ
NPt
,\VJ~
J
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26.05, Revised 2.24.05
80
~
ORDINANCE NO. 2006- 09
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE SEVEN OF
APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF
LA WS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, PROVIDING FOR THE INCORPORA TION, BY
REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER
COUNTY EMERGENCY MEDICAL SERVICES IMPACT FEE STUDY
UPDA TE"; AMENDING THE EMERGENCY MEDICAL SERVICES
IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE
UPDATE STUDY; ESTABLISHING AN ANNUAL MID-CYCLE
INDEXING FOR THE EMERGENCY MEDICAL SERVICES IMPACT
FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND
ORDINANCES; AND PROVIDING FOR ADELA YED EFFECTIVE
DATE OF APRIL 3, 2006.
WHEREAS, on June 27, 2000, the Board of County Commissioners
adopted Ordinance No. 2000-48, amending the Collier County Emergency
Medical Services Impact Fee Ordinance, thereby establishing the County's then
applicable Emergency Medical Services Impact Fee rates, and, as such, those
rates have been in effect for more than three (3) years; and
WHEREAS, on March 13, 2001, the Board of County Commissioners
adopted Ordinance No, 2001-13, the Collier County Consolidated Impact Fee
Ordinance, repealing and superceding all of the County's then existing impact fee
regulations, and consolidating all of the County's impact fee regulations into that
one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and
Ordinances (the "Code"), and incorporating the aforementioned Emergency
Medical Services Impact Fee rates that had been established by the adoption of
Ordinance No. 2000-48; and
WHEREAS, as Section 74-502 of the Code states that impact fee studies
should be reviewed at least every three years, the County retained Tindale-Oliver
and Associates, Inc. (the "Consultant") to review the existing Emergency Medical
Services Impact Fees and recommend changes to the fees where appropriate; and
WHEREAS, the Consultant has prepared an impact fee study, entitled
"Collier County Emergency Medical Services Impact Fee Study Update," dated
January 6,2006 (hereinafter the "Study"); and
WHEREAS, Collier County uses impact fees to supplement the funding
of necessary capital improvements required to provide public facilities to serve
new population and related development that is necessitated by growth in Collier
County; and
WHEREAS, the Study recommends changes to the Emergency Medical
Services Impact Fee rate schedule, as set forth in Schedule Seven of Appendix
"A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and
WHEREAS, the Study also recommends establishing the proposed
impact fee rates in order to more equitably distribute the costs of acquiring public
Underlined text is added; Strnek tbFellgli text is deleted
80
facilities based upon a rational nexus relating costs incurred by fee payers to
infrastructure impacts created by commercial and residential land uses; and
WHEREAS, the Consultant has developed fee calculation and indexing
methodologies that will be imposed in an equitable and non-discriminatory
manner; and
WHEREAS, staff has thoroughly reviewed the calculations and findings,
concurs with the recommended changes to the Emergency Medical Services
Impact Fee rate schedule, and recommends that the Board of County
Commissioners adopt this Ordinance to implement the recommended changes,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article I, General, Section 74-106, Adoption of impact fee
studies, of the Collier County Code of Laws and Ordinances is hereby amended to
read as follows:
Section 74-106.
Adoption of impact fee studies.
***
(5) Emergency medical services: Emergency Medical Services
DC'lelopment Impact Fee Updated Study, Collier County, Florida,"
prepared by Growth Management .\nalysts, Inc. (June 27, 2000)
"Collier County Emergency Medical Services Impact Fee Study
Update," prepared by Tindale-Oliver and Associates, Inc. (January
6, 2006);
***
SECTION TWO. Article II, Impact Fees, Section 74-201, Imposition of impact
fees, of the Collier County Code of Laws and Ordinances is hereby amended to
read as follows:
***
(b) Impact fee rates. The board hereby adopts the impact fee rates
incorporated by reference in sections 74-302 through 71 309 74-
311, inclusive, and as set forth in schedules 1 through .g. 10,
inclusive, appended hereto as appendix A, which shall be imposed
upon all development occuning within the county, These rates
may be changed form time-to-time by resolutions of the board,
provided the board holds a public hearing with regard to the
schedule amendments,
***
SECTION THREE.
Article III, Special Requirements for Specific Types of
Impact Fees, Section 74-306, Same - Emergency medical services impact fee, of
Underlined text is added; 8tnICk Hlroligk text is deleted
Page 2 of 6
8D
the Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74-306.
Same - Emergency medical services impact fee.
***
(f) Impact fee rates. The emergency medical services impact fee rate
schedule incorporated in schedule ~ 1 is hereby adopted and the
emergency medical services impact fees established in the emergency
medical services impact fee rate schedule are hereby imposed on all
development as required in this chapter at a rate established under the
applicable impact fee land use categories.
(g) Annual Mid-Cvcle Emerflencv Medical Services Impact Fee Rate
Indexing. Beginning on February 28. 2006 the County shall
commence a three-year Emergency Medial Services Impact Fee update
cycle pursuant to Subsections 74-201(b) and 74-502(a) of the Code. In
each of the two (2) mid-cycle years (between the formal three-year
updates) beginning on or about April 1. 2007. the County shall
implement adjustments to the emergency medical services impact fee
rates through adjustments to land. building, and equipment costs based
on just property values published by the Collier County Property
Appraiser's Office, building cost index published by the Engineering-
News Record, and the Consumer Price Index published by the U.S,
Department of Labor, Bureau of Labor Statistics as specified in the
impact fee update study. Mid-cycle indexed rate change adiustments
shall be adopted by a Resolution of the Board pursuant to Subsection
74-201.b. ofthis Chapter.
SECTION FOUR. 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 FIVE. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of 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 re-Iettered and internal cross-references amended throughout to
accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word,
SECTION SIX. EFFECTIVE DATE.
This Ordinance shall be effective April 3, 2006, subject to filing with the
Underlined text is added; Slrlle]( tllrellgh text is deleted
Page 3 of6
8D
Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida this a~~ day of F-ebnAQ.r~j-, 2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~
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By:
Frank Halas, Chairman
clency:
Underlined text is added; Struek WEHigh text is deleted
Page 4 of6
80
APPENDIX A
SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES IMPACT
FEE RATE SCHEDULE
Impact Fee Land Use Category
Residential:
Single Family
Less than 1,500 square feet
1,500 to 2,499 square feet
2,500 square feet or more
MblJti Family
Less than 1,500 s~re feet
1,500 ta 2,~99 sqHafe feet
2,500 sqHare feet Elr more
Mehile Heme
Less than 1,500 sqHafe feet
1,500 tEl 2,~99 sqHare feet
2,500 sq1:lare feet or more
Nan ResideRtiall
Transient, Assisted, Group:
Hotel! Motel
Nursing home
Recreational:
Marina
Golf Course
Movie Theater with Matinee
Institutions:
Hospital
Elementary School
Middle School
High School
Junior/Community College
University/College
Church
Day Care Center
Office and Financial:
Office 50,000 sq. ft. or less
Office 50,001 - 100,000 sq. ft.
Office 100,001 - 200,000 sq. ft.
Office 200,001 - 400,000 sq. ft.
Office greater than 400,000 sq. ft.
Medical Office
Retail (Gross Leasable .\rea) Gross Square feet
Specialty Retail
Retail 50,000 sq. ft. or less
Retail 50,001 - 100,000 sq. ft.
Retail 100,001- 150,000 sq. ft.
Retail 150,001- 200,000 sq. ft.
Retail 200,001 - 400,000 sq. ft.
Retail 400,001 - 600,000 sq. ft.
Retail 600,001 - 1,000,000 sq. ft.
Retail over 1,000,000 sq. ft.
Pharmacy/Drug Store w/Drive- Thru
Home Improvement Superstore
Quality Restaurant
High-Turnover Restaurant
Fast Food Rest. w/Drive-thru
Gas/Service Station
Quick Lube
Supermarket
Convenience Store
Convenience Store w/Gas
CenveRieaee Store/Gas/Fast Foed
Auto Repair
Impact Fee Rate
$W.OO $100.59 per dwelling unit
$10~.00 $112.04 per dwelling unit
$130.00 $122.67 per dwelling unit
$93,00 per dwelliag 1:lnit
$1 O~ .00 per dVielliag 1:lnit
$130.00 per dwelliag 1:lnit
$93.00 per fhvelling 1:lnit
$1 O~ .00 per dwelliag 1:lllit
$130.00 per dwelling 1:lllit
m:oo $46.61 per room
$++.00 $78.51 per bed
$+hOO $16.36 per berth
$&,120.00 $4,730.97 per 18 holes
$7~1.00 $703.31 per screen
$126.00 $134.94 per 1,000 square feet
$-l-6.OO $4.91 per student
$U,.OO $5.72 per student
~ $6.54 per student
$+hOO $4.91 per student
$2,.hOO $10.63 per student
$M-,QO $46.61 per 1,000 square feet
$-l-9.OO $4.91 per student
$&J.,.OO $136.57 per 1,000 square feet
$+hOO $105.50 per 1,000 square feet
$e().OO $89.96 per 1,000 square feet
w.,oo $76.87 per 1,000 square feet
$4+.00 $65.42 per 1,000 square feet
$10~.00 $141.48 per 1,000 square feet
$197.00 $122.67 per 1,000 square feet
$210.00 $234,71 per 1,000 square feet
$197.00 $215.08 per 1,000 square feet
$213.00 $191.37 per 1,000 square feet
$200.00 $233.07 per 1,000 square feet
$173.00 $204.45 per 1,000 square feet
$179.00 $208.54 per 1,000 square feet
$177.00 $208.54 per 1,000 square feet
$ 15l'i.00 $170.92 per 1,000 square feet
$15~.00 $153.75 per 1,000 square feet
$1&5,00 $145.57 per 1,000 square feet
$52&.00 $553.65 per 1,000 square feet
$572.00 $579.82 per 1,000 square feet
$731.00 $715.58 per 1,000 square feet
$162.00 $161.92 per fuel position
~ $94.86 per service bay
$209.00 $166.01 per 1,000 square feet
$319.00 $346.75 per 1,000 square feet
$335.00 $355.74 per fuel J*HBP position
$~71.00 per 1,000 sqHafe feet
$260.00 $260.88 per 1,000 square feet
Underlined text is added; StrHsk tRrsHgA text is deleted
Page 5 of6
APPENDIX A
SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES IMPACT
FEE RATE SCHEDULE -continued
Impact Fee Land Use Category
Impact Fee Rate
Tire Store
$359.QQ $127.58 per 1,009 sqtlare feet
service bay
$111.00 $141.48 per 1,000 square feet
$129.00 $154.56 per service bay
$121.00 $210,17 per 1,000 square feet
$109.00 $169.28 per 1,000 square feet
New and Used Car Sales
Self Service Car Wash
Bank/Savings Walk-in
Bank/Savings Drive-in
Industrial:
General Industrial
Business Park
Mini-warehouse
.$4-l-,OO $56.43 per 1,000 square feet
$9&.,00 $81.78 per 1,000 square feet
~ $5.72 per 1,000 square feet
Underlined text is added; S1;rllek tAr-ellgk text is deleted
Page 6 of6
8D
an
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 2006-09
Which was adopted by the Board of County Commissioners
on the 28th day of February, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of March, 2006,
DWIGHT E, BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
" ~~
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8E
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
To: Clerk to the Board: Please place the following as a:
X Nonnallegal Advertisement
(Display Adv" location, etc.)
o Other:
..........................*...........*............*.*..*..........*........*.............................
Originating DeptJ Div: CDES! Impact Fee Administration
Person: Amy Patterson Date: February 10,2006
Petition No. (If none, give brief description):
Petitioner: (Name & Address):
Name & Address of any person(s).to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before: X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. February 28.2006
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 OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE
FIVE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE
BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO, 2001-13, AS AMENDED, PROVIDING FOR
THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY 2005 FIRElRESCUE
SERVICES IMPACT FEE UPDATE STUDY"; PROVIDING FOR THE ADOPTION OF THE OCHOPEE FIRE CONTROL AND
RESCUE DISTRICT MASTER PLAN AND THE ISLES OF CAPRI FIRE CONTROL AND RESCUE DISTRICT MASTER PLAN;
AMENDING THE FIRE IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY;
ESTABLISIllNG AN ANNUAL MID-evCLE INDEXING FOR THE FIRElRESCUE SERVICES IMPACT FEE RATES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR ADELA YED EFFECTIVE DATE OF APRIL MAY IS, 2006,
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 advertising costs: 131-138902-649100
~-IO~O(P
Date
List Attachments: 1. Ordinance Amendment
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 US'lNff'J'1 ~r . I I ( ') I. " L r~
Date Received:~ Date of Public hearing~ a<2;, Q Q Date Advertised: ~\(J
I-
I
8E
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ORDINANCE NO. 2006.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FIVE OF
APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001.13, AS
AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE,
OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY 2005
FIRFJRESCUE SERVICES IMPACT FEE UPDATE STUDY"j PROVIDING
FOR THE ADOPTION OF THE OCROPEE FIRE CONTROL AND RESCUE
DISTRICT MASTER PLAN AND THE ISLES OF CAPRI FIRE CONTROL
AND RESCUE DISTRICT MASTER PLAN; AMENDING THE FIRE
IMPACT FEE RATE SCHEDULE, AS SET FORm IN THE IMPACT FEE
UPDATE STUDY; ESTABLISHING AN ANNUAL MID-CYCLE INDEXING
FOR THE FlRFJRESCUE SERVICES IMPACT FEE RATES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A
DELAYED EFFECTIVE DATE OF MAY 15, 2006.
WHEREAS, the Isles of Capri Fire Control and Rescue District and the Ochopee Fire
Control and Rescue District are dependent fire districts of Collier County; and
WHEREAS, on April 21, 1998, the Board of County Commissioners adopted Ordinance
No. 98-30, establishing the Isles of Capri and Ochopee Fire Impact Fee Ordinance, thereby
establishing the County's then applicable Fire Impact Fee rates, and, as such, those rates have been
in effect for more than three years; and
WHEREAS, on March 13, 20(H, the Board of County Commissioners adopted Ordinance
No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding
all of the County's then existing impact fee regulations, and consolidating all of the County's
impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code
of Laws and Ordinances (the "Code"), and incorporating the aforementioned Fire Impact Fee rates
established by the adoption of Ordinance No, 98-30; and
WHEREAS, as Section 74-502 of the Code states that impact fee studies should be
reviewed at least every three years, the County retained Tindale-Oliver and Associates, Inc. (the
"Consultant"), to review the existing Fire Impact Fees and recommend changes to the fees where
appropriate; and
WHEREAS, the Consultant has prepared an impact fee study. entitled "Collier County
2005 Fire/Rescue Services Impact Fee Update Study," dated January 23, 2006 (hereinafter the
"Study''); and
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Study recommends changes to the Fire Impact Fee rate schedule, as set
forth in Schedule Five of Appendix "A" of Chapter 74 of the Collier County Code of Laws and
Ordinances; and
WHEREAS. the Study also recommends establishing the proposed impact fee rates in
order to more equitably distribute the costs of acquiring public facilities based upon a rational
nexus relating costs incurred by fee payers to infrasttucture impacts created by commercial and
residential land uses; and
.L!IIllIIIIiIII te:xl II added; _ok .......,. _ U dcIoled
8E
WHEREAS, the use of uniform. procedures will best ensure that Fire impact fees are
"earmarked" and expended for the public facilities for which they were imposed and collected; and
WHEREAS, the Board annually develops a capital budget and updates the Annual Update
and Inventory Report (AUIR) to ensure new development is adequately provided with public
facilities necessary to serve new development at the growth rates projected in the Fee Report and
in the other Impact Fee Studies adopted and set forth at ~74-106, of the Consolidated Ordinance,
as amended by this Ordinance; and
WHEREAS, the Board has developed an Isles of Capri Fire Control and Rescue District
Master Plan and an Ochopee Fire Control and Rescue District Master Plan, which include the
public facilities and/or equipment to be: provided on a pro rata basis to new development paying
the Fire impact fee; and
WHEREAS, planned improvements in the Isles of Capri Fire Control and Rescue District
Master Plan and the Ochopee Fire Control and Rescue District Master Plan and the AUlR are fully
or partially necessitated by new development; and
WHEREAS, the Consultants have developed fee calculation and indexing methodologies
that will be imposed in an equitable and non-discriminatory manner; and
WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the
recommended changes to the Fire Impact Fee rate schedule, and recommends that the Board of
County Commissioners adopt this Ordinance to implement the recommended changes.
NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that:
SECTION ONE. The Ochopee Fire Control and Rescue District Master Plan, which is attached
hereto as Exhibit "A," and the Isles of Capri Fire Control and Rescue District Master Plan, which
is attached hereto as Exhibit "B," are hereby incorporated by this reference and adopted. Fire
Impact Fee funds may be spent only for the benefit of new development in accordance with the
Ochopee Fire Control and Rescue District Master Plan or the Isles of Capri Fire Control and
Rescue District Master Plan, based upon the District for which they were collected, until the
Annual Update and Inventory Report (AUIR) is updated to provide for Dependent Fire District
Facilities. Upon this update to the AUlR, provisions for Dependent Fire District Facilities will be
made and the attached Master Plan shall be considered repealed npon that action.
SECTION TWO. Section 74-106 of the Collier County Code of Laws and Ordinances is hereby
amended to read as follows:
Section 74-106.
Adoption of impact fee studies.
(8) Fire facilities: 1818 af Capl'i Fire Diemel ell Oellal'ee Fitoe Diettiet YH'e Impaet Fee
Stully Elatell Jtiy J9. 1997," l'f8Pe.rell 11)' Fi.1....l-ll & :\sBaeiat8e, me. El~ 30,
1997). Bll &HHlIl4.llll "Collier County 2005 FirelRescue Services Inwact Fee Uodate
Studv," prepared bv Tindale-Oliver and Associates. Inc. (Januarv 23, 2006):
..*
UIIdIIIiIllll_1I oddod; I... .........1Kl1I doIlllacI
Pap2of4
8E
SECTION THREE. Section 74-309 of the Collier County Code of Laws and Ordinances is
hereby amended to read as follows:
Section 74-309.
Same. Fire impact fee.
(f) Impactjee rates. The fire impact fee rate schedule incorporated in schedule g ~ is hereby
adopted and the fU'C impact fees established in the fire impact fee rate schedule are
hereby imposed on all development as required in this ordinance at a rate established
under the applicable impact fee land use categories. "High RS! d!v!l9flHicBt" iLl steaded
te IBellf\. tlHec steficsllllti highef,
(VI Annual Mid-Cvcle Fire ItnlJact Fee Rate IndexinS!. Be.,;nn;ni on Februarv 28.2006.
the County shall commence a three-year Fire Imoact Fee update cycle pursuant to
Subsections 74-20Hb) and 74-502(a) of the Code. In ea~h of the two (2) mid-cycle
years (between the formal threo-vear updates) be.,;nn;l111 on or about Mav 15,2007, the
Countv shall imolement a4iustments to the fire iIJUlact fee rates throueh adjustments to
equipment costs based on the Consumer Price Index published bv the U .S, Dl(partment
of Labor, Bureau of Labor Statistics as ~ed in the iIIlpact fee update study. Mid-
cycle indexed rate chanllC adiustments shall be adol'ted bv a Resolution of the Board
pursuant to Subsection 74-201.b. of this ~pter.
SECTION FOUR. CONFLlCf 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 FIVE. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances
of Collier County, Florida, The sections of the Ordinances may be renumbered or re-lettered and
internal cross-references amended throughout to accomplish such, and the word "ordinance" may
be changed to "section," "article," or any other appropriate word.
SECTION SIX. EFFECTIVE DATE.
This Ordinance shall be effective May IS, 2006, subject to filing with the Florida
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of ,2006,
ArrEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COUJER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
Frank: Halas, Chairman
. ....-...-r1 7
Itt'"-"...",
Jeu. J" ~.....tzkow
Asaij tan \ \ Iounty Attorney
legal sufficiency:
l1JldDdiIlIlIlUll& oddod; __ ....... IUl iI doIded
!'IF 3 of 4
8E
APPENDIX A
SCHEDULE FIVE: FIRE IMPACl' FEE RATE SCHEDULE
~Bidemiti:
$2&&.97 per llwI1liftg 1H1it
Cemmereial:
Il69 plr 8lJ.\i8N fset
A6ttitieaal iBlpaet fel fer Bi.gk Rse
Ekwel8l'meBt E1firee ar Mele gee!'&):
157.27 per d~\'el:liBg lH!R
Ochooee Fire Control and Rescue District
Non-Residential
$0,70 per square foot
(Maximum fee of $2.8(0)*
$0.20 per square foot
Residential
Isles of CaDri Fire Control and Rescue District
Residential
$0.41 per square foot
(Maximum fee of $1.640)**
Non-Residential
$1.08 per square foot
* The OchQJlCC Fire Control and Rescue District Impact Fee is caplled based uoon the fee
apolicable to a 4.000 sauare foot dwellin~ unit
.. The Isles of ClWri Fire Control and Rescue District Impact Fee is cawed based ullon the fee
8pl'licable to a 4.000 square foot dwelline: unit
~_is oddod; __lion.. _ is cIckted
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February 13, 2006
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Collier County 2005 Fire/Rescue Services Impact Fee Update Study
Dear Legals:
Please advertise the above referenced notice on Friday, February 17, 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 # 131-138902-649100
NOTICE OF INTENT TO CONSIDER ORDINANCE
8E
Notice is hereby given that on Tuesday, February 28, 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 SCHEDULE FIVE OF APPENDIX A OF CHAPTER
74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT
ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR THE
INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED
"COLLIER COUNTY 2005 FIRE/RESCUE SERVICES IMPACT FEE UPDATE
STUDY"; PROVIDING FOR THE ADOPTION OF THE OCHOPEE FIRE CONTROL AND
RESCUE DISTRICT MASTER PLAN AND THE ISLES OF CAPRI FIRE CONTROL
AND RESCUE DISTRICT MASTER PLAN; AMENDING THE FIRE IMPACT FEE RATE
SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY;
ESTABLISHING AN ANNUAL MID-CYCLE INDEXING FOR THE FIRE/RESCUE
SERVICES IMPACT FEE RATES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF MAY 15,
2006.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
8E
FRANK HALAS I CHAI RMAN
DWIGHT E. BROCK, CLERK
By: Heidi R. Rockhold, Deputy Clerk
(SEAL)
Heidi R. Rockhold
8E
From:
Sent:
To:
Subject:
Heidi R. Rockhold
Monday, February 13, 2006 12:39 PM
'Iegals@naplesnews.com'
2005 Fire/Rescue Services Impact Fee Update Study
Attachments:
Impact Fee 2005 Fire-Rescue Services.doc; IMPACT FEES-2005 FIRE-RESCUEdoc
Legals,
Please advertise the above mentioned notice on Friday, February 17, 2006,
Impact Fee 2005 IMPACT FEES-2005
Fire-Rescue Se... FIRE-RESCUE,d...
{(you have questions, please call.
Thank you :)
Heidi R, Rockhold
Clerk to the Board of County Commissioners
Minutes and Records Department
(Phone) 239-774-84 J 1
(Fax) 239-774-8408
(heidi. rockhold@clerk.collier.fl.us)
Heidi Rockhold
8E
Heidi R. Rockhold
From:
Sent:
To:
Subject:
Clerk Postmaster
Monday, February 13, 2006 12:39 PM
Heidi R. Rockhold
Delivery Status Notification (Relay)
A TT 4985101 . txt; 2005 Fire/Rescue Services I m pact Fee Update Study
Attachments:
l!:1
~
B
ATT4985101.txt
(231 B)
2005 Fire/Rescue
Services Impa... This L\' an autmnatically generated Delivery Status Notification.
I'our message has been succes"~fidly rela.Fed to thefolloH}ing recipients, but the requested
delivery status not(fications l11a)J not be generated b.F the destination,
I egals ({~napl es ne'ws. com
Heidi Rockhold
2005 Fire/Rescue Services Impact Fee Update Study
Heidi R. Rockhold
Page 1 of 1
8E
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Monday, February 13. 2006 2:05 PM
To: Heidi R. Rockhold
Subject: RE: 2005 Fire/Rescue Services Impact Fee Update Study
OK
-----Original Message-----
From: Heidi R, Rockhold [mailto:Heidi,Rockhold@c1erk,collierJl.us]
Sent: Monday, February 13, 2006 12:39 PM
To: legals@naplesnews,com
Subject: 2005 Fire/Rescue Services Impact Fee Update Study
Legals,
Please advertise the above mentioned notice on Friday, February 17, 2006.
<<Impact Fee 2005 Fire-Rescue Services. doc>> <<IMPACT FEES-2005 FIRE-RESCUE.doc>>
If you have questions. please call.
Thank you :)
Heidi R. Rockhold
Clerk to the Board of County Conllnissioners
Minutes and Records Department
(Phone) 239-774-8411
(Fax) 239-774-8408
(heidi. rockhold@clerk.collierjl, us)
2/13/2006
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 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 1
time(s) in the issue February 17th, 2006
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; 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 Collier County, Florida, for a period of I
year ncxt 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 purpose of securing this advertisement for
publication :n the said newsper.
iJ ( ~~ ~
( Signature of affiant)
Sworn to and subscribed before me
This February 17th, 2006
-}. --
/-6' ~
Ignature of notary public)
:'-:R.~A~fN~:;;~ Harriett Bushong
;~f."Ji.';}:J MYCOMMISSION# ~D23466? EXPfRE~
,.?/~t~ .' July 24,2007
'''~19r.1~~~ GONfJEOTHRU TROY FAiN lNSL!PANCE, INC
, NOTICE OF INTENT TO
.n CONSIDER ORDINANCE
-Notice I. hereby given
that on TUeId&y, Febru'
uyZS, JOOI. In the
,
'Boardroom. 3rdI1l~or.
Administration Iilulldlng.
co lIer County GOvern.
/'ment Center. 3301 East
Itamlaml Trall.!. Naplesj
I F orlda, the 1I0ard OT
Colul nty cldommlss,loners
wU cons er ttllt enact.
ment of a coun'.y ( Ordl.
nance. The meettng will
commence at 9:00 A.M.
I ~;.he title of the pro-
~~-Ord!ijiUlW~
.JONOWSi"""
AN ORDINANCE OF THE
BOARD OF COUNTY
I COMMISSIONERS OF
COLLIU CUNTY
IFaO.:.IJUI.Dti.... A, ~~..'.'I:'~.,.I
ri ,.,., 0' HAP'r.*
. TV c~M
TlMlI'
come
N.
FE!
O. ZOOl.
0, PRO.
MI
IV R R.
~il!s E 1M ACT
;f~JIIcf,~aiW:~4i
IMPACTFU UPDATE
moXd~~m:
OCHOPS . FIRe C NTltOl.
AM~g_BpeUE D~TRICT
A5TElII PJ.AHAHD THE
ISLES OF CAP.~I FIRE
CONTROL. AND RESCUE
DISTRICT MASTER PLAN'
AMENDING THE FIRE 1M:
PACT FEE RATE SCHED.
ULE. AS SET FORTH IN
THE IMPACT FEE UP.
DATE STUOY; ESTAB.
LISHING AN ANNUAL
MID,CYCLE INDEXING
FOR THE FIRE/RESCUE
S~R~,I.C~;iMPAGl' fit!
CRAOTIIN' ','cr"OVIDIIilG FOR
NFL AND SEVERA"
BILlTY.i PROVIDING FOR
INCLU310N IN THE CODE
OF LAWS AND ORDI.
NANCES; AND PROVID.'
ING FOR A DELAYED EF.
FECTIVEDATE OF MAY
15, %ON.
COllies of the proposed
Ordinance are on file
with the Clerk to the
fOardl...~lonate available
.or' ..........., . All Inter.
W~~~
NOTE: All ~ Wl$h;
~~ak on any
ter wltll _~nty"1\1:
mlnlstrator MiaI' to Pf'!l.
sentlltlan of the ~
Item to be addressed.
Indlvlclual speakers will
be limited tOt. minutes
on llI'IY. . Mlee.
tlon, Of an to
speak on an
organization or group Is
encouraged. If recog.
nlzed ~y the Chairman.
a spokellPerson for a
group o~._...'...'. .Izatlpn
m8ll1le ,.,. 1. min.
utes to. speak O~ an
. Item.
Persons WiShing to.
!!.a~~li!\tgt.w:..lI!l~
BE
I COMMISSIONERS
COLLIER COUNTY,
FLORIDA
FRANK HALAS, CHAIR-
I MAN
DWIGHT E. BROCK,
CLERK
I By: Heidi R. Rockhold,
, Deputy Clerk
(SEAL)
, Fe_b..:.!L-__No. 1323057
GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT
BE
4741 GOLDEN GATE PARKWAY. NAPLES, FLORIDA 34116-6901
(239) 348-7540 · FAX (239) 348-7546
RESOLUTION #06-1
WHEREAS, the Golden Gate Fire Control and Rescue District is an Independent Special
District created by the State of Florida; and
WHEREAS, the Golden Gate Fire Control and Rescue District has an agreement with
Collier County for the collection of impact fees on behalf of the District; and
WHEREAS, the Board of Fire Commissioners is adopting a new fee schedule as
proposed by the December 2005 Fire/Rescue Services Impact Fee Update Study prepared
by Tindale-Oliver & Associates, Inc.;and
WHEREAS, the Board of Fire Commissioners is notifying Collier County to amend the
Interlocal Agreement between Collier County and the Golden Gate Fire Control &
Rescue District adopted and signed by the Board of County Commissioners on the 16th
day of January, 1990, to include the new impact fee schedule.
NOW, THEREFORE BE IT RESOLVED, the Board of Fire Commissioners adopts the
following impact fee schedule:
1. Each new residential dwelling unit: $0.25 per square foot of living area.
2. New commercial or industrial structures: $0.39 per square foot of usable area.
3. New mobile home developments: $0.25 per square foot of permitted living area
.........................................................................
IT IS HEREBY CERTIFIED, that the foregoing is a true and correct copy of a Resolution
adopted February 8, 2006, by the Board of Fire Commissioners of the Golden Gate Fire
~regularmeetingheld:~~8.2006.
''i ~ /'
,.. ."'''' ..'
- . ,ity/itt.-"5/1/>'~ .
. - - u. N. CHAIRMAN 'ROBERT M. MAST. TREAsURER
cu J1tAi..-. ~ .'.
CHARLES M. MCMAHON, SECRETARY
BE
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The complcted routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line througl routinl/; lines #1 throulth #4, complete the checklist, and fOlWard to Sue Filson Oine #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. S a. no r 0... \-~ct CDES~ A-ch~ir\i 5tr~tlon l}A 1-
j"j,'g/tf r.--
2. / I
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Phone Number
Agenda Item Number
+-
Number of Original
Documents Attached
(;, Sq - S7 ~ I
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J G,
(+P
1\1 A
f
AP
,Xl
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I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date 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 ture 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 BCe 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 0 deadlines!
The document was approved by the BCC on _'" enter date) and all changes
made during the meeting have been incorporate in t e attached document. The
Coun Attorne's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6.
O~~~~O~~~:RI~1i.~~~~~~<;~LIP q F' .~ ~
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 !1W: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's stmature, draw a line throuIU routin21ines #1 throullh #4, conmlete the checklist, and forward to Sue Filson nine #5).
Route to Addressee(s) Office Initials Date
(List in routinl!: order)
1. Sand r (A k~C{ CDES- A-dmini 5ff~tjon #A f__ )., / f'6/1 ~
2. , I !
3.
."
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(Thc 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 staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Number of Original
Documents Attached
~ s q - S'7;;), I
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J ~
PrP
rJA
Af
AP
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark <eN/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 ssibl 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 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 ture 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 0 deadlines!
The document was approved by the BCC on , ... '] ~ enter date) and all changes
made during the meeting have been incorporate in t e attached document. The
Coun Attorne's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
8 r-
t
ORDINANCE NO. 2006- 10
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE FIVE OF
APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF
LA WS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS
AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE,
OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY 2005
FIREIRESCUE SERVICES IMPACT FEE UPDATE STUDY"; PROVIDING
FOR THE ADOPTION OF THE OCHOPEE FIRE CONTROL AND RESCUE
DISTRICT MASTER PLAN AND THE ISLES OF CAPRI FIRE CONTROL
AND RESCUE DISTRICT MASTER PLAN; AMENDING THE FIRE
IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE
UPDATE STUDY; ESTABLISHING AN ANNUAL MID-CYCLE INDEXING
FOR THE FIREIRESCUE SERVICES IMPACT FEE RATES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A
DELAYED EFFECTIVE DATE OF MAY 15, 2006.
WHEREAS, the Isles of Capri Fire Control and Rescue District and the Ochopee Fire
Control and Rescue District are dependent fire districts of Collier County; and
WHEREAS, on April 21, 1998, the Board of County Commissioners adopted Ordinance
No. 98-30, establishing the Isles of Capri and Ochopee Fire Impact Fee Ordinance, thereby
establishing the County's then applicable Fire Impact Fee rates, and, as such, those rates have been
in effect for more than three years; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance
No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding
all of the County's then existing impact fee regulations, and consolidating all of the County's
impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code
of Laws and Ordinances (the "Code"), and incorporating the aforementioned Fire Impact Fee rates
established by the adoption of Ordinance No. 98-30; and
WHEREAS, as Section 74-502 of the Code states that impact fee studies should be
reviewed at least every three years, the County retained Tindale-Oliver and Associates, Inc. (the
"Consultant"), to review the existing Fire Impact Fees and recommend changes to the fees where
appropriate; and
WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County
2005 Fire/Rescue Services Impact Fee Update Study," dated January 23, 2006 (hereinafter the
"Study"); and
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Study recommends changes to the Fire Impact Fee rate schedule, as set
forth in Schedule Five of Appendix "A" of Chapter 74 of the Collier County Code of Laws and
Ordinances; and
WHEREAS, the Study also recommends establishing the proposed impact fee rates in
order to more equitably distribute the costs of acquiring public facilities based upon a rational
nexus relating costs incurred by fee payers to infrastructure impacts created by commercial and
residential land uses; and
Underlined text is added; Stmek tllrollgh text is deleted
..
8. r:
E
to.,",
WHEREAS, the use of uniform procedures will best ensure that Fire impact fees are
"earmarked" and expended for the public facilities for which they were imposed and collected; and
WHEREAS, the Board annually develops a capital budget and updates the Annual Update
and Inventory Report (AUIR) to ensure new development is adequately provided with public
facilities necessary to serve new development at the growth rates projected in the Fee Report and
in the other Impact Fee Studies adopted and set forth at *74-106, of the Consolidated Ordinance,
as amended by this Ordinance; and
WHEREAS, the Board has developed an Isles of Capri Fire Control and Rescue District
Master Plan and an Ochopee Fire Control and Rescue District Master Plan, which include the
public facilities and/or equipment to be provided on a pro rata basis to new development paying
the Fire impact fee; and
WHEREAS, planned improvements in the Isles of Capri Fire Control and Rescue District
Master Plan and the Ochopee Fire Control and Rescue District Master Plan and the AUIR are fully
or partially necessitated by new development; and
WHEREAS, the Consultants have developed fee calculation and indexing methodologies
that will be imposed in an equitable and non-discriminatory manner; and
WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the
recommended changes to the Fire Impact Fee rate schedule, and recommends that the Board of
County Commissioners adopt this Ordinance to implement the recommended changes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. The Ochopee Fire Control and Rescue District Master Plan, which is attached
hereto as Exhibit "A," and the Isles of Capri Fire Control and Rescue District Master Plan, which
is attached hereto as Exhibit "B," are hereby incorporated by this reference and adopted. Fire
Impact Fee funds may be spent only for the benefit of new development in accordance with the
Ochopee Fire Control and Rescue District Master Plan or the Isles of Capri Fire Control and
Rescue District Master Plan, based upon the District for which they were collected, until the
Annual Update and Inventory Report (AUIR) is updated to provide for Dependent Fire District
Facilities. Upon this update to the AUIR, provisions for Dependent Fire District Facilities will be
made and the attached Master Plan shall be considered repealed upon that action.
SECTION TWO. Section 74-106 of the Collier County Code of Laws and Ordinances is hereby
amended to read as follows:
Section 74-106.
Adoption of impact fee studies.
(8) Fire facilities: Isle of Capri Fire District and Ochopee Fire District Fire Impact Fee
Study dated July 30, 1997," prepared by Fishkind & .l\ssociatcs, Inc. (July 30,
1997), as amended "Collier County 2005 Fire/Rescue Services Impact Fee Update
Study," prepared by Tindale-Oliver and Associates, Inc. (January 23,2006);
***
Underlined text is added; Strllelr tllrellgll text is deleted
Page 2 of 4
..
8E
SECTION THREE. Section 74-309 of the Collier County Code of Laws and Ordinances IS
hereby amended to read as follows:
Section 74-309.
Same - Fire impact fee.
(f) Impactfee rates. The fire impact fee rate schedule incorporated in schedule & ~ is hereby
adopted and the fire impact fees established in the fire impact fee rate schedule are
hereby imposed on all development as required in this ordinance at a rate established
under the applicable impact fee land use categories. "High rise development" is intended
to moan throe stories and higher.
(J;?) Annual Mid-Cvcle Fire Imoact Fee Rate Indexim? Beginning on February 28, 2006,
the County shall commence a three-year Fire Impact Fee update cycle pursuant to
Subsections 74-201(b) and 74-502(a) of the Code. In each of the two (2) mid-cycle
years (between the formal three-year updates) beginning on or about May] 5, 2007, the
County shall implement adiustments to the fire impact fee rates through adiustments to
equipment costs based on the Consumer Price Index published by the U.S. Department
of Labor, Bureau of Labor Statistics as specified in the impact fee update study. Mid-
cycle indexed rate change adiustments shall be adopted by a Resolution of the Board
pursuant to Subsection 74-201.b. of this Chapter.
SECTION FOUR. 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 FIVE. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances
of Collier County, Florida. The sections of the Ordinances may be renumbered or re-lettered and
internal cross-references amended throughout to accomplish such, and the word "ordinance" may
be changed to "section," "article," or any other appropriate word.
SECTION SIX. EFFECTIVE DATE.
This Ordinance shall be effective May 15, 2006, subject to filing with the Florida
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this Jcgth day of J:-ebr<<arf 2006.
ATTEST
Dwight E. Bropk, Clerk,
~~~C
B A~ test ~. to ~.1~y CI~rk
S 19ni u....~fS11.. ",". .,' .
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
~.
";-'~' ~
Frank Halas, Chairman
., .
and:legal sufficiency:
Underlined text is added; Strllck thrslIgh text is deleted
Page 3 of 4
BE
APPENDIX A
SCHEDULE FIVE: FIRE IMPACT FEE RATE SCHEDULE
Residential:
$288.97 per dv.e1ling unit
Commercial:
0.60 per square foot
i\.dditional impact fee for high rise
development (three or more floors):
157.27 per dv/elling unit
Ochopee Fire Control and Rescue District
Residential
$0.70 per square foot
(Maximum fee of $2,800)*
Non-Residential
$0.20 per square foot
Isles of Capri Fire Control and Rescue District
Residential
$0.41 per square foot
(Maximum fee of $1.640)**
Non-Residential
$1.08 per square foot
* The Ochopee Fire Control and Rescue District Impact Fee is capped based upon the fee
applicable to a 4.000 square foot dwelling unit
** The Isles of Capri Fire Control and Rescue District Impact Fee is capped based upon the fee
applicable to a 4,000 square foot dwelling unit
Underlined text is added; Stmek threHgk text is deleted
Page 4 of 4
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BE
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 2006-10
Which was adopted by the Board of County Commissioners
on the 28th day of February, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of March, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~~
By: Teresa Dill~rd,
Deputy C-le:(k .
{ 'Dc.
~
-
'.. ,'..
,
.:,
, .
~, ';'} '; I,.. ,) . '-,:'~ \ \...
8F
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:
*********************************************************~*******************************.****.***.****
Originating Dept/ Div: Comm.Dev.Serv./PlanningPerson: Kay Deseleml~ Date: 1),-19-0.5
Petition No. (If none, give brief description): DOA-200S-AR-81 13, Vineyards (The) Of Naples
Petitioner: (Name & Address): Vineyards Development Corporation, Michel Saadeh, 7S Vineyards Blvd.
Naples, FI. 34119
Name & Address of any person(s) to be notified by Clerk's Office (If more space is needed, attach separate sheet Vineyards Development
Corporation, 75 Vinyards Blvd., Naples, FI. 34119
Hearing before
BCC
BZA
Other
Sc:..e ~ ~ /
Requested Hearing date:
February 28. 2006
Based on advertisement appearing I S 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: DOA-200S-AR-8113. Michael Saadeh, of Vineyards
Development Corporation, as owner and agent, is requesting an extension of the DRI Development Order build-out date from May 7,
2005 to May 6, 2010 to allow completion of on-going and planned construction planned for the Vineyards of Naples DRI. The subject
property, consisting of 1,930 acres, is located along 1-75 bounded by Pine Ridge Road to the south, Vanderbilt Beach Road to the
North, Airport-Pulling Road to the west and Logan Blvd, to the east, within Sections 5 & 8, Township 49 South, Range 26 East, also
portion of Section 6, Township 49 South, Range 26 East and portion of Section I, Township 49 South, Range 2S 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:
.A~~,,'t/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 Clerk's Office, retaining a copy for file.
**************************************************************.*****.*********************..**.*******
FOR CLERK'S OFFICE USE ONLY:
Date Received:L:9... ;}nfJl.,Date of Public hearin~ate Advertised: a -1 a -a-Obtp
;.,j:;..
...~~_.
8F
DEVELOPMENT OF REGIONAL IMPACf
DEVEWPMENT ORDER AMENDMENT
POR
TIlE VINEYARDS OF NAPLES
DRIDOA-2005-AR-S113
RESOLUTION NO. 06-_
DEVELOPMENT ORDER NO. 06-01
A RESOLUTION AND DEVELOPMENT OF REGIONAL
IMPACT DEVELOPMENT ORDER AMENDMENT OF
TIlE BOARD OF COUNTY COMMISSIONERS OF
COLLmR COUNTY, FLORIDA AMENDING
DEVELOPMENT ORDER NUMBER. 85-02, AS AMENDED,
FOR THE VINEYARDS OF NAPLES EXTENDING THE
DR! DEVELOPMENT ORDER TERMINATION AND
BUILD-OUT DATE FROM MAY 7, 2005 TO MAY 6. 2010
TO AUOW COMPLETION OF ON-GOING AND
PLANNED'CONSTRUCTlON, LOCATED IN SECTIONS 1
TIiROUGH 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
AND SECTION 6, TOWNSHIP 49 SOUTH, RANGE, 26
EAST, COILmR. COUNTY, FLORIDA; FINDING AND
DETERMINING THAT TIffi PROPOSED CHANGES TO
THEPREVIOUSL Y APPROVED DEVELOPMENT ORDER
TO NOT CONSTl1lJTE A SUBSTANTIAL DEVIATION;
PROVIDING FOR FINDINGS OF FACT; CONCLUSIONS
OF LAW; AND EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDERS, TRANSMI1TAL TO DCA AND
EFFECTIVE DATE.
WHEREAS. the Board of County Commissioners of Collier County, Florida, approved
Development Order Number 85-2; as amended, on May 7, ]985, which approved a
Development of Regional Impact (DRl) known 8.'1 the Vineyards of Naples; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made 8 part of the Development Order; and
WHEREAS. the real property which is the subjcct of the Development Order is legally
described and set forth in Exhibit Of A" to the Development Order; and
WHEREAs, the owners of the DR' property desire to exl:c:nd the DR! Development
Order build-out date from May 7, 2005. to May 6, 2010, to allow compl~on of on-going and
planned construction planned for the ~ards of Naples DR!; and
WHEREAS, Michel Saaileh representing Vineyards Development Corporation.
petitioned the Board of County Commissioners of Collier County, Florida, in Petition Number
OOA-200S-AR-8113, to amend the Development Order to exttmd the build-out date; and
WHERF.As, the Board of County Commissioners of Collier COUDty has revieWed and
coDsidered the reports of the SWFRPC and the Collier County Planning Commission and held
a public hearing on the petition on Febmary 28, 2006;
Words etNek 1hNUSh are deleted; woltls under~ are added.
Page I of3
:'.....~
',~
/
8F
NOW, TIfEREFORE, BE IT RESOLVED BY nrn BOARD OF COUNTY
COMMISSrONERS OF COLLffiR COUNTY, FLORIDA, that:
SEcnON ONE: AMENDMENT TO DEVELOPMENT ORDEB
Subsection 7 of the Vineyards of Naples DRI Devclopment Order No. 85-2, as amended, ill
hel'eby amended to add the following underlined text:
The tem!in"tion and build-cut date for this nroiect shall be Mav 6. 2010.
SECTION TWO: FINDINGS'OF FACT.
A. The real property which is the subject to the ameIHhnent petition is legally descn'bed as
set forth in Exhibit "A", attached hereto and by reference madc a part hereof.
B. lbe proposed revisions to The Vineyards of Naples Developmem Order No. 85-02, as
amended, as described in Petition OOA-2005-AR-8 113, are hereto made a part of this
Resolution.
C. The Petitioner's application for a :Notice of Proposed Change (NOPC) is in accordance
with Section 380.06(19), Florida Statutes.
D. The changes proposed by this NOPC for the DR! involve ar:t extension of build -cut date
. froM May 7, 2005, to May 6, 2010.
SECTION TIIREE: CONCLUSrONS OF LAW
A. The proposed amendment.to the approved Development Order Will not unreasonably
. interfere with the acl1ievcment of the o~ectfves of the adopted State Land Development
Plan applicable to the area.
B. The proposed amendment to the previously approved Development Order is consistent
with the ~lIier County Growth Management Plan and the land development
regulations adopted pursuant thereto.
C. The proposed amendment to the previously approved Development Order ill consistent
with the State Q,mprehensive Plan.
D. The proposed amendment to the Development Order is not a substantial cJcviation from
Development Order No. 85-02, as amended.
Words 8liNek 1Rreugh arc deleted; words underl~ are added.
P8iC20f3
8F
SECnON FQuR, =;4"~~~~~~ ORDRRS,
A. Except IUI 81Dcnded hereby, Developm~t Order No. 85-2,1UI amended, s.b.al1 remain in
full force and effect, binding in accordance with ita tenns on all parties thereto. This
lIII1endcd Development Order shall take precedence over any of the applicable
provisions of previous development orders which arc in conflict therewith.
B. Copies of this Developrnem Order No. ~I (Resolution No.
) shall ~
transmitted by Collier County immedilte1y upon execution to the Ilepe.rtmcnt of
Community AtIilirs, and the Southwest Florida Regional Planning Council.
C. This Development Order shall taJce effect as provided by law.
Done this
This ReSOlution adopted after motion, second aDd nugority vote.
day of
,2006.
A1TEST;
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER: COtJN1.Y~ FLORIDA
Deputy Clerk
BY:
CHA.IRMAN
Approved as to Ponn
And Legal Sufficiency:
Ob.......,:,",,,, ,rn . .Ilh ~ ~~ ---'- -!1t::t.d ~ .
-~ ~
Assistant County Attomey
llOA.20Q5-AR"II~
WOlds ""Willi: ..... are deleted; wonts underlinfo4 are added.
Page 3 of3
8F
LEGAL DESCRIPTION
VINEYARDS OF NAPLES
DRIDOA-2005-AR-8113
section 5, Township 49 South, Range 26 East, Collier County,
Florida. containing 727.7 acres, more or less.
r
section ~, Township 49 South, Range 26 East, coilier County,
Florida less and except Interstate Highway I-75::right-of-way
Parcel 121. (O.R. Book 907 Pages 637-643). containing 642.7
acres, more or less.
A parcel of land located in section 6, Township 49 South,
Range 26 East, Collier County, Florida,'" being more
particularly described as follows:
Begin at the northwest corner of section 6, Township 49 South,
Range 26 East, Collier County, Florida; thence run S 89055159"
E, along the north line of the northwest 1/4 of said'Section
6 for a distance of 2644.09 feet to the north i/4 corner of
said section 6; thence run S 89056120" E, along the north line
of the northeast 1/4 of said Section 6 to the westerly right-
of-way line of I-75 (State Road No. 93) as the same is shown
on the state of Florida Department of Transportation right-of-
way map for state Road No. 9~ (I-75) Collier County, Florida,'
section 03175-2403, sheet 1, and a point on a circular curve
concave to the southwest, whose radius point bears S 80010118"
W a distance of 7477.44 feet therefrom; thence run southerly'
along the arc of said curve to the right, and along said
westerly right-of-way line, having a radius of 7477.44 feet,
through a central angle of 0900915211, subtended by a chord of
1194.74 feet at a bearing of S 05014'4611 E, for a distance of
1196.01 feet to the end of said cu~ve; thence'~un S OQO)9'5011
E, along said westerly right-of-\.Jay line, for a distance of
1457.77 feet to a point on the no~tll li ne of Ridge Fa rms
LEGAL DESCRIPTION
Vineyards Of Naples
DRIDOA-2005-AR-8113
Page 1 of3
8F
.'
\.
,
subdivision, an unrecorded sUbdivision; thence run N 89056'34"
'W along the northerly line of the said Rid'ge Farms subdivision
for a distance of 923.13 feet to an existing concrete monument
marking the northwest corner of Tract 50, of the said Ridge
Farms subdivision; thence run S 02024'57" E along a westerly
line."of said Ridge Farms subdivision to an existing concrete
monument; thence run S OP 13 104" E along awes terly line of
said Rid~e Farms subdivision for a distance of 137.19 feet to
an existing concrete monument; thence run N 89054'34" W for a'
distance of 3960.S6 feet to a point on the west line of the
s.outhwest 1/4 of said Section 6; thence run N 01013'58" W for
a distance of 137.58 feet to the west 1/4' corner of said
Section 6; thence run N 02022'41" H along the west line of the
northeast 1/4 of said Section 6 for a distance of 3171.05 feet
to the point of beginning, containing 358.263 acres, more or
less;
AND
The north 1/2 of the northeast 1/4 of section I, Township 49
South, Range 25 East, Collier County, Florida, and the north
.1/2 of the northwest 1/4 of Section I, Township 49 South,
Range 25 East, Collier County, Florida, less the west 100.00
feet thereof, containing 196.696 acres, more orf less;
AND
A parcel of land located in the south 1/2 of Section 6,
Township 49 South, Range 26 East, Collier County, Florida,
being more particularly described as follows:
I"
Commence at the southwest corner of Section 6, Township 49
South, Range 26 East, Collier County, Florida; thence run N
01013'58" W, along the west line of the southwest 1/4 of said
Section 6, for a distance of 1980.00 feet; thence run N
87035'44" E for a distance of 2607.64 feet; thence run N
OP13'58" W, parallel with the west line of the southwest 1/4
of said Section 6, for a distance of 945.56 feet to a point on
the southerly line of that parcel of land located in said
Section 6 as the same is described in a.R. Book 1481.at Page
1852 of the Public Records of Collier County, Florida, said
parcel being shown on the Hole, Montes and Associates, Inc.
boundary and location survey, having drawing no. A-365, sheet
3, dated 10/26/89, and the point of beginning of the parcel of
land herein descr ibed; thence run S 89" 54 134" E along sa id
southerly line for a distance of 939.91 f.eet; thence run U
01017'22" W for a distance of 2.21 feet; thence run N
89055151" W for a distance of 939.90 feet; thence run S
01013'58" E for a distance of 1.87 feet to the point of
beginning, containing 1,917..4 square feet, more or less;
AND
LEGAL DESCRIPTION
Vineyards Of Naples
DRIDOA-2005-AR-8113
Page 2of3
. .
8F
-f
l\ portion of Section 8,
"Collier County, Florida,
follows:
Commence at the southwest corner of section 8, Township 49
South, Range 26 East, Collier County, Florida; thence along
south line of said Section 8 north 89034'4411 east 1557.48
feet; thence north 00025'1611 west 54.00 feet to the north
right-at-way line of pine Ridge Road (C896) and the point of
beginning of the parcel of land hereinafter described; thence
north 00025'16" west 125.40 feet to a point .on a non-
tangential curve; thence along a curve to the left having a
.radius of 135.00 feet a central angle of 21044' 2211 an arc
length of 51.22 feet and a chord which bears north 790))'0911
west to a point of tangency; thence south 89034'44" west a
distahce of 344.66 feet to a point of curve; thence along' a
curve to the ri~ht having a radius of 4io.20 feet a central
angle of 22011'0511 an arc length of 182.06 feet and a chord
which bears north 79019' 22" west to a' point of tangency i
thence north 68014' 11" west a distance of 225.30 feet to a
point of curve; ,thence along a curve to the right having a
radius of 465.00 feet a central angle of 53017'1911 an arc
length of 432.48 feet and a chord which bears north 41Q)5'31"
west to a point of tangency; thence north 14056' 5211 west a
distance of 506.21 feet to a point of curve; t~ence along a
curve to the right. having a rad~us of 965.00 feet a central
angle of 15009 '09" an arc length of 255.20 fee.t and a chord
which bears north 07022118" west; thence north 8'9047'43" west
a distance of 107.28 to the west right of way of.r-75; thence
south 14056'52" east a distance of 789.56 feet to a point of
curve; thence along a curve to the left having- a radius of
1065.92 feet a central angle of 17006'58" an ~-rc length of
-318.42 teet and a chord which bears south 23030'21" east to a
point of compound curve; thence - along a curve to the left
having a radius of 109.82 feet a central angle of 4901511611 an
arc length of 94.41 feet and a' chord which bears south
56041'28" east to a point of tangency; thence south 8"1Q19'0611
east a distance of 103.44 feet to a point of curve; thence
along a curve to the right having a radius of 210.00 feet a
central angle of 72043'2411 an arc length of 266.54 feet and a
chord which bears south 44057' 24 II east; thence south 86030 I 04"
east a distance of 172.41 feet; thence north 89034'44" east a
distance of 472.50 feet to the point of beginning, and
containing 4.76 acres more or less.
Township 4 9 South, Range 26 East,
being more particularly described as
LEGAL OESCRIPT\ON
Vineyards Of Naples
DR\oOA-2005-AR-8113
Page 3 of 3
8F
Minutes & Records sends a copy of the approved DRI/DOA wlback up to:
Mr. Daniel Trescott
DR! Coordinator
1926 Victoria Avenue
Ft. Myers. Florida 33901
Telephone:
Fax:
(239) 338-2550 (X 220)
(239) 338-2560
Att: Bernard Piawah
Dev. of Regional Impact Section
State of Fla. Dept. of CommUnity Affairs
2555 Shumard Oak Blvd.
Tallahassee. Florida 32399-2100
8F
January 10, 2006
Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition:
DOA-2005-AR-8113: The Vineyards of Naples
Dear Legals:
Please advertise the above referenced petition on Sunday, February 12, 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.lAccount #113-138312-649110
8F
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, February 28, 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:
A RESOLUTION AND DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER
AMENDMENT OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING DEVELOPMENT ORDER NUMBER 85-02, AS AMENDED, FOR
THE VINEYARDS OF NAPLES EXTENDING THE DRI DEVELOPMENT ORDER
TERMINATION AND BUILD-OUT DATE FROM MAY 7, 2005 TO MAY 6, 2010 TO
ALLOW COMPLETION OF ON-GOING AND PLANNED CONSTRUCTION, LOCATED IN
SECTIONS 1 THROUGH 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, AND
SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; FINDING AND DETERMINING THAT THE PROPOSED CHANGES TO THE
PREVIOUSLY APPROVED DEVELOPMENT ORDER TO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION; PROVIDING FOR FINDINGS OF FACT;
CONCLUSIONS OF LAW; AND EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE.
Petition DOA-2005-AR-8113, Michael Saadeh, of Vineyards Development
Corporation, as owner and agent, is requesting an extension of the DRI
Development Order build-out date from May 7, 2005 to May 6, 2010 to allow
completion of on-going and planned construction planned for the Vineyards
of Naples DRI. The subject property, consisting of 1,930 acres, is located
along I-75 bounded by Pine Ridge Road to the south, Vanderbilt Beach Road
to the North, Airport-Pulling Road to the west and Logan Blvd. to the east,
within Sections 5 & 8, Township 49 South, Range 26 East, also portion of
Section 6, Township 49 South, Range 26 East and portion of Section I,
Township 49 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 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.
8F
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
FRANK HALAS, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
'Goi!iity-of-C(1l~lier
4,.. '-"., ,
CLERK OF THE GIRCtrIT COURT
COLLIER COUNTY~'- ,URTPIO, USE
3301 TAMIAMI IL EA~T
P.O. BOX 4 ~044 \
NAPLES, FLORIDA~.#101-3<k4
~('. I
SF
~4~~) ".,
. !~r;...
"\ (
::)-/
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 10, 2006
Michael Saadeh
Vineyards Development Corporation
75 Vineyards Blvd.
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
DOA-200S-AR-8113, The Vineyards of Naples
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
February 28, 2006 as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published
in the Naples Daily News on Sunday, February 12, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~Ol-1J-..'~ .at
Ann Jennej ~- 0
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@c1erk.collier.fl.us
Ann P. Jennejohn
8F
To:
Subject:
legals@naplesnews.com
DOA-2005-AR-8113 The Vineyards of Naples
Attachments:
DOA 2005-AR-8113.doc; DOA-2005-AR-8113.doc
Good Morning,
Please advertise the attached on Sunday, February 12, 2006.
Thank you,
Ann
774-8406
DOA
S-AR-S113.doc (23
DOA-200S-AR-Sl13
.doc (24 KB)
*Please note, we now have a new Chairman of the
Board of County Commissioners; Chairman Frank Halas
1
8F
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Clerk Postmaster
Tuesday, January 10, 2006 10:38 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT506565.txt; DOA-2005-AR-8113 The Vineyards of Naples
~..',",.".."
l:.:J
r~,7~71
L:-J
ATT506565.txt DOA-2005-AR-8113
(229 B) The Vineyards...
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
DOA-2005-AR-8113 The Vineyards of Naples
Ann P. Jennejohn
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Tuesday, January 10, 2006 10:51 AM
To: Ann P. Jennejohn
Subject: RE: DOA-2005-AR-8113 The Vineyards of Naples
OK
-----Original Message-----
From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collier.fl.us]
Sent: Tuesday, January 10, 2006 10:38 AM
To: legals@naplesnews.com
Subject: DOA-2005-AR-8113 The Vineyards of Naples
Good Morning,
Please advertise the attached on Sunday, February 12, 2006.
Thank you,
Ann
774-8406
<<DOA 2005-AR-8113.doc>>
<<DOA-2005-AR-8113.doc>>
*Please note, we now have a new Chairman of the
Board of County Commissioners; Chairman Frank Halas
1/10/2006
Page 1 of 1
8F
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 matter of Public Notice
as published in said newspaper
time(s) in the issue February 12th, 2006
Affiant further says that the said Naples Daily 'i ews 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 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 purpose of securing this advertisement for
publication in the sai:::1aper.
/J ,
( Signatfire of affiant)
Sworn to and subscribed before me
This February 13th, 2006
DOA.200S,AR-8l13
NOTICE OF
PUBLIC HEARING
Not, Ice Is hereby given'
that the Board of CCWnty
Clc olT\mlssloners of Col.
ller COunty wlll hold a
RUbllc hearing on Tues.
CW. J'ebl'lllOl 28. 2001 In
the Boardroom, 1rd
Ftoor. Administration,
SUlldlno. Collier County'
!l.oovernment Center,
- 1 hstTamlaml Trail
Naples, Florida. The
meetIng will begin at
9:00 A.M. The Board will
COntlder petition:
A Ri$OLUTION AND DE-
VELOPMENT OF REGION.
AL IMPACT DEVELOp.
MENT ORDER AMEND.
lotENT OF THE BOARD OF,
~UNTY COMMISSION.
....S OF COLLIER COUN.
TY, FLORltlA, AMENDING
DEVELOPMENT ORDER
R 85'02, AS
. THEI
OF NAPLES,
J"tE DRI DE.,
T L .. . ORDER'
RMINATION AND
IilUILb.oUT DATE FROM
MAY 7 MAY ~
COM'
'GOING
ANNED CON.
N. LOCATED IN
1 THROuGH 5,
I,P49 SOUTH
SEAST, AND
QUT~I.OWNSHIP
COLl:,ER ~~~~N
: FINDIIIICl AND
P NO THE
TN PRE'VCH TO
PR 'YEt> to Ap.
ORDER TODEV ENT
TUT STI.
E A TANTIAL
DEV.ATI OVID.NG
FOR FI OF FACT'
CONCL illS OF LAW:
ANDEl' T OF PREVI:
OOUpSML Ye ISSUED DEVEL.
NT ORDERS
TRANSMITTAL TO DCA
AND EFFECTIVE DATE.
PetItIon DOA.200S.AR_
8113, MJcOaeI .'Saadeh of
Vine~'ards Development
codrporatlon, as owner
an agen~, Is r9Quest!ng
an extenllfon of the DRl
g~~~P~n~rder
7. 200S to May 6. 201~g
allow I cOl1lpletlon of on.
go ng lIld planned con.
I shtructlo,n planned for
t e VlneYBliIs of Naples
DR I. The subject rro~r'
ty, conSIsting 0 1 930
~~resb' Is lOCated aion,'g I_
Rid O!lnd~it,-Plne
va~ Beach '=f
~~lIfngheR~!;th, Airport.
-.. to the west
easandt L.2flan Blvd. .to the
, ..lthJn sections S &
~' Township 49 South
ang, 26 East. also por:
tlon of hctlon 6, Town.
ship 49 South Range 26
East and ~ of Sec
t1on1. fownShlp 49
South, Ran e 2S E
Collier coume, Florlda.ast,
8F
..i~.:
, . \'.i :~
NOTE: All Persons wish-
Ing to speak on any
~ndltahltem must regls.
.'" w the County Ad.
mlnlstrator prior to pre. I
sentation Of the ag$mia
Item to be addressed
be'ndlY, Idual speakers wll;
Imlted to S minutes
on an~ Item. The seIec.
tlon of an IndIvidual to
speak on behalf of an
or ani tlon or rou Is
I encouraged. I recog
nlzed by the Chlllr ~
SPOkesperson for' a
group or crganlutlon
mtay be allotted 10 min.
u es to speak on an
Item.
'hPersons WiShing to
ave written or graphic
~:t~~~~~~:~iJ~
ets must submit said
material a minimum of 3
weeks prIor to the reo
~Ptctlve pUblic hearing.
n I!U1Y ~ written ma.
terlals ,Inctended to be
~~~nWrt:n~
staeffapProprlllte County
a mInimum of sev.
Peub",dtcays prior to the
hearing. All ma-
terIal . used In presenta.
tlons before the Board
will become a perma.
nent part of thll reCOrd.
Any person who decld.
gl theto appeal a decision
Board WIll need a
record of the, proceed.
Ingds pertaining thereto
an therefore may
need to ensure that a
verbatim record of the
prOCeedings Is made
tWhhl"th reCord Includes
e estlmony and evl.
dence upon whlcm the
appeal Is based.
~8~"&s18:ERi OU N TY
SOLLlEA COUNTY
n.OAlQA ,
FRANk HALAS. CHAIR.
MAN
, ClDWIGHT E. BROCK
I ERK '
I .~~ Jennejohn,Dep.
Il!". 12 No, 1296605
f 8F '1
MEMORANDUM
Date
March 1, 2006
To:
Kay Deselem, Principal Planner
Zoning and Land Development
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-49: Development Order 06-01
The Vineyards of Naples
Enclosed please find one (1) copy of the document, as referenced above,
Agenda Item # 8F, which was approved by the Board of County
Commissioners on Tuesday, February 28, 2006.
The Minutes and Records Department has retained the original for the
public record.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original documcnt. Original documcnts should bc hand delivcrcd to the Board Office. Thc complctcd routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action 011 the itcm.)
ROUTING SLIP
8F
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
l.Sandra Lea CDES Administration /J1),/ &/~ Ie
\
2. \/
/
3.
\
4. / \
/
/
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
t-
(The primary contact is the holder of the original documenl 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 for additional or missing
information. All original documents needing the BCC ehairman's signature are to be delivered to the BeC o/ftce only after the Bee has acted to approve the
item.)
Name of Primary Staff Kay Deselem
Contact
Agenda Date Item was February 28, 2006
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Resolution and DRI Develo
attachments
ent Order wi
213-2931
8F
Yes
(Initial)
N/A (Not
A licable)
Number of Original
Documents Attached
iI/;J
/{/ rl-
/&AI-
tJ/Q~--
I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24,05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and 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 ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on February 28, 2006 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a Iicable.
2.
3.
4.
5.
6.
SF
DEVELOPMENT OF REGIONAL IMP ACT
DEVELOPMENT ORDER AMENDMENT
FOR
THE VINEYARDS OF NAPLES
DRIDOA-2005-AR-8113
RESOLUTION NO. 06 -49
DEVELOPMENT ORDER NO. 06-01
A RESOLUTION AND DEVELOPMENT OF REGIONAL
IMPACT DEVELOPMENT ORDER AMENDMENT OF
THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING
DEVELOPMENT ORDER NUMBER 85-02, AS AMENDED,
FOR THE VINEYARDS OF NAPLES TO AMEND THE
ALTERNATIVES SECTION OF PARAGRAPH 4,
TRANSPORTATION, OF SECTION 4.C., SOUTHWEST
FLORIDA REGIONAL PLANNING COUNCIL
RECOMMENDA TIONS, TO ADD A NEW
SUBPARAGRAPH PROVIDING FOR THE PAYMENT OF
SPECIFIED SUMS TO THE COUNTY FOR PERMANENT
TRAFFIC COUNTING STATIONS AND TO EXTEND THE
DRI DEVELOPMENT ORDER TERMINA TION AND
BUILD-OUT DATE FROM MAY 7, 2005 TO MAY 6, 2010
TO ALLOW COMPLETION OF ON-GOING AND
PLANNED CONSTRUCTION, WHICH DEVELOPMENT IS
LOCATED IN SECTIONS 1 THROUGH 5, TOWNSHIP 49
SOUTH, RANGE 25 EAST, AND SECTION 6, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; FINDING AND DETERMINING THAT THE
PROPOSED CHANGES TO THE PREVIOUSL Y
APPROVED DEVELOPMENT ORDER DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION;
PROVIDING FOR FINDINGS OF FACT; CONCLUSIONS
OF LAW; AND EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida, approved
Development Order Number 85-2, as amended, on May 7, 1985, which approved a
Development of Regional Impact (DRI) known as the Vineyards of Naples; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a part of the Development Order; and
WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth in Exhibit "A" to the Development Order; and
WHEREAS, the owners of the DRI property desire to extend the DRI Development
Order build-out date from May 7, 2005, to May 6, 2010, to allow completion of on-going and
planned construction planned for the Vineyards of Naples DRI; and
Words struck through are deleted; words underlined are added.
Page 1 of 4
SF
'~
WHEREAS, Michel Saadeh representing Vineyards Development Corporation,
petitioned the Board of County Commissioners of Collier County, Florida, in Petition Number
DOA-2005-AR-8113, to amend the Development Order to extend the build-out date; and
WHEREAS, the Board of County Commissioners of Collier County has reviewed and
considered the reports of the SWFRPC and the Collier County Planning Commission and held
a public hearing on the petition on February 28, 2006;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER
A. The Alternatives Section of Paragraph 4, Transportation, of Section 4.C.,
Southwest Florida Regional Planning Council Recommendations, of Development Order
Number 85-02, as amended, for the Vineyards Development of Regional Impact, is hereby
amended to add the following:
AL TERNA TIVES
*
*
*
*
*
*
*
*
b. In lieu of the requirement in Development Order 85-2, Section 4.CA.a. that
requires the developer to submit an annual traffic monitoring report, the developer shall pay the
County the sum of $21,600.00 to be applied for the purchase of permanent year round count
stations on those portions of the roadway network on which the Vineyards development has
significant impacts. This payment is for calendar years 2006, 2007 and 2008 and shall be paid
to the County upon the adoption of this development order amendment. Should the Vineyards
development not achieve build-out by the end of year 2008, then the developer shall pay to the
County the sum of $7.200.00 for each calendar year after year 2008 that the development does
not reach build-out status. These annual payments shall be paid to the County on the
anniversary date of adoption of this amendment to this development order.
c. Other Alternatives
It is understood that the specific conditions listed above require commitments
for payment from the developer and implicit commitments for constructions from local and
state agencies. In some cases, the improvements may not result even with applicant
commitments because of the lack of commitment by state agencies. Therefore, Collier County
is allowed to provide alternatives to the above conditions when the alternatives mitigate
regional roadway impacts. Should this alternative be pursued, Collier County is requested to
solicit Council review of the alternatives prior to the Development Order being adopted.
B. Subsection 7 of the Vineyards of Naples DRI Development Order No. 85-2, as
amended, is hereby amended to add the following underlined text:
The termination and build-out date for this proiect shall be May 6, 2010.
Words struck through are deleted; words underlined are added.
Page 2 of 4
~ SF
SECTION TWO: FINDINGS OF FACT
A. The real property which is the subject to the amendment petition is legally described as
set forth in Exhibit "A", attached hereto and by reference made a part hereof.
B. The proposed revisions to The Vineyards of Naples Development Order No. 85-02, as
amended, as described in Petition DOA-2005-AR-8113, are hereto made a part of this
Resolution.
C. The Petitioner's application for a Notice of Proposed Change (NOPC) is in accordance
with Section 380.06(19), Florida Statutes.
D. The changes proposed by this NOPC for the DRI involve an extension of build-out date
from May 7, 2005, to May 6, 2010.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed amendment to the approved Development Order will not unreasonably
interfere with the achievement of the objectives of the adopted State Land Development
Plan applicable to the area.
B. The proposed amendment to the previously approved Development Order is consistent
with the Collier County Growth Management Plan and the land development
regulations adopted pursuant thereto.
C. The proposed amendment to the previously approved Development Order is consistent
with the State Comprehensive Plan.
D. The proposed amendment to the Development Order is not a substantial deviation from
Development Order No. 85-02, as amended.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order No. 85-2, as amended, shall remain in
full force and effect, binding in accordance with its terms on all parties thereto. This
amended Development Order shall take precedence over any of the applicable
provisions of previous development orders which are in conflict therewith.
B. Copies of this Development Order No. 06-01 (Resolution No.
) shall be
transmitted by Collier County immediately upon execution to the Department of
Community Affairs, and the Southwest Florida Regional Planning Council.
Words struck through are deleted; words underlined are added.
Page 3 of 4
8Fi
C. This Development Order shall take effect as provided by law.
This Resolution adopted after motion, second and majority vote.
-i~/
Done this p 1 "day of j/l"IJ rtl;tJ 1>;(2006.
· . (J
ATTEST:
DWIGHTE. BROCK, CLERK
'_,f\," ~:''''Irl':' .
,;~>}.~.~.. .... '''~ ~",J.\.
~~ '. .'
". .
"'l.l
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
': 1)
"-
:. ,", ',.:/, ,'Deputy Slerk
.,Attest '.~'toCh.1""" I
\'_~:..lJ.
"1 . t~" .,
BY:
~~-'
FRANK HALAS, CHAIRMAN
Approved as to Form
And Legal Sufficiency:
O1luA~~H'~ d?n.~ ~
Marjor(\t M. Student-StIflmg
Assistant County Attorney
DOA-2005-AR-8113/KD/sp
Item #
Br
Agenda d. - ~ ~
Date
Date 3-l-o~
Rec'd
'-1
Words struck through are deleted; words underlined are added.
Page 4 of 4
8F
LEGAL DESCRIPTION
VINEYARDS OF NAPLES
DOA-2005-AR-8113
section 5, Township 49 South, Range 26 East, Collier County,
Florida. Containing 727.7 acres, more or less.
...
J
section 8, Township 49 South, Range 26 East, coilier County,
Florida less and except Interstate Highway 1-75~right-of-way
Parcel 121. (O.R. Book 907 Pages 637-643). containing 642.7
acres, more or less.
A parcel of land located in section
Range 26 East, Collier County,
particularly described as follows:
6, Township 49 South,
Florida, ~being more
Begin at the northwest corner ot Section 6, Township 49 South,
Range 26 East, Collier County, Florida; thence run S 89055'5911
E, along the north line of the northwest 1/4 of said section
6 for a distance of 2644.09 feet to the north i/4 corner ot
said section 6; thence run S 89056'20" E, along the north line
of the northeast 1/4 of said Section 6 to the westerly right-
ot-way line of 1-75 (State Road No. 93) as the same is shown
on the State of Florida Department of Transportation right-ot-
way map for State Road No.9] (1-75) Collier County, Florida,
Section 0]175-240], sheet I, and a point on a circular curve
concave to the southwest, whose radius point bears S 80010 '18"
W a distance of 7477.44 feet therefrom; thence run southerly'
a long the arc of sa id curve to the r igh t, a nd a long sa id
westerly right-of-way line, having a radius of 7477.44 feet,
through a central angle of 09009'52", subtended by a chord of
1194.74 feet at a bearing of S 05014' ilG" E, for a distance of
119 6 . 0 1 feet to the end of said c lll- v e ; thence run S 00 0 J 9 I 50"
E, along said westerly right-of-udY line, for a distance of
lil57.77 feet to a point on the north line of Ridge Farms
LEGAL DESCRIPTION
Vineyards Of Naples
'DOA-2005-AR-8113
Page 1 of 3
SF "1
subdivision, an unrecorded subdivision; thence run N 89056'34"
W along the northerly line of the said Ridge Farms subdivision
for a distance of 923.13 feet to an existing concrete monument
marking the northwest corner of Tract 50 of the said Ridge
Farms SUbdivision; thence run S 02024'57" E along a westerly
line of said Ridge Farms subdivision to an existing concrete
monument; thence run S 01013'04" E along a westerly line of
said Ridge Farms subdivision for a distance of 137.19 feet to
an existing concrete monument; thence run N 89054134" W for a
distance of 3960.66 feet to a point on the west line of the
sputhwest 1/4 of said Section 6; thence run N 01013'58" W for
a distance of 137.58 feet to the west 1/4 corner of said
Section 6; thence run N 02022'41" h' along the west line of the
northeast 1/4 of said Section 6 for a distance of 3171.05 feet
to the point of beginning, containing 358.263 acres, more or
less;
AND
The north 1/2 of the northeast 1/4 of Section 1, Township 49
South, Range 25 East, Collier County, Florida, and the north
1/2 of the northwest 1/4 of Section 1, Township 49 South,
Range 25 East, Collier County, Florida, less the west 100.00
feet thereof, containing 196.696 acres, more 04 less;
J
AND
A parcel of land located in the south 1/2 of Section 6,
Township 49 South, Range 26 East, Collier County, Florida,
being more particularly described as follows:
Commence at the southwest corner of Section 6, Township 49
South, Range 26 Eastf Collier County, Florida; thence run N
01013'5811 W, along the west line of the southwest 1/4 of said
Section 6, for a distance of 1980.00 feet; thence run N
87035144" E for a distance of 2607.64 feet; thence run N
01013158" W, parallel with the west line of the southwest 1/4
of said Section 6, for a distance of 945.56 feet to a point on
the southerly line of that parcel of land located in said
Section 6 as the same is described in O.R. Book 1481 at Page
1852 of the Public Records of Collier County, Florida, said
parcel being shown on the Hole, Montes and Associates, Inc.
boundary and location survey, having drawing no. A-365, sheet
3, dated 10/26/89, and the point of beginning of the parcel of
land herein described; thence run S 89054'341' E along said
southerly line for a distance of 939.91 f-eet; thence run N
01017122" W for a distance of 2.21 feet; thence run N
89055'51" W for a distance of 939.90 feet; thence run S
01013'58" E for a distance of 1.87 feet to the point of
beginning, containing 1,917.4 square feet, more or less;
AND
LEGAL DESCRIPTION
Vineyards Of Naples
'DOA-2005-AR-8113
Page 2 of 3
. I
8F
^ portion of section 8, Township 49 South, Range 26 East,
Collier County, Florida, being more particularly described as
follows:
Commence at the southwest corner of section 8, Township 49
South, Range 26 East, Collier County, Florida; thence along
south line of said section 8 north 89034'44" east 1557.48
feet; thence north 00025'16" west 54.00 feet to the north
right-of-way line of pine Ridge Road (C896) and the point of
beginning of the parcel of land hereinafter described; thence
north 00025'16" west 125.40 feet to a point -on a non-
tangential curve; thence along a curve to the left having a
radius of 135.00 feet a central angle of 21044'22" an arc
length of 51.22 feet and a chord which bears north 79033'09"
west to a point of tangency; thence south 89034'44'1 west a
distance of 344.06 feet to a point of curve; thence along a
curve to the right having a radius of 470.20 feet a central
angle of 22011'05" an arc length of 182.06 feet and a chord
which bears north 79019'2211 west to a point of tangency;
thence north 68014' 11" west a distance of 225.30 feet to a
point of curve; thence along a curve to the right having a
radius of 465.00 feet a central angle of 5]017'19" an arc
length of 4]2.48 feet and a chord which bears north 41035'31"
west to a point of tangency; thence north 14056'52" west a
distance of 506.21 feet to a point of curve; t;1ence along a
curve to the right having a rad~us of 965.00 feet a central
angle of 15009'09" an arc length of 255.20 feet and a chord
which bears north 07022'18" west; thence north 89047'4]" west
a distance of 107.28 to the west right of way of_I-75; thence
south 14056'52" east a distance of 789.56 feet to a point of
curve; thence along a curve to the left having a radius of
1065.92 feet a central angle of 17006'58" an arc length of
318.42 feet and a chord which bears south 2]030'2111 east to a
point of compound curve; thence along a curve to the left
having a radius of 109.82 feet a central angle of 49015'16" an
arc length of 94.41 feet and a chord which bears south
56041'28" east to a point of tangency; thence south 81019'06"
east a distance of 10].44 feet to a point of curve; thence
along a curve to the right having a radius of 210.00 feet a
central angle of 7204] '24" an arc length of 266.54 feet and a
chord which bears south 44057'24" east; thence south 86030'04"
east a distance of 172.41 feet; thence north 89034'44" east a
distance of 472.50 feet to the point of beginning, and
containing 4.76 acres more or less.
LEGAL DESCRIPTION
Vineyards Of Naples
OOA-2005-AR-8113
Page 3 of 3
Dwight E. Brock
Clerk of Courts
'Cm!pty--~fC{)lJier
CLERK OF THE CIRCUIT COURT
'-. ...
COLLIER COUNTY qoURTPf,PUSE
3301 TAMIAMI TRAIL EA'ST
P.O. BOX 4 ~~044 \,
NAPLES, FLORIDA ~,4IOl-30~:4
....1 .
\'/ I
SF
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
.- :; :":'-~""
.2.
March 7, 2006
Mr. Daniel Trescott
DRI Coordinator
1926 Victoria Avenue
Ft. Myers, Florida 33901
Re: Resolution 2006-49/00 2006-01
The Vineyards of Naples
Dear Mr. Trescott:
Transmitted herewith is a certified copy of the above referenced document,
adopted by the Board of County Commissioners of Collier County, Florida,
on Tuesday, February 28, 2006.
Very truly yours,
DWIGHT E. BROCK, CLERK
~Q-~od~IJC
( ~eidi R. Rockhold,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@c1erk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'Coliiity-'ofG(l)lJier
CLERK OF T}n~'-GIRCUIT COURT
~. \
COLLIER COUNTY qoURTptOUSE
3301 TAMIAMI T~IL EA~T
. P.O. BOX 41-~044\
NAPLES, FLORIDA ;~,1101-3d44
".'1 "
i{' I
.~' ~':...
, SF
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
?:::t~<
c. (
...;~7
/
March 7, 2006
Mr. Bernard Piawah
Development of Regional Impact Section
State of Florida Dept. of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-2100
Re: Resolution 2006-49/DO 2006-01
The Vineyards of Naples
Dear Mr. Piawah:
Transmitted herewith is a certified copy of the above referenced document,
adopted by the Board of County Commissioners of Collier County, Florida,
on Tuesday, February 28, 2006.
Very truly yours,
D IGHT E. BROCK, CLERK
uofc' Q .000C-/~iJJe
eidi R. Rockhold,
Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.c1erk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@c1erk.collier.fl.us
DATE:
TO:
FROM:
RE:
MEMORANDUM
March 9, 2006
Kay Nell, CLA
County Attorney's Office
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
Resolution 2006-45
Resolution 2006-46
Enclosed please find one (I) copy of the documents, as referenced
above (Agenda Item #9A and #9B) approved by the Board of County
Commissioners on Tuesday, February 28, 2006.
If you should have any questions, you may contact me at 774-8411.
Thank you,
Enclosures
9A
9A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
. d r h h ' r # I h h #4 I h h kr d fi
exception of the Chairman's Signature, raw a me t rougr routmg mes t rougl , complete t e c ec 1st, an orward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONT ACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stall for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC oHice only alter the BCC has acted to approve the
item,)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Extension 8400
9A
Yes
(Initial)
N/A (Not
A licable)
~4S
Number of Original
Documents Attached
/-"
~
N/A
0:0
@
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
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 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 on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4,
5,
6.
9A
RESOLUTION NO. 2006-45
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA, TO REAPPOINT THOMAS E.
FINN TO THE BAYSHORE/ AVALON BEAUTIFICATION MSTU
ADVISORY COMMITTEE
WHEREAS, on December 16, 1997, the Board of County Commissioners adopted
Collier County Ordinance No. 97-82, establishing the BayshorejAvalon Beautification
Municipal Service Taxing Unit and creating the Bayshorej Avalon Beautification MSTU
Advisory Committee; and
WHEREAS, Collier County Ordinance No. 97-82 provides that the BayshorejAvalon
Beautification MSTU Advisory Committee shall consist of five (5) members; 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 recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Thomas E. Finn, resident, is
hereby reappointed to the BayshorejAvalon Beautification MSTU Advisory Committee
for a four year term, said term to commence March 3, 2010.
This Resolution adopted after motion, second and majority vote.
DATED: February 28, 2006
AlTEST' ,", ~~"";"'I
. 1', i: ~~.hLltl : '_, "',_
DWIGHT'~6;.SROC~~~I~k
,'".,..."....".., . 1... /
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
".. ... " .r~ .
, #,,"
-
At(fl~,u .,.,',iiJ~ $". ',JO;:' 'tijJi-aan' S
.1..~~.~T'J~'
~
By: ~.>~-""
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency:
~~.~
David C. Weigel
County Attorney
Item# ~
~~~;da ~ -26 ifp
DA TE:
TO:
FROM:
RE:
MEMORANDUM
March 9, 2006
Kay Nell, CLA
County Attorney's Office
Heidi R. Rockhold, Deputy Clerk
Minutes and Records
Resolution 2006-45
Resolution 2006-46
Enclosed please find one (1) copy of the documents, as referenced
above (Agenda Item #9A and #9B) approved by the Board of County
Commissioners on Tuesday, February 28, 2006.
If you should have any questions, you may contact me at 774-8411.
Thank you,
Enclosures
98
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed routing slip lmd original
documents are to be forwarded to the Board Oftice 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
98
exception of the Chainnan's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Fi Ison, need to contact staft' for additional or missing
infonnation. All original documents needing the BCC Chairman's signature are to be delivered to the acc otl1ce only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Extension 8400
9B
Yes
(Initial)
N/A (Not
A licable)
b
Number of Original
Documents Attached
~.
N/A
I: Formsl County Formsl BCC Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
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 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 document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2,
3.
4,
5.
6.
98
RESOLUTION NO. 2006-46
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA TO APPOINT JOSEPH L. DIllON
TO THE OCHOPEE FIRE CONTROL ADVISORY BOARD.
WHEREAS, Collier County Ordinance No. 75-6 created the Ochopee Fire District and
provides for the establishment of an advisory board; and
WHEREAS, Collier County Ordinance No. 89-98 confirmed the creation of the
Ochopee Fire District Advisory Board and provides that the advisory broad shall be
composed of five (5) members and such membership shall consist of one (1) member
from each of the designated areas; and
WHEREAS, there is currently a vacancy on this Board; and
WHEREAS, the Board of County Commissioners previously provided publiC notice
soliciting applications from interested parties; and
WHEREAS, the Board has provided the Board of County Commissioners with its
recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that Joseph L. Dillon is hereby appointed to the
Ochopee Fire Control Advisory Board for a two year term, said term to expire on
December 31, 2007.
This Resolution adopted after motion, second and unanimous vote.
DATED: February 28, 2006
y
ATTEST:."."',,
DWIGHT~':J~OC~ ~fk
, . ..' ....' .;~':,....;, ",
ot . ~ ...
*, .-. l,. ~~
. .,. .....
:<;:, (( O?
:D.Elputy Q rk'..., -, '.
:::~~::i~~~irUn' s
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Q-~/?
By: ~ ~.-/
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency:
~~
David C. Weigel
County Attorney
Item #
Agenda J _:J::] N^
Date CA l> W
ITEM NO.:
i-uP6fEl H@EcE,vEDl 0 F
\.~OUNTY ATTORNEY
01- ~c-OO~EB 16 PH 4:01
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: February 15, 2006
To: Office of the County Attorney
Attention: Rob9rt Zachary (!o 1/~rN Gt-rc:'t!!'Ne-
From: Rhonda Rembert, Contract Specialist ~
Purchasing Department, Extension 8941
Support Services Division
Re: Contract: 0$3583 "Professional CEI Services for Collier Boulevard
from Golden Gate to Immokalee Road", Project 65061
Contractor: Johnson Engineering, Inc.
Contract review and approval.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on February 14, 2006;
Agenda Item 1.0 (F).
This item has ~been previously submitted.
ACTION REQUESTED:
OTHER COMMENTS:
Robert, this is a standard contract with no changes. Pleas orward to
BCC for signature after approval. If there are any question concern! the
document, please contact me. Purchasing would appreciat notification hen
the documents exit your office. Thank you.
cc: Gary Putaansuu, TECM
~D<i
oy;.C \d-.o
\ :)\~~
.'
MEMORANDUM
lOF
D.4]t
F'. RECEIVED
fB 18
RIs. 2006
K. M~~j"
. "VYA,GE/tfE T
DATE:
Sheree Mediavilla
Risk Management Department
A
Rhonda Rembert, Contract Specialist ~~ /0
Purchasing Department ~ /' ~
February 15, 2006 D IJi
TO:
FROM:
RE:
t:;
v.
Review of Insurance for Contract: pe"-3583 "Professional CEI
Services for Collier Boulevard from Golden Gate Boulevard to
Immokalee Road"; Project 65061
Contractor: Johnson Engineering, Inc.
This Contract was approved by the BCC on February 14, 2006; Agenda Item
10(F).
Please review the Insurance Certificates for the above-referenced contract
behind the orange tab. If everything is acceptable, please forward to the
County Attorney for further review and approval. Also, will you advise me
when it has been forwarded. Thank you. If you have any questions, please
contact me at extension 8941 .
dod/RR
cc: Gary Putaansuu, TECM
MEMORANDUM
Date:
March 1, 2006
To:
Rhonda Rembert, Contract Specialist
Puchasing Department
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Contract #05-3583
"Professional CEI Services for Collier Boulevard
From Golden Gate to Immokalee Road, Project #65061
Contractor: Johnson Engineering, Inc.
Enclosed, please find three (3) original docuemnts as referenced above
(Agenda Item #10F), which was approved by the Board of County
Commisssioners on Tuesday, February 14,2006.
The Minutes and Records Department has kept an original document, and the
Finance Department will also be furnished an original document.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosures (3)
lOF
,""
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
lOF
1.
2.
3.
4.
Colleen M. Greene
Assistant County Attorney
03/01106
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Rhonda Rembert, Contract Specialist Phone Number 774-8941
Staff Contact
Agenda Date Item February 14, 2006 Agenda Item Number 10 (F)
was Approved by the
BCC
Type of Document Contract #05-3583 "Professional CEI Number of Original Five (5)
Attached Services for Collier Boulevard from Golden Documents Attached
Gate to Immokalee Road", Project 65061
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the CMG
document or the final negotiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's CMG
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip 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 Februarv 14.2006 (enter date) and all CMG
changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes, if applicable.
I: Forms! County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1.26,05, Revised 2.24.05
lOF
Contract 05-3583
"Professional CEI Services for Collier Boulevard from Golden Gate Boulevard to
Immokalee Road", Project 65061
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ~tiay of ~ hr'l",-, I~L 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 Johnson Engineering, Inc., authorized to do business in the State of
Florida, whose business address is 2158 Johnson Street, Fort Myers, Florida 33901-
1550 (hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional Construction,
Engineering and Inspection services of the CONSULTANT concerning Collier
Boulevard from Golden Gate Boulevard to Immokalee Road (hereinafter referred to
as the "Project"), said services being more fully described in Schedule A, "Scope of
Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those
services; and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
TPA#19536379
PSA
lOF
NOW, THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction,
Engineering and Inspection services in all phases of the Project to which this
Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in
the Scope of Services described in detail in Schedule A. The total compensation to be
paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and
Schedule B, "Basis of Compensation", which is attached hereto and incorporated
herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and
in Collier County, Florida, including, but not limited to, all licenses required by the
respective state boards and other governmental agencies responsible for regulating
and licensing the professional services to be provided and performed by the
CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder
relate to a professional service which, under Florida Statutes, requires a license,
certificate of authorization or other form of legal entitlement to practice such services, it
shall employ and/or retain only qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Ryan K. Bell, P.E., a qualified licensed professional
to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the
TPA#1953637.9
PSA
2
lOF
"Project Coordinator"). The Project Coordinator is authorized and responsible to act on
behalf of the CONSULTANT with respect to directing, coordinating and administering all
aspects of the services to be provided and performed under this Agreement. Further,
the Project Coordinator has full authority to bind and obligate the CONSULTANT on all
matters arising out of or relating to this Agreement. The CONSULTANT agrees that the
Project Coordinator shall devote whatever time is required to satisfactorily manage the
services to be provided and performed by the CONSULTANT hereunder. The Project
Coordinator shall not be removed by CONSULTANT from the Project without
OWNER'S prior written approval, and if so removed must be immediately replaced with
a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written
request from Owner to promptly remove and replace the Project Coordinator, or any
other personnel employed or retained by the CONSULTANT, or any subconsultants or
subcontractors or any personnel of any such subconsultants or subcontractors engaged
by the CONSULTANT to provide and perform services or work pursuant to the
requirements of this Agreement, said request may be made with or without cause. Any
personnel so removed must be immediately replaced with a person acceptable to
OWNER.
1.7, The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has
extensive experience with projects similar to the Project required hereunder. The
CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to
this Agreement shall be subject to the OWNER'S review and approval and shall be in
accordance with the generally accepted standards of professional practice in the State
of Florida, as well as in accordance with all applicable laws, statutes, ordinances,
codes, rules, regulations and requirements of any governmental agencies, including the
Florida Building Code where applicable, which regulate or have jurisdiction over the
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Project or the services to be provided and performed by CONSULTANT hereunder. In
the event of any conflicts in these requirements, the CONSULTANT shall notify the
OWNER of such conflict and utilize its best professional judgment to advise OWNER
regarding resolution of each such conflict. OWNER'S approval of the design
documents in no way relieves CONSULTANT of its obligation to deliver complete and
accurate documents necessary for successful construction of the Project.
lOF
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third
person, firm or organization, without OWNER'S prior written consent, or unless incident
to the proper performance of the CONSULTANT'S obligations hereunder, or in the
course of judicial or legislative proceedings where such information has been properly
subpoenaed, any non-public information concerning the services to be rendered by
CONSULTANT hereunder, and CONSULTANT shall require all of its employees,
agents, subconsultants and subcontractors to comply with the provisions of this
paragraph. CONSULTANT shall provide OWNER prompt written notice of any such
subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic
area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or
DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90).
The drawings should either reference specific established Survey Monumentation, such
as Certified Section Corners (Half or Quarter Sections are also acceptable), or when
implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by
OWNER. Information layers shall have common naming conventions (Le. right-of-way-
ROW, centerlines - Cl, edge-of-pavement - EOP, etc), and adhere to industry standard
CAD specifications.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through an Amendment to this Agreement,
CONSULTANT shall furnish or obtain from others Additional Services of the types listed
in Article Two herein. The agreed upon scope, compensation and schedule for
Additional Services shall be set forth in the Amendment authorizing those Additional
Services. With respect to the individuals with authority to authorize Additional Services
under this Agreement, such authority will be as established in OWNER'S Administrative
Procedures in effect at the time such services are authorized. These services will be
paid for by OWNER as indicated in Article Five and Schedule B. Except in an
emergency endangering life or property, any Additional Services must be approved in
writing via an Amendment to this Agreement prior to starting such services. OWNER
will not be responsible for the costs of Additional Services commenced without such
express prior written approval. Failure to obtain such prior written approval for
Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such
Additional Services and (ii) an admission by CONSULTANT that such Work is not
additional but rather a part of the Basic Services required of CONSULTANT hereunder.
If OWNER determines that a change in the Agreement is required because of the
action taken by CONSULTANT in response to an emergency, an Amendment shall be
issued to document the consequences of the changes or variations, provided that
CONSULTANT has delivered written notice to OWNER of the emergency within forty-
eight (48) hours from when CONSULTANT knew or should have known of its
occurrence. Failure to provide the forty-eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under this Agreement. The following services, if
not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
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2.1. Preparation of applications and supporting documents (except those already to
be furnished under this Agreement) for private or governmental grants, loans, bond
issues or advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or
character of the Project or its design including, but not limited to, changes in size,
complexity, OWNER'S schedule or character of construction; and revising studies,
reports, design documents or Contract Documents previously accepted by OWNER
when such revisions are required by changes in laws, rules, regulations, ordinances,
codes or orders enacted subsequent to and not reasonably anticipated prior to the
preparation of such studies, reports or documents, or are due to any other causes
beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations,
maintenance and overhead expenses; the preparation of feasibility studies, cash flow
and economic evaluations, rate schedules and appraisals; and evaluating processes
available for licensing and assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for
other than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of
CONSULTANT and directed by OWNER, other than visits to the Project site or
OWNER's office,
2.7 Preparation of operating, maintenance and staffing manuals, except as
otherwise provided for herein.
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2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any
litigation, or other legal or administrative proceeding, involving the Project (except for
assistance in consultations which are included as part of the Basic Services to be
provided herein).
2.9 Additional services rendered by CONSULTANT in connection with the Project,
not otherwise provided for in this Agreement or not customarily furnished in Collier
County as part of the Basic Services in accordance with generally accepted
professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement
(hereinafter referred to as the "Project Manager"). The Project Manager shall have
authority to transmit instructions, receive information, interpret and define OWNER'S
policies and decisions with respect to CONSULTANT'S services for the Project.
However, the Project Manager is not authorized to issue any verbal or written orders or
instructions to the CONSULTANT that would have the effect, or be interpreted to have
the effect, of modifying or changing in any way whatever:
(a) The scope of services to be provided and performed by the
CONSULTANT hereunder;
(b) The time the CONSULTANT is obligated to commence and complete
all such services; or
(c) The amount of compensation the OWNER is obligated or committed to
pay the CONSULTANT.
32. The Project Manager shall:
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(a) Review and make appropriate recommendations on all requests
submitted by the CONSULTANT for payment for services and work
provided and performed in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to
OWNER's requirements for the Project, including design objectives
and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings,
specifications, shop drawings, product literature, previous reports and
any other data relative to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to
enter the Project site to perform the services to be provided by
CONSULTANT under this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects
discovered by the OWNER with respect to the services to be rendered
by CONSULTANT hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to
the execution of this Agreement upon written Notice to Proceed from OWNER for all or
any designated portion of the Project and shall be performed and completed in
accordance with the Project Milestone Schedule attached hereto and made a part
hereof as Schedule C. Time is of the essence with respect to the performance of this
Agreement.
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4.2. Should CONSULTANT be obstructed or delayed in the prosecution or
completion of its services as a result of unforeseeable causes beyond the control of
CONSULTANT, and not due to its own fault or neglect, including but not restricted to
acts of nature or of public enemy, acts of government or of the OWNER, fires, floods,
epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify
OWNER in writing within five (5) working days after commencement of such delay,
stating the specific cause or causes thereof, or be deemed to have waived any right
which CONSULTANT may have had to request a time extension for that specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of CONSULTANT'S services from any cause whatsoever,
including those for which OWNER may be responsible in whole or in part, shall relieve
CONSULTANT of its duty to perform or give rise to any right to damages or additional
compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be
the right to seek an extension of time to its schedule 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 claims based on late completion. Provided, however, if through
no fault or neglect of CONSULTANT, the services to be provided hereunder have been
delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be
equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a
result of such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any
of the services to be provided hereunder in a timely manner, in addition to any other
rights or remedies available to the OWNER hereunder, the OWNER at its sole
discretion and option may withhold any and all payments due and owing to the
CONSULTANT until such time as the CONSULTANT resumes performance of its
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obligations hereunder in such a manner so as to reasonably establish to the OWNER's
satisfaction that the CONSULTANT'S performance is or will shortly be back on
schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to
continue performing Work under this Agreement or any payment issued by OWNER to
CONSULTANT be deemed a waiver of any right or claim OWNER may have against
CONSULTANT for delay or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER
for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule
8, entitled "Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents,
drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations,
reports and other technical data, other than working papers, prepared or developed by
or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall
specify whether the originals or copies of such Project Documents are to be delivered
by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated
with delivering to OWNER the Project Documents. CONSULTANT, at its own expense,
may retain copies of the Project Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring
OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER
a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use
on this Project. CONSULTANT warrants to OWNER that it has full right and authority
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to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of
the Project Documents to complete the Project following CONSULTANT'S termination
for any reason or to perform additions to or remodeling, replacement or renovations of
the Project. CONSULTANT also acknowledges OWNER may be making Project
Documents available for review and information to various third parties and hereby
consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which
concern or reflect its services hereunder. The records and documentation will be
retained by CONSULTANT for a minimum of five (5) years from (a) the date of
termination of this Agreement or (b) the date the Project is completed, whichever is
later, or such later date as may be required by law. OWNER, or any duly authorized
agents or representatives of OWNER, shall, free of charge, have the right to audit,
inspect and copy all such records and documentation as often as they deem necessary
during the period of this Agreement and during the five (5) year period noted above, or
such later date as may be required by law; provided, however, such activity shall be
conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify
and hold harmless OWNER, 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 CONSULTANT or anyone employed or utilized by the
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
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otherwise may be available to an indemnified party or person described In this
paragraph 8.1.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under
the Contract Documents, insurance of the types and in the amounts set forth in
SCHEDULE D to this Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do
business in the State of Florida.
9.3. All insurance policies required by this Agreement shall include the following
provisions and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation
policy, provided by CONSULTANT to meet the requirements of
this Agreement shall name Collier County, Florida, as an
additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests
provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no
recourse against OWNER for payment of premiums or
assessments for any deductibles which all are at the sole
responsibility and risk of CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER
applicable to this Project, and the "Other Insurance" provisions of
any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by OWNER
applicable to this Project.
9.3.4. The Certificates of Insurance, which are to be provided in the
form attached as Attachment I to Schedule D, must identify the
specific Project name, as well as the site location and address (if
any).
9.3.5. All insurance policies shall be fully performable in Collier County,
Florida, and shall be construed in accordance with the laws of the
State of Florida.
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. I
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9.3.6. All insurance policies to be provided by CONSULTANT pursuant
to the terms hereof must expressly state that the insurance
company will accept service of process in Collier County, Florida
and that the exclusive venue for any action concerning any matter
under those policies shall be in the appropriate state court
situated in Collier County, Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against
each other for damages covered by insurance to the extent insurance proceeds
are paid and received by OWNER, except such rights as they may have to the
proceeds of such insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance
policies required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by
the Department of Insurance of the State of Florida to transact
the appropriate insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S
own staff, unless otherwise authorized in writing by the OWNER. The employment of,
contract with, or use of the services of any other person or firm by CONSULTANT, as
independent consultant or otherwise, shall be subject to the prior written approval of the
OWNER. No provision of this Agreement shall, however, be construed as constituting
an agreement between the OWNER and any such other person or firm. Nor shall
anything in this Agreement be deemed to give any such party or any third party any
claim or right of action against the OWNER beyond such as may then otherwise exist
without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to
assign to the Project to perform the Services required hereunder. Such personnel shall
be committed to this Project in accordance with the percentages noted in Schedule F.
CONSULTANT also has identified each subconsultant and subcontractor it intends to
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utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors
identified in Schedule F shall not be removed or replaced without OWNER'S prior
written consent.
1 0.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require
each subconsultant or subcontractor, to the extent of the Services to be performed by
the subconsultant or subcontractor, to be bound to the CONSULTANT by terms this
Agreement, and to assume toward the CONSULTANT all the obligations and
responsibilities which the CONSULTANT, by this Agreement, assumes toward the
OWNER. Each subconsultant or subcontract agreement shall preserve and protect the
rights of the OWNER under this Agreement with respect to the Services to be
performed by the subconsultant or subcontractor so that the subconsulting or
subcontracting thereof will not prejudice such rights. Where appropriate, the
CONSULTANT shall require each subconsultant or subcontractor to enter into similar
agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party
beneficiary of each contract entered into between CONSULTANT and each
subconsultant or subcontractor, however nothing in this Agreement shall be construed
to create any contractual relationship between OWNER and any subconsultant or
subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they
are assignable to OWNER upon any termination of this Agreement.
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ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any
and all claims, except for insurance company subrogation claims, by it against OWNER
arising out of this Agreement or otherwise related to the Project, and except those
previously made in writing in accordance with the terms of this Agreement and identified
by CONSULTANT as unsettled at the time of the final payment. Neither the
acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to
be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such
default will be considered cause for OWNER to terminate this Agreement, in whole or in
part, as further set forth in this section, for any of the following reasons: (a)
CONSULTANT'S failure to begin services under the Agreement within the times
specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and
timely perform the services to be provided hereunder or as directed by OWNER, or (c)
the bankruptcy or insolvency or a general assignment for the benefit of creditors by
CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d)
CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of
conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions
of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days
written notice of the material default.
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12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1
above, it is determined for any reason that CONSULTANT was not in default, or that its
default was excusable, or that OWNER otherwise was not entitled to the remedy
against CONSULTANT provided for in paragraph 12.1, then the notice of termination
given pursuant to paragraph 12.1 shall be deemed to be the notice of termination
provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER
shall be the same as and be limited to those afforded CONSULTANT under paragraph
12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part,
without cause upon seven (7) calendar days written notice to CONSULTANT. In the
event of such termination for convenience, CONSULTANT'S recovery against OWNER
shall be limited to that portion of the fee earned through the date of termination,
together with any retainage withheld and any costs reasonably incurred by
CONSULTANT that are directly attributable to the termination, but CONSULTANT shall
not be entitled to any other or further recovery against OWNER, including, but not
limited to, anticipated fees or profits on work not required to be performed.
CONSULTANT must mitigate all such costs to the greatest extent reasonably possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to
the OWNER all original papers, records, documents, drawings, models, and other
material set forth and described in this Agreement, including those described in Section
6, that are in CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services
to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2)
calendar days prior written notice of such suspension. If all or any portion of the
services to be rendered hereunder are so suspended, the CONSULTANT'S sole and
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exclusive remedy shall be to seek an extension of time to its schedule in accordance 1 0 F
with the procedures set forth in Article Four herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT
within forty-five (45) days after such payment is due or such other time as required by
Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some
material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii)
OWNER has failed to cure such default within fourteen (14) days of receiving written
notice of same from CONSULTANT, then CONSULTANT may stop its performance
under this Agreement until such default is cured, after giving OWNER a second
fourteen (14) days written notice of CONSULTANT's intention to stop performance
under the Agreement. If the Services are so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons
performing portions of the Services under contract with the CONSULTANT, the
CONSULTANT may terminate this Agreement by giving written notice to OWNER of
CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its
default within fourteen (14) days after receipt of CONSULTANT'S written notice,
CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER,
terminate the Agreement and recover from the Owner payment for Services performed
through the termination date, but in no event shall CONSULTANT be entitled to
payment for Services not performed or any other damages from Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT,
to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide
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employee working solely for CONSULTANT, any fee, commission, percentage, gift or
any other consideration contingent upon or resulting from the award or making of this
Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate,
attached hereto and incorporated herein as Schedule E, certifying that wage rates and
other factual unit costs supporting the compensation for CONSULTANT'S services to
be provided under this Agreement are accurate, complete and current at the time of the
Agreement. The CONSULTANT agrees that the original Agreement price and any
additions thereto shall be adjusted to exclude any significant sums by which the
OWNER determines the Agreement price was increased due to inaccurate, incomplete,
or non-current wage rates and other factual unit costs. All such adjustments shall be
made within one (1) year following the end of this Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. 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.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either
party unless in writing and executed by the party or parties intended to be bound by it.
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ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by
fax, or by United States Postal Service Department, first class mail service, postage
prepaid, addressed to the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building G
3301 Tamiami Trail East
Naples, FI. 34112
Attention: Stephen Y. Carnell, Purchasing/General Services Director
Fax: 239-732-0844
16.2. All notices required or made pursuant to this Agreement to be given by the
OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand,
by fax or by the United States Postal Service Department, first class mail service,
postage prepaid, addressed to the following CONSULTANT'S address of record:
Johnson Engineering, Inc.
2158 Johnson Street, Fort Myers, FL 33901-1550
Telephone: 239-334-0046
Attn: Ryan K. Bell, P.E.
Fax: 239-334-3661
16.3. Either party may change its address of record by written notice to the other party
given in accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of
OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair
dealing.
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17.2. No modification, waiver, suspension or termination of the Agreement or of any
terms thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a
modification of the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in
this Agreement are for the purpose of convenience only and shall not be deemed to
expand, limit or change the provisions in such Articles, Schedules, Parts and
Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto,
constitutes the entire agreement between the parties hereto and shall supersede,
replace and nullify any and all prior agreements or understandings, written or oral,
relating to the matter set forth herein, and any such prior agreements or understanding
shall have no force or effect whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of
the parties shall survive the expiration or termination of this Agreement.
17.8 This Agreement may be simultaneously executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same
instrument.
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17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND
SUBCONTRACTORS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State
of Florida, and by such laws, rules and regulations of the United States as made
applicable to services funded by the United States government. Any suit or action
brought by either party to this Agreement against the other party relating to or arising
out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any
company or person, other than a bona fide employee working solely for CONSULTANT,
to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for CONSULTANT, any fee, commission, percentage, gift or
any other consideration contingent upon or resulting from the award or making of this
Agreement. At the time this Agreement is executed, CONSULTANT shall sign and
deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and
TPA#1953637,9
PSA 21
10F
attached hereto and made a part hereof as Schedule E. CONSULTANT'S
compensation shall be adjusted to exclude any sums by which OWNER determines the
compensation was increased due to inaccurate, incomplete, or noncurrent wage rates
and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has
been informed by OWNER of and is in compliance with the terms of Section
287.133(2)(a) of the Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may
not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property
to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business
with any public entity in excess of the threshold amount
provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted
vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation, The negotiation shall be attended by
representatives of CONSULTANT with full decision-making authority and by OWNER'S
staff person who would make the presentation of any settlement reached during
negotiations to OWNER for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
TPA#19536379 PSA 22
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making
authority and by OWNER'S staff person who would make the presentation of any
settlement reached at mediation to OWNER'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under section 44.102, Fla. Stat.
TPA#1953637.9
PSA
lOF
23
"
IN WITNESS WHEREOF, the parties hereto have executed this Professional
Services Agreement for Professional CEI Services for Collier Boulevard from
Golden Gate Boulevard to Immokalee Road the day and year first written above.
lOF
ATTEST:
COMMISSIQN~RS FOR
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BOARD OF COUNTY
COLLIER COUNTY, FLORIDA,
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At~ .'.1\tQ' €hi trun' s
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Approved as to form and
legal sufficiency:
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By: ~?:-;3~.--
FRANK HALAS, Chairman
Colleen M. Greene
Assistant County Attorney ey
1 .ll-_-
s .::hn~G
Steven K. Morrison, President
Typed Name and Title
Item #
\OF
Agenda d... -Ie ( f'II"
Date TYV
TPA#1953637.9
PSA
24
lOF
SCHEDULE A
SCOPE OF SERVICES
Construction, Engineering and Inspection (CEI) Services for Collier Boulevard from
Golden Gate Boulevard to Immokalee Road, Project No. 65061
1.0 PURPOSE A2
2.0 SCOPE A2
3.0 DEFINITIONS A2
4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT A3
5.0 ITEMS FURNISHED BY THE CONSULTANT A4
6.0 LIAISON A6
7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT A6
8.0 REQUIREMENTS A7
8.1 General A 7
8.2 Survey Control A 7
8.3 On-site Inspection A8
8.4 Testing A8
8.5 Management Engineering Services A9
8.6 Contractor's CPM Schedule A14
8.7 Constructability Review A 14
9.0 PERSONNEL A14
9.1 General Requirements A 14
9.2 Personnel Qualifications A15
9.3 Staffing A15
9.4 Licensing for Equipment Operation A15
10.0 SUBCONSULTANT SERVICES A15
11.0 OTHER SERVICES A16
12.0 POST CONSTRUCTION CLAIMS REVIEW A16
13.0 CONTRADICTIONS A16
14.0 LENGTH OF SERVICE A16
15.0 INVOICING INSTRUCTION A17
EXHIBIT "A-A" - MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR
CONSULTANT PERSONNEL A17
Al
SCOPE OF SERVICES
CONSTRUCTION ENGINEERING AND INSPECTION
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1.0 PURPOSE:
This scope of work describes and defines the services, which are required for construction engineering,
inspection, materials sampling and testing, and contract administration for the construction project
listed below.
2.0 SCOPE:
The CONSTULTANT shall be responsible for construction engineering and administrative functions
as defined in this Scope of Services and referenced manuals and procedures. The CONSULTANT
shall utilize effective control procedures, which will assure that the design and construction of the
project listed below is performed in reasonable conformity with the plans, specifications, and contract
provisions for such projects.
The project for which the services are required is:
COUNTY Project No: 65061
Description: Collier Boulevard from Golden Gate Boulevard to lrnrnokalee Road
County: Collier
The CONSULTANT shall provide technical and administrative personnel meeting the requirements set
forth in Section 9.0 of this Scope of Services in appropriate numbers at the proper times to ensure that
the responsibilities assigned under this Agreement are effectively carried out. All construction,
engineering, inspection and administration activities shall be performed in accordance with the
established standard procedures and practices of the Florida Department of Transportation. Prior to
furnishing any services, the CONSULTANT shall be familiar with those FDOT standard procedures
and practices and with the procedures and practices for construction, engineering, inspection and
contract administration used by Collier County Transportation Engineering and Construction
Management Department (T.E. & C.M.D.).
The Construction Project Manager will track the execution of the construction contract in order to
ensure that the CONSULTANT is given timely authorization to begin work. While no personnel shall
be assigned until written notification by the Construction Project Manager has been issued, the
CONSULTANT shall be ready to assign personnel within two weeks of notification. For the duration
of the project, the CONSULTANT shall coordinate closely with the Construction Project Manager and
Contractor to minimize rescheduling of CONSULTANT activities due to construction delays or
changes in scheduling of Contractor activities.
3.0 DEFINITIONS:
A. CONSULTANT Senior Proiect Engineer: The Engineer assigned by the CONSULTANT to
manage one or more Construction Projects. This person may supervise other CONSULTANT
employees and act as the lead Engineer for the CONSULTANT.
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B. CONSULTANT Project Engineer: The Engineer assigned by the CONSULTANT to manage this
project.
C. Construction Project Manager: The Collier County T.E. & C.M.D. employee assigned to manage
the Construction Engineering and Inspection Contracts. The Construction Project Manager will be in
responsible charge and direct control of the projects.
D. CONSULTANT: The Consulting firm under contract to Collier County for administration of
Construction Engineering and Inspection services.
E. Contractor: The individual, firm, or company contracting with Collier County T.E. & C.M.D. for
performance of work or furnishing of materials.
F. Contract: The written Agreement between Collier County and the Contractor setting forth the
obligations of the parties thereto, including but not limited to the performance of the work, furnishing
of labor and materials, and the basis of payment.
G. CONSULTANT Contract: The written Agreement between Collier County and the
CONSULTANT setting forth the obligations ofthe parties thereto, including but not limited to the
performance of the work, furnishing of services, and the basis of payment.
H. Engineer of Record: The Engineer noted on the Construction plans as the responsible person for
the design and preparation of the plans.
1. Community Liaison: The Collier County employee assigned to manage Public Information for the
Collier County T.E. & C.M.D.
J. OWNER: The Board of County Commissioners for Collier County, Florida, a political subdivision
of the State of Florida.
K. COUNTY: Collier County, a political subdivision of the State of Florida.
4.0 ITEMS TO BE FURNISHED BY COLLIER COUNTY TO CONSULTANT
The following items will be furnished by Collier County T.E. & C.M.D. on an as needed basis. The
CONSULTANT shall submit a request in writing for needed items to the Construction Project
Manager.
1. Contract documents for each project as follows:
5 sets Construction Plans - 11" x 17"
5 sets Special Provisions
1 copy Contract Form
All standard forms for use under the terms of this Agreement will be provided in hard copy at the Pre-
Services meeting and via electronic mail. The CONSULTANT shall utilize only Collier County forms
on the project.
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5.0 ITEMS FURNISHED BY THE CONSULTANT:
The COUNTY will require a satellite office for this project.. The office must have at a minimum the
following essential items to support the project:
Office space within a desired radius to the project for the duration of the project
Office telephone
Copier rental/lease
A. The CONSULTANT shall also furnish such other storage and parking space, as approved by the
Construction Project Manager, to effectively carry out their responsibilities under this Agreement. The
CONSULTANT shall provide the appropriate number of vehicles to accommodate their project
personnel.
Equipment supplied by the CONSULTANT shall consist of items determined by the Construction
Proj ect Manager to be essential in order to carry out the work under this Agreement. The
CONSULTANT will provide all survey equipment, testing equipment, photographic equipment, tapes,
rules, and any other items necessary.
B. All applicable FDOT documents shall be a condition of this Agreement. The documents normally
required by the CONSULTANT are listed below. The CONSULTANT shall review this list and
obtain those documents that are not in his possession as well as any other applicable document that
may be required that are not listed below. Most items can be purchased through the following address.
All others can be acquired through the District Office or on-line at www.dot.state.fl.us.
Florida Department of Transportation
Maps and Publication Sales
605 Suwannee Street, M.S. 12
Tallahassee, Florida 32399-0450
Telephone No. (904) 488-9220
Documents normally required by the CONSULTANT shall include, but are not limited to, the
following list of documents. The version to be used shall be in compliance with the project plans and
specifications.
Materials Directives: Directives convey certain FDOT practices and procedures relating to sampling
and testing of materials entering into construction project.
Materials Sampling, Testing, and Reporting Guide: This schedule sets out the method of acceptance
for minimum sampling frequency, sample size, responsibility for sampling, responsibility for testing,
test name, appropriate report form number, and sample identifications information for material to be
incorporated into construction project.
Qualified Products List of Approved Material Sources and
Subsequent Updates.
4. Each of the following estimate preparation aids provided by the FDOT:
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Field Standards for Final Estimates Manual
Basis of Estimate Manual
Sample Computations Manual
Final Estimate Preparation Short Course
5. Field Sampling and Testing Manual (FDOT & ASTM)
FDOT Standard Specifications for Road and Bridge Construction and Supplements (for all field
personnel).
7. FDOT Roadway and Traffic Design Standards (for all field
personnel).
8. FDOT Structures Standards.
9. Manual on Uniform Traffic Control Devices (MUTCD).
10. Utility Accommodation Guide (FDOT)
A list of FDOT Training Courses relating to Construction Engineering and Inspection.
C. Field Equipment
1. Includes those non-consumable, non-expendable items which are normally needed for a CEI
project, including but not limited to the following: vehicles, facsimile machines, calculators, tape
recorders/ transcribers, typewriters, computers, word processors, printers, cameras, camcorders,
communication equipment, toolboxes, fire extinguishers, first aid kits, flashers, hard hats, safety vests,
life vests (if applicable), level/rod, tripod, roll-a-meters, rain gear, shovels wheelbarrows, hammers,
portable water coolers, gauges, engineering scales, tape measures, drafting tools, slump cone, tamping
rod, nuclear density machine, measuring wheel, thermometer, flashlights, speedy moisture kits, and
turbidity meters.
2. Use-cost equipment described herein and expendable materials under this Agreement will remain
the property of the CONSULTANT and shall be removed at completion of the work. Vehicles and
hard hats shall have the name and phone number of the consulting firm visibly displayed.
The CONSULTANT shall retain responsibility for risk of loss or damage to said equipment during
performance of this Agreement.
CONSULTANT personnel using equipment furnished by them shall input all computer coding. The
CONSULTANT will also furnish computer services/software needed for project scheduling,
documentation, and control (PrimaveralSuretrak, Claim Digger, etc.).
Ownership and possession of computer equipment and related software, which is provided by the
CONSULTANT, shall remain at all times with the CONSULTANT. The CONSULTANT shall retain
responsibility for risk of loss or damage to said equipment during performance of this Agreement.
Field office equipment should be maintained and operational at all times.
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6.0 LIAISON:
The CONSULTANT shall be fully responsible for carrying out all functions assigned to it by this
Agreement on the construction projects. All activities and decisions of the CONSULTANT relating to
the projects shall be subject to review and approval by the Construction Project Manager.
The CONSULTANT shall provide coordination of all activities, correspondence, reports and other
communications related to its responsibilities under this Agreement necessary for the Construction
Project Manager to carry out his responsibilities.
In performing their duties, the CONSULTANT shall utilize the standard forms provided at the Pre-
Services meeting. The CONSULTANT shall utilize an Action Request form for all requests related to
CONSULTANT Contract/administrative issues. The Action Request form shall be submitted under
separate cover to Construction Project Manager with all accompanying required documentation
(Resumes, Certifications, etc.) to each. The content and format of the Action Request form shall be in
accordance with the instructions provided by the Collier County T.E. & C.M. D.
Construction engineering and inspection forces will be required of the CONSULTANT at all times
while the Contractor is working under the construction contract. If Contractor operations are
suspended, the CONSULTANT will reduce its staff appropriately.
In the event that the suspension of Contractor operations requires the removal of CONSULTANT
forces from the project, the CONSULTANT will be allowed ten (10) days maximum to demobilize,
relocate, or terminate such forces.
It shall be the CONSULTANT's responsibility to ensure that sufficient funds to complete services
under this Agreement remain in the CONSULTANT Contract at all times. In the event of construction
project delays or changes beyond the control of the CONSULTANT, which affect the terms of this
Agreement, the CONSULTANT shall submit a Supplemental Amendment Request to Collier County.
These requests will be submitted for County approval and execution prior to performing additional
work and prior to funds expiration, consistent with and in accordance with the Contract Status Report,
or other approved report for tracking CONSULTANT Contract funds. Supplemental Agreements
preparation, submission, and subsequent follow-up activities are the responsibility of the
CONSULTANT in accordance with Section 8.5 (29) and (30), Management Engineering Services.
7.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT:
During the term of this Agreement, the Construction Project Manager will review various phases of
CONSULTANT operations, such as construction inspection, materials sampling and testing, and
administrative activities, to determine compliance with this Agreement and to confirm that
construction work and administrative activities are performed in reasonable conformity with FDOT
and Collier County T.E. & C.M. policies, plans, specifications, and Contract provisions. The
CONSULTANT shall cooperate and assist the Construction Project Manager in conducting the
reviews. If deficiencies are indicated, the CONSULTANT shall implement remedial action
immediately in conformance with Collier County T.E. & C.M.D. recommendations. Collier County
T.E. & C.M.D. recommendations and CONSULTANT responses/actions are to be properly
documented by the Construction Project Manager. No additional compensation shall be allowed for
remedial action taken by the CONSULTANT to correct deficiencies. Remedial actions and required
response times may include, but are not necessarily limited to, the following:
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A. Further subdivided assigned inspection responsibilities, reassign inspection personnel, or assign
additional inspection personnel, within one week of notification.
B. Replace personnel whose performance has been determined by the Construction Project
Manager to be inadequate. Personnel whose performance has been determined to be unsatisfactory
shall be removed immediately.
C. Immediately increase the frequency of job control testing in phases of work that are the
CONSULTANT's responsibility.
D. Increase the scope and frequency of all training conducted by the CONSULTANT.
Additionally, Transportation, Engineering and Construction (TECM) personnel may make special
reviews of any project. The CONSULTANT shall fully cooperate with and assist in making such
reVIews.
8.0 REQUIREMENTS:
8.1 General:
It shall be the responsibility ofthe CONSULTANT to administer the Contract to assure that the project
is constructed in reasonable conformity with the plans, specifications, and Contract provisions.
The CONSULTANT shall observe the Contractor during various operations to ensure the materials
and methods used by the Contractor conform to the specifications of the Construction Contract, the
FDOT Standard Specifications for Road and Bridge Construction, and designated Notes on the plans.
No CONSULTANT under contract with Collier County to perform construction engineering and
inspection or material sampling and testing on a particular project shall subcontract with the Contractor
to perform Quality Control activities on the same construction project.
The CONSULTANT shall advise the Construction Proj ect Manager of any omissions, substitutions,
defects, and deficiencies noted in the work of the Contractor and the corrective action taken. Work
provided by the CONSULTANT shall not relieve the Contractor of responsibility for the satisfactory
performance of the Construction Contract.
8.2 Survey Control:
The CONSULTANT shall verify the existence and accuracy of location for all reference points and
baseline control points indicated on the plans. The CONSULTANT shall reestablish any missing or
disturbed control points as required to maintain the accuracy for survey control.
The CONSULTANT shall establish the survey control baseline(s) along with sufficient baseline
control points and benchmarks at appropriate intervals along the project for use by the CONSULTANT
in performing verification surveys of construction layout. The CONSULTANT shall:
1. Make and record measurements necessary to calculate and document quantities for pay items;
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2. Make and record preconstruction cross section surveys of the project site where earthwork (i.e.,
embankment, excavation, subsoil excavation, etc.) is part of the construction project.
3. Perform incidental engineering surveys necessary to carry out the services covered by this
Agreement and to verify and confirm the accuracy of the Contractor's survey layout work.
8.3 On-site Inspection:
The CONSULTANT shall monitor the Contractor's on-site construction operations and inspect
materials entering into the work as required to assure that the projects are completed in reasonable
conformity with the plans, specifications, and other Construction Contract provisions. The
CONSULTANT will monitor all off-site activities and fabrication. The Consultant shall keep detailed
accurate records of the Contractor's daily operations and of significant. events that affect the work.
The standard procedures and practices for inspection of construction projects are set out in the FDOT
Construction Manual. In general, the CONSULTANT shall perform in accordance with these standard
procedures and practices and with other accepted practices as appropriate and authorized by the
Construction Project Manager.
CONSULTANT employees responsible for Work Zone traffic control plan design, implementation,
inspection, and/or for supervising the selection, placement, or maintenance of traffic schemes and
devices in work zones shall be certified according to FDOT guidelines for Maintenance of Traffic
Training (Topic No. 625-010-010-a).
8.4 Testing:
The CONSULTANT shall perform, in conjunction with an independent, licensed laboratory, whose
selection has been approved in writing by the Construction Project Manager, hired by the
CONSULT ANT, sampling and testing of component materials and completed work items so that the
materials and workmanship incorporated in the project are in reasonable conformity with the plans
specifications and contract provisions. The minimum sampling frequencies set out in the Florida
Department of Transportation Materials Sampling, Testing and Reporting Guide shall be met. In
complying with the aforementioned guide, the CONSULTANT shall perform all on-site sampling of
materials and such testing of materials and completed work items that are normally done in the vicinity
ofthe project. Inspection and sampling of materials and components required at locations remote from
the vicinity of the project and testing of materials normally done in a laboratory remote from the
project site will also be included.
The CONSULTANT shall be specifically responsible for determining the acceptability of all materials
and completed work items on the basis of either test results or verification of a certification, certified
mill analysis, D.O.T. label, D.O.T. stamps, etc.
The Construction Project Manager will monitor the effectiveness of the CONSULTANT'S testing
procedures by obtaining and testing independent assurance samples. Independent assurance sampling
is necessary to verify compliance with the specification requirements. The CONSULTANT shall
notify the Construction Project Manager of schedules for sampling and testing as the work progresses
on the construction contract so that Progress and Final Record sampling can be accomplished at the
discretion of the County at the proper time.
AS
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The CONSULTANT shall also be responsible for the progress record sampling of reinforcing steel.
The CONSULTANT shall perform all necessary surveillance and inspection of the on-site hot-mix
asphalt operations. The CONSULTANT shall provide surveillance and acceptance sampling and
testing at any hot-mix asphalt plant providing mixes to a project under a Quality Assurance
Specification.
The CONSULTANT shall transport laboratory samples to the appropriate laboratory. The
CONSULTANT shall provide daily surveillance of the Contractor's Quality Control activities at the
project site in regard to concrete and perform acceptance sampling at the specified frequency.
Sampling, testing and laboratory methods shall be as required by the Florida Department of
Transportation's Standard Specifications or as modified by the contract provisions.
Documentation reports on sampling and testing shall be submitted to responsible parties during the
same week that the construction work is done or as otherwise directed by the Construction Project
Manager.
The CONSULTANT shall supply CTQP (Construction Training Qualification Program) qualified
technicians for concrete inspection.
The CONSULTANT shall supply CTQP qualified Asphalt Paving and Plant Technicians for asphalt
inspection.
The CONSULTANT shall supply CTQP qualified Earthwork Construction Inspection Technicians for
embankment, pipe backfill, subgrade, base and asphalt inspection.
8.5 Management Engineering Services:
The CONSULTANT shall perform all management-engineering services necessary to properly
coordinate the activities of all parties involved in completing the project. These include maintaining
complete, accurate records of all activities and events relating to the project; properly documenting all
significant project changes; interpreting plans, specifications, and Construction Contract provisions in
conjunction with the Engineer of Record; making recommendations to Construction Project Manager
to resolve Construction Contract disputes; and maintaining an adequate level of surveillance of
Contractor activities. The CONSULTANT shall also perform other management engineering services
normally assigned to a Project Engineer that are required to fulfill its responsibilities under this
Agreement. All recording and documentation will comply with standard FDOT and COLLIER
COUNTY procedures, formats, and content. Services include, but are not limited to, the following:
(1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre-service conference for
the project in accordance with FDOT Procedure 700-000-000-a.
At the pre-service meeting the CONSULTANT shall submit Action Request packages for
Personnel Approval for immediate staff needs and a copy/computer file of the final negotiated staffing.
The CONS UL T ANT shall record a complete and concise record of the proceedings of the meeting and
distribute copies of these minutes to the participants and other interested parties within seven (7) days
of the meeting date.
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(2) Prepare and submit to the Construction Project Manager for county approval, within thirty (30)
days after the pre-service meeting, a hard copy of the project specific CONSULTANT Contract
administration documents listed below. The CONSULTANT Contract administration documents,
which shall be routinely used by the CONSULTANT throughout the proj ect, shall be in the format and
content provided by Collier County T.E. & C. M. D.
The CONSULTANT Contract administration documents consist of but are not limited to the
documents listed below:
a. Action Request Form
CONSULTANT Authorization to Execute Work Orders
Letter of Transmittal Form
Request For Supplemental Services
Scope of Services Supplement No.
Contract Status Report, or other approved fund tracking report
CEI CONSULTANT Firm Estimated Staffing (completed in accordance with the original
CONSULTANT Contract agreement)
CEI CONSULTANT Fee Proposal
CEI CONSULTANT Data
(3) Schedule and conduct a preconstruction conference for the project in accordance with Article 8-3.5
of the FDOT Standard Specifications for Road and Bridge Construction. Record significant
information revealed and decisions made at this conference and distribute copies of these minutes to
the appropriate parties. The meeting shall also be electronically recorded and the CONSULTANT
shall maintain all tapes of the meeting for the duration of the Contract.
(4) Maintain on a daily basis a complete and accurate record of all activities and events relating to the
project and a record of all work completed by the Contractor, including quantities of pay items in
conformity with Final Estimates preparation procedures and specifications.
(5) Maintain a Project Diary in conformity with FDOT format.
(6) Maintain a log of all materials entering the work with proper indication of the basis of acceptance
of each shipment of material.
(7) Maintain records of all submittal dates and testing accomplished under Section 8.2 - 8.7 of this
Exhibit "A" and analyze such records required to ascertain acceptability of materials and completed
work items.
(8) Once each month, prepare a comprehensive tabulation of the quantity of each pay item
satisfactorily completed to date. Quantities shall be based on daily records or calculations.
Calculations shall be retained. The tabulation will be used for preparation of the Monthly Progress
Estimate.
(9) For interpretations of the plans, specifications, and Contract provisions, the CONSULTANT shall
consult with the Construction Project Manager when an interpretation involves complex issues or may
have an impact on the cost of performing the work. When warranted, the Construction Project
Manager may request an interpretation from the Engineer of Record. The Construction Project
Manager shall coordinate all requests for involvement of the Engineer of Record.
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(10) Analyze problems that arise on a project and proposals submitted by the Contractor and
prepare and submit a recomm~ndation to the Construction Project Manager.
(11) Analyze changes to the plans, specifications, or Construction Contract provisions and extra
work which appear to be necessary to carry out the intent of the Contract when it is determined that a
change or extra work is necessary and such work is within the scope and intent of the original
Construction Contract. Recommend such changes to the Construction Project Manager for approval.
(12) Manage the Contractor's CPM Schedule in accordance with the requirements outlined in
Section 8.6, Contractor's CPM Schedule.
(13) Analyze major problems that arise on the project and prepare a recommendation to the
Construction Project Manager.
(14) When it is determined that a modification to the original Contract for a project is required
due to a necessary change in the character of the work, negotiate prices with the Contractor and prepare
the required Work Order Directive and change order in accordance with applicable Collier County
procedures. The CONSULTANT shall provide an analysis of the cost and/or time adjustments
associated with the Work Order Directive.
(15) In the event that the Contractor gives either written or verbal notice that he deems certain
work to be performed is beyond the scope of the Contract and that he intends to claim additional
compensation, the CONSULTANT shall maintain accurate cost account records of such work. These
records shall include manpower and equipment times and materials installed (temporary or permanent)
in the portion of the work in dispute.
(16) In the event that the Contractor for a project submits a claim for additional compensation,
the CONSULTANT shall analyze the submittal and prepare a recommendation to Collier County
Project Manager covering validity and reasonableness of charges and conduct negotiations leading to
recommendations for settlement of the claim. Maintain complete, accurate force account and other
records of work involved in claims.
(17) In the event that the Contractor for a project submits a request for extension of the
allowable Contract time, analyze the request and prepare a recommendation to Construction Project
Manager covering accuracy of statements and the actual effect of delaying factors on completion of
controlling work items.
(18) Prepare the Final Estimate and submit to the Construction Project Manager, with backup
computations accompanying Computations Booklet in accordance with FDOT Field Standards for
Final Estimates Manual. This task must be completed within Twenty (20) calendar days after
conditional or final acceptance of a project by Collier County T.E. & C.M.D.
(19) Monitor each construction project to the extent necessary to determine whether construction
activities violate the requirements of any permits. For each project that requires the use of the NPDES
General Permit, supply at least one inspector who has successfully completed the "Florida Stormwater,
Erosion, and Sedimentation Control Training and Certification Program for Inspectors and
Contractors." Notify the Contractor of any violations or potential violations and require his immediate
resolution of the problem. Violations must be reported to the construction Project Manager
immediately.
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NPDES Erosion Control Inspection Requirements (if implemented by the Department of
Environmental Protection): Those facilities that have an NPDES Permit and which discharge storm
water from construction activities directly to waters of the United States which are listed on the EP A
approved 303( d) list for total suspended solids (TSS), or other indicators of solids transportation such
as turbidity, siltation, or sedimentation shall comply with the following:
a. The permittee shall monitor by grab sample by a Certified NPDES Inspector, during regular
working hours, once per month within the first 30 minutes of a qualifying event or within the first 30
minutes of the beginning of the discharge of a previously collected qualifying event for Settleable
Solids (mil), Total Suspended Solids (mg/l), Turbidity (NTUs), and flow (MGD).
b. Where the receiving water has flow upstream form the discharge, a background sample for
Settleable Solids, Total Suspended Solids, and Turbidity shall be taken in stream at mid depth and
immediately upstream form the influence of the discharge of storm water from the site.
c. The soil type and average slope of the drainage area for each outfall shall be reported with the
Discharge Monitoring Report submitted in accordance with section "e" (below).
d. A qualifying event for the purpose of this section is a rain event of 0.5 inches or greater in a 24-
hour period as determined by the project rain gauge.
e. Data collected in accordance with the above items shall be submitted to Environmental Protection
Agency, the Florida Department of Environmental Protection, Construction Project Manager and a
copy retained for the project file.
f. Collect, store, and transport the samples per NPDES Storm Water Sampling Guidance Document
(EPA 883-B-92-001).
g. Flow at the outfall should be estimated by Section 3.2.2 of the NPDES Storm Water Sampling
Guidance Document.
h. Within 48 hours of collection of samples, deliver the samples to a laboratory.
i. Shop drawing/sample submittals shall be coordinated and the status tracked as each progress
through review and approval. The CONSULTANT shall actively encourage all reviewers to
accomplish reviews promptly.
(20) Provide timely coordination between the Contractor and utility companies to assure that
conflicting utilities are removed, adjusted, or protected in place to minimize delays to construction.
Documentation will be maintained in accordance with FDOT procedures.
(21) The CONSULTANT Project Engineer will conduct a weekly meeting as required with the
respective Contractor, subcontractors, and/or utility companies to review plans, schedules, problems,
and other concerns. The Community Liaison shall attend these meetings. The CONSULTANT shall
record the results of the meeting in written minutes. The CONSULTANT shall distribute the meeting
minutes as directed by the Construction Project Manager. These meetings shall also be recorded
electronically and the CONSULTANT shall maintain the tapes for the duration of the Contract.
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(22) Conduct and document field reviews of the maintenance of traffic operation during and
after normal working hours and on weekends, nights, and holidays. Special concern shall be given to
pedestrian and bicycle access throughout the work.
(23) Perform survey work when required or requested by the Construction Project Manager.
(24) Produce reports; verify quantity calculations, and field measure for payment purposes as
needed to prevent delays in Contractor operations.
(25) With each monthly invoice submittal, the CONSULTANT Project Engineer will provide a
reviewed and approved Contract Status Report for the CONSULTANT Contract. This report will
supply the CONSULTANT Project Engineer's accounting of the additional Contract calendar days
allowed to date, an estimate of the additional Contract calendar days anticipated to be added to the
original Contract schedule time, an estimate of the Contract completion date, and an estimate ofthe
CONSULTANT funds expiration date per CONSULTANT Contract schedule for the prime
CONSULTANT and for each subconsultant.
(26) When the CONSULTANT identifies a condition that will require an Amendment to the
CONSULTANT Contract, the CONSULTANT will communicate the need to the Construction Project
Manager for an approval in concept. Once received, the CONSULTANT shall prepare and submit the
request and all accompanying documentation to the Construction Project Manager and for approval
and further processing. The CONSULTANT shall submit the amendment request prior to the
depletion of the CONSULTANT Contract funds (consistent with and in accordance with the Contract
Status Report) and shall allow Collier County adequate time to process, approve, and execute the
amendment. The content and format of the amendment request and accompanying documentation
shall be in accordance with the instructions and format for the Collier County T.E. & C.M.D.
(27) The CONSULTANT for the project shall be responsible for performing follow-up activities
to determine the status of each contract amendment submitted to the Construction Project Manager.
(28) The Construction Project Manager will normally perform a CONSULTANT CEI
PERFORMANCE EVALUATION at the completion of the project. The Construction Project
Manager will meet with the CONSULTANT, at the CONSULTANT's request, to discuss the
performance evaluation.
(29) Provide general public information services as required. Prepare "Road Alerts" for
Community Liaison's release concerning lane closures, traffic switchovers, detours, etc. Inquiries
from public officials and the news media shall be directed to the office of the Community Liaison for
coordination. Prepare newsletters for distribution to adjacent property owners as may be required. The
Construction Project Manager must approve, in conjunction with the Community Liaison, all
brochures, responses to news media, etc., prior to release.
(30)
Report.
Prepare and submit to the Construction Project Manager monthly, a Construction Status
(31) Video tapes the preconstruction conditions throughout the project limits. Provide a digital
photo log of project activities, with heavy emphasis on potential claim items/issues and on areas of
real/potential public controversy. The Consultant shall use a software system fully compatible with
Collier County Software to manage the digital picture album system.
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8.6 Contractor's CPM Schedule:
Initial CPM Review and Validation
The CONSULTANT shall analyze the Contractor's CPM Schedules for completeness and flow of
activities, assuring that this schedule meets the Contract documents. This overview will validate that
the schedule is functional, the information provided is reasonable, and the Contractor's plan for project
completion within the Contract time is reasonable.
The CONSULTANT shall provide the Contractor a written review that identifies any significant
omissions, improbable durations, or errors in logic and provide the Construction Project Manager with
recommendations pertinent to planning and scheduling the project work and completion ofthe project
within the allowed Contract time.
MontWy Progress Review
The CONSULTANT shall track Contractor actual progress against the baseline schedule and conduct a
monthly schedule update meeting with the Contractor. The CONSULTANT shall assure the
Contractor complies with all requirements for periodic schedule updates and review the updates within
15 days to determine their accuracy. The CONSULTANT shall review all schedule changes. The
CONSULTANT shall identify and document any future or existing problems and require the
Contractor to disclose in writing his plans for preventing or resolving these problems. The
CONSULTANT shall prepare and distribute minutes of the Monthly Progress Review meeting-to-
meeting attendees and other interested parties.
Contract Modifications
The CONSULTANT shall assure that Contract modifications are based in the latest approved schedule
and reflected in the next version of the Contractor schedule.
Planning
The CONSULTANT shall work with the Contractor to establish a two-week look ahead schedule
indicating expected Contractor work for discussion at the regular progress meetings. The anticipated
work activities will be reviewed with all affected utility companies. The CONSULTANT shall use
this schedule to establish whether or not the Contractor's near term plan will resolve or mitigate any
previously unanticipated conflict or issues.
8.7 As Built Plan
The CONSULTANT shall check and verify the accuracy of the Contractor's as-built construction plans
monthly by comparing it with the Contractor's daily logs.
9.0 PERSONNEL:
9.1 General Requirements:
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The CONSULTANT shall staff the project with the qualified personnel necessary to efficiently and
effectively carry out its responsibilities under this Agreement. Acceptable staffing of personnel to be
assigned to this project is outlined in Exhibit "A-A."
9.2 Personnel Qualifications:
The CONSULTANT shall utilize only competent personnel, qualified by experience and education.
The CONSULTANT shall submit in writing to the Construction Project Manager the names of
personnel proposed for assignment to the project, including a detailed resume for each with respect to
salary, education, and experience. Minimum qualifications for the CONSULTANT personnel are set
forth in Exhibit "A-A" to this Agreement. The CONSULTANT Action Request form for personnel
approval shall be submitted to the Construction Proiect Manager at least two weeks prior to the date an
individual is to report to work.
9.3 Staffing:
Once authorized, the CONSULTANT shall establish and maintain an appropriate staff through the
duration of construction and completion of the final estimate. Responsible personnel, thoroughly
familiar with all aspects of construction and final measurements of the various pay items, shall be
available to resolve disputed final pay quantities until the appropriate Contract has been paid off.
Proposed staff, including qualifications, must be submitted using Action Request forms provided by
Collier County. These will be previewed and preapproved by the Construction Project Manager.
Previously approved staff, whose performance is unsatisfactory, shall be replaced by the
CONSULT ANT within one week of Collier County notification. Personnel identified in the
CONSULTANT technical proposal are expected to be assigned as proposed and are committed to
performing services under this CONSULTANT Agreement. Personnel changes will require written
approval from Collier County.
As Contractor operations on a Contract diminish, the CONSULTANT shall appropriately reduce the
personnel it has assigned to that project. Construction engineering and inspection forces are required
of the CONSULTANT at all times while the Contractor is working on the Contract, but if Contractor
operations stop, the CONSULTANT shall reduce its forces accordingly. CONSULTANT personnel
adjustments recommended by the Construction Project Manager will be accomplished within one week
of notification. The CONSULTANT will be allowed a maximum often (10) days to demobilize,
relocated, or terminate its forces in the event conditions occur that require removing CONSULTANT
forces from the project.
9.4 Licensing for Equipment Operation:
The CONSULTANT will be responsible for obtaining proper licenses for equipment and for personnel
operating such equipment. CONSULTANTS operating nuclear surface moisture-density gauges on
Collier County projects are required to comply with Section X ofFDOT's revised "Manual for Safety
and Control of Equipment Containing Radioactive Materials" (a.k.a. Nuclear Manual).
10.0 SUBCONSULTANT SERVICES:
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The CONSULTANT may subcontract for engineering, inspection, materials testing, or specialized
professional services with prior written approval of the County. Ifrequired, the CONSULTANT shall
provide all geotechnical services for this proj ect.
11.0 OTHER SERVICES:
Upon written authorization by the Construction Project Manager, the CONSULTANT will perform
additional services in connection with the project not otherwise identified in this Agreement. The
following items are not included as part of this Agreement, but may be required by Collier COllllty T.E.
& C.M.D. to supplement the CONSULTANT services under this Agreement.
Assist in the timely preparation of all claims and necessary rebuttals with the organization of any and
all supporting documentation as needed or required by Collier County pursuant to the Collier County
Alternative Dispute Resolution Procedures.
Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with
the Contract.
Assist the County Attorney or his designee as directed in the preparation for Binding Arbitration and
Pre-Suit Mediation.
Provide on- and off-site inspection services in addition to those provided for in this Agreement.
12.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor for the project submits a claim for additional compensation and/or time
after the CONSULTANT has completed this Agreement, the CONSULTANT shall, at the written
request from Collier County, analyze the claim, prepare a recommendation to the Construction Project
Manager covering validity and reasonableness or charges, and/or assist in negotiations leading to
settlement of the claim. Compensation will be separately reimbursed by a Supplement to this
Agreement.
13.0 CONTRADICTIONS:
In the event of a contradiction between provisions of this Scope of Services and the CONSULTANT'S
proposal, the provisions of the Scope of Services shall override other considerations.
14.0 LENGTH OF SERVICE:
The CONSULTANT services for the Contract shall begin upon written notification to proceed by the
Construction Project Manager.
This notice to proceed will be issued anytime subsequent the award of a Contract at Collier County's
discretion. The length of services as herein established for Contract on the CONSULTANT beginning
work when notified and continuing to work until acceptance. For estimating purposes the
CONSULTANT will be allowed an accumulation of thirty- (30) working days to perform preliminary
administrative services prior to the issuance of the Contractor's notice to proceed on the first project to
begin and thirty- (30) calendar days subsequent final acceptance of the Contract to be completed.
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The anticipated letting schedules and construction times for the projects are tabulated below:
Construction Estimate
County Letting Date
Project No. (Mo/Day/Yr)
65061
Consultant Estimate
Start Date Duration Time Start Date Duration Time
(Mo/Day/Yr) (Days) (Mo/Day/Yr) (Days)
3/06 670 2/06 730
15.0 INVOICING INSTRUCTIONS:
Monthly invoices shall be submitted to Collier County in a format approved by Collier County, no
later than the 20th day ofthe month following the month being invoiced.
If the CONSULTANT cannot submit their monthly invoice on time, the CONSULTANT shall notify
Collier County, prior to the due date the reason for the delay and the planned submittal date. Once
submitted, the CONSULTANT shall notify the Construction Project Manager via E-Mail ofthe total
delay in calendar days and the reason(s) for the delay(s).
All invoices shall be submitted to Collier County in hard copy format.
EXHIBIT "A-A"
MINIMUM TRAINING AND EXPERIENCE STANDARDS FOR CONSULTANT
PERSONNEL*
Before the project begins, all project staff shall have posses all the knowledge, skills, and abilities
required in obtaining the necessary certifications for performing the duties of the position they hold.
The Senior Project Engineer and the Project Engineer shall ensure the FDOT's current practices,
policies, and procedures are met throughout the course of the project. Cross training of the
Consultant's project staff is highly recommended to ensure a knowledgeable and versatile project
inspection team, but shall not be at any additional cost to Collier County and should occur as work
load permits. Current FDOT certifications may be used until specified time limits as posted in the
Construction Training Qualifications Manual (CTQP) unless expiration occurs sooner. Visit the
FDOT Web page under training for current dates.
SENIOR PROJECT ENGINEER - A Civil Engineering degree plus registration by the Florida State
Board of Engineers Examiners as a Professional Engineer (or if registered in another state, the ability
to obtain registration in Florida within six months) and six (6) years of engineering experience (two (2)
years of which are in major road and bridge construction), or for non-degreed personnel the
aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in
major road or bridge construction. Qualifications include the ability to communicate effectively in
English (verbally and in writing). Direct a highly complex and specialized construction engineering
administration and inspection program. Plan and organize the work of subordinate and staff members.
Develop and/or review policies, methods, practices, and procedures; and review programs for
conformance with FDOT standards. Also must have the following:
Qualifications: None
Certifications: MOT Level II A TTSA or IMSA.
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A Master's Degree in Engineering may be substituted for two (2) years experience.
PROJECT ENGINNER - A Civil Engineering degree plus two (2) years engineering experience in
construction of major road or bridge structures, or eight (8) years of responsible and related
engineering experience (two (2) years of which involved construction of major road and bridge
structures). Receives general instructions regarding assignments and is expected to exercise initiative
and independent judgment in the solution of work problems. Directs and assigns specific tasks to
inspectors and assists in all phases of the construction project. Will be required to attend the Final
Estimate Preparation Seminar. Should have knowledge of FDOT Field Standards. Will be responsible
for the progress and final estimates throughout the construction project duration. Must have the
following:
Qualifications:
Asphalt Roadway Level II (will require Roadway Level I written exam)
Certifications:
MOT Level II A TTSA or IMSA
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SCHEDULE B
BASIS OF COMPENSATION
DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES
lOF
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as
part of its monthly invoice, a progress report reflecting the Project design and
construction status, in terms of the total work effort estimated to be required for the
completion of the Basic Services and any then-authorized Additional Services, as of the
last day of the subject monthly billing cycle. Among other things, the report shall show
all Service items and the percentage complete of each item.
B 1.1.1 All monthly status reports and invoices shall be mailed to the attention
of: Lynn Thorpe, Principal Project Manager
Transportation Engineering and Construction Management
Department
2885 South Horseshoe Drive
Naples, Florida 34104
(239) 774-8192, (239) 659-5771 fax
Lyn nthorpe@colliergov.net
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make
monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs
and Reimbursable Expenses in accordance with the terms stated below. Provided,
however, in no event shall such compensation exceed the amounts set forth in the table
below.
ITEM TASK NOT TO EXCEED
AMOUNT:
1. Management Enoineerino Services $ 488,056.00
2. Inspector Services $ 1,068,996.80
3. T estino Services $ 25,000.00
4. Survey Services $ 30,000.00
5. Reimbursable Expenses Split % with $ 51,740.00
Immokalee Road Proiect #60018
TOTAL FEE (Total Items 1-4) $ 1.663,792.80
8.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and
incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all
indirect payroll related costs and fringe benefits, all in accordance with and not in
excess of the rates set forth in the Attachment B to this Schedule B.
8.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed
time records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
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8.2.4 For Additional Services provided pursuant to Article 2 of the Agreement,
OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable
Expenses based on the services to be provided. The negotiated fee shall be based
upon the rates specified in Attachment B to this Schedule B and all Reimbursable
Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no
overtime pay on Basic Services or Additional Services without OWNER'S prior written
approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be
the total and complete amount payable to CONSULTANT for the Basic Services to be
performed under the provisions of this Agreement, and shall include the cost of all
materials, equipment, supplies and out-of-pocket expenses incurred in the performance
of all such services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending
resolution of the dispute provided that OWNER continues to pay to CONSULTANT all
amounts that OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for
under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of
Basic Services and Additional Services during the subject billing month.
Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no
more than one invoice per month for all fees and Reimbursable Expenses earned that
month for both Basic Services and Additional Services. Invoices shall be reasonably
substantiated, identify the services rendered and must be submitted in triplicate in a
form and manner required by Owner. Additionally, the number of the purchase order
granting approval for such services shall appear on all invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual
work done, no signature, etc.) shall be returned to CONSULTANT for correction.
Invoices shall be submitted on CONSULTANT'S letterhead and must include the
Purchase Order Number and the Project name and shall not be submitted more than
one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may
CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined
by multiplying the applicable not to exceed task limits set forth in the table in Section
2.1 by the percentage Owner has determined CONSULTANT has completed such task
as of that particular monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2
hereinabove and for reimbursable expenses will be made monthly upon presentation of
a detailed invoice with supporting documentation.
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8.3.5 Unless specific rates have been established in Attachment B, attached to this
Schedule B, CONSULTANT agrees that, with respect to any subconsultant or
subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT
shall be limited to a maximum markup of 5% on the fees and expenses associated with
such subconsultants and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must
comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged
without mark-up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with
respect to Project related trips, to the extent such trips are approved by OWNER. Such
expenses, if approved by OWNER, may include coach airfare, standard
accommodations and meals, all in accordance with section 112.061, F.S. Further, such
expenses, if approved by OWNER, may include mileage for trips that are from/to
destinations outside of Collier or Lee Counties. Such trips within Collier and Lee
Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
8.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved In writing by the
OWNER.
B.3.5.2 Should a conflict exist between the dollar amounts set forth in
Section 112.061, F.S., and the Agreement, the terms of the Agreement
shall prevail.
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SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
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Schedule of fees for Basic Services
Task 1. Management Engineering Services $488,056.00
. Construction coordination
. Complete record keeping of all activities and events
. Document all significant changes to the project
. Contract, plan, and specification interpretation
. Dispute resolution solutions (contractor and the public)
. Maintain required level of surveillance of contractors activities
. Prepare and document monthly pay requests
. Web site management and public relations
. Constructability Reviews
Task 2. Inspector Services $1,068,996.80
. Maintenance of Traffic
. Erosion, sedimentation and pollution control
. Embankment, base, and pavement structure
. Signing and marking plan conformance
Utility inspection personnel provided
Task 3. Testing Services $25,000.00
. Field Sampling and material testing
. Task 4. Survey Services $30,000.00
Horizontal and vertical control verifications pre-construction
and post-construction.
Task 5. Reimbursable Expenses Split % with Immokalee
Road Project #60018 $51,740.00
. Rent
. Phone/FaxlDSL Line
Electric
Cleaning Service
. Copier (Rental & Maint.)
Web site 0 eration
Total for Tasks 1 throu h 5 $1,663,792.80
. Due to the nature of a large construction project, while the
total dollar amount might remain the same, there may be
some fluctuation in the task categories calculations.
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SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Professional Fee
Sr. Project Manager $125.00/hr
Project Administrator $ 102.00/hr
Office Manager $ 48.00/hr
Senior Inspector (Regular Time) $ 77.50/hr
Senior Inspector (Premium Time) $ 90.94/hr
Inspector II (Regular Time) $ 60.00/hr
Inspector /I (Premium Time) $ 70.08/hr
Inspector /II (Regular Time) $ 64.00/hr
Inspector /II (Premium Time) $ 71.20/hr
Inspector IV (Regular Time) $ 68.00/hr
Inspector IV (Premium Time) $80.23/hr
3-Man Survey Crew $1000.00/day
END OF SCHEDULE B
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SCHEDULE C
PROJECT SCHEDULE
Time commences from the date of the Notice to
Proceed issued by the Project Manager
Task 1. Management Engineering Services
Construction coordination
Complete record keeping of all activities and events
Document all significant changes to the project
Contract, plan, and specification interpretation
Dispute resolution solutions (contractor and the public)
Maintain required level of surveillance of contractors
activities
Prepare and document monthly pay requests
Web site management and public relations
730 Days*
Task 2. Inspector Services
. Maintenance of Traffic
Erosion, sedimentation and pollution control
Embankment, base, and pavement structure
Signing and marking plan conformance
Utility inspection personnel provided
730 Days*
Task 3. Testing Services
. Field sampling and material testing
As Needed
Task 4. Survey Services
Horizontal and vertical control verifications pre-construction
and post-construction.
As Needed
Based on 24 month CEI contract @30.42 days
* (average)/month
END OF SCHEDULE C
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If CONSULTANT has any self-insured retentions or
deductibles under any of the below listed minimum required coverages, CONSULTANT
must identify on the Certificate of Insurance the nature and amount of such self-insured
retentions or deductibles and provide satisfactory evidence of financial responsibility for
such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than
the limits specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of
commencement of the services until the date of completion and acceptance of the
Project by the OWNER or as specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed
with the OWNER within ten (10) calendar days after Notice of Award is received by
CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place
the insurance coverages and limits required hereunder. In addition, certified, true and
exact copies of all insurance polices required shall be provided to OWNER, on a timely
basis, if requested by OWNER. Such certificates shall contain a provision that
coverages afforded under the policies will not be canceled or allowed to expire until at
least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT
shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of
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any notices of expiration, cancellation, non-renewal or material change in coverages or
limits received by CONSULTANT from its insurer, and nothing contained herein shall
relieve CONSULTANT of this requirement to provide notice. In the event of a reduction
in the aggregate limit of any policy to be provided by CONSULTANT hereunder,
CONSULTANT shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any
insurance or self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not
constitute approval or agreement by the OWNER that the insurance requirements have
been satisfied or that the insurance policy shown on the Certificate of Insurance is in
compliance with the requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and
maintain, until the completion of the subconsultant's services, insurance of the types
and to the limits specified in this Section except to the extent such insurance
requirements for the subconsultant are expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages
required herein, the OWNER may terminate the Agreement or at its sole discretion shall
be authorized to purchase such coverages and charge the CONSULTANT for such
coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs
within thirty (30) days after demand, OWNER has the right to offset these costs from
any amount due CONSULTANT under this Agreement or any other agreement between
OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase
such insurance, nor shall it be responsible for the coverages purchased or the
insurance company or companies used. The decision of the OWNER to purchase such
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insurance coverages shall in no way be construed to be a waiver of any of its rights
under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior
to the completion of the services required hereunder or termination of the Agreement,
the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement
Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of
their expiration. Failure of the Contractor to provide the OWNER with such renewal
certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may
terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X_ Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be
maintained by the CONSULTANT during the term of this Agreement for all employees
engaged in the work under this Agreement in accordance with the laws of the State of
Florida. The amounts of such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
x
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
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(2) The insurance company shall waive all claims rights against the OWNER and
the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
_ Applicable _X_ Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
_ Applicable _X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes _ No
(1) Commercial General Liability Insurance, written on an "occurrence" basis,
shall be maintained by the CONSULTANT. Coverage will include, but not be limited to,
Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this
Agreement, Independent Contractors, Broad Form Property Damage including
Completed Operations and Products and Completed Operations Coverage. Products
and Completed Operations coverage shall be maintained for a period of not less than
five (5) years following the completion and acceptance by the OWNER of the work
under this Agreement. Limits of Liability shall not be less than the following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ 50,000
_ General Aggregate
Products/Completed Operations Aggregate
$500,000
$500,000
D4
lOF
Personal and Advertising Injury
Each Occurrence
Fire Damage
$500,000
$500,000
$ 50,000
_X_General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the
policy shall be endorsed using the following endorsement wording. "This endorsement
modifies insurance provided under the following: Commercial General Liability
Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies
separately to each of your projects away from premises owned by or rented to you."
Applicable deductibles or self-insured retentions shall be the sole responsibility of
CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT
shall be subject to the approval of the Risk Management Director or his/her designee.
(3) The OWNER shall be named as an Additional Insured and the policy shall be
endorsed that such coverage shall be primary to any similar coverage carried by the
OWNER.
(4) Coverage shall be included for explosion, collapse or underground property
damage claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit
shown in subparagraph (1) above if applicable to the completion of the Services under
this Agreement.
_ Applicable _X_ Not Applicable
D5
lOF
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable
to the completion of the Services under this Agreement.
_ Applicable _X_ Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for
the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits
of not less than:
_X_ Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability,
Commercial General Liability, and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the
exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will
"drop down" to apply as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
D6
lOF
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to
insure its legal liability for claims arising out of the performance of professional services
under this Agreement. CONSULTANT waives its right of recover against OWNER as to
any claims under this insurance. Such insurance shall have limits of not less than:
_ $ 500,000 each claim and in the aggregate
~$1 ,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
_ $5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the
policy deductible be greater than $50,000 each claim. Deductibles in excess of that
amount shall require the prior written approval of the Risk Management Director or
his/her designee, at their discretion.
(3) The CONSULTANT shall continue this coverage for this Project for a period
of not less than five (5) years following completion and acceptance of the Project by the
OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward
during the term of this Agreement and for five years thereafter. CONSULTANT shall
promptly submit Certificates of Insurance providing for an unqualified written notice to
OWNER of any cancellation of coverage or reduction in limits, other than the application
of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER
by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non-renewal or material change in coverages or limits received by
CONSULTANT from its insurer. In the event of more than a twenty percent (20%)
reduction in the aggregate limit of any policy, CONSULTANT shall immediately take
D7
lOF:
steps to have the aggregate limit reinstated to the full extent permitted under such
policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) CONSULTANT shall purchase valuable papers and records coverage for plans,
specifications, drawings, reports, maps, books, blueprints, and other printed documents
in an amount sufficient to cover the cost of recreating or reconstructing valuable papers
or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will
be purchased, then CONSULTANT agrees to use its best efforts in cooperation with
OWNER and OWNER'S insurance representative, to pursue the maximum credit
available from the professional liability carrier for a reduction In the premium of
CONSULTANT'S professional liability policy. If no credit is available from
CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to
pursue the maximum credit available on the next renewal policy, if a renewal occurs
during the term of the project policy (and on any subsequent professional liability
policies that renew during the term of the project policy). CONSULTANT agrees that
any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of
OWNER for the provision of project-specific professional liability insurance policy in
consideration for a reduction in CONSULTANT'S self-insured retention and the risk of
uninsured or underinsured consultants.
(2) CONSULTANT agrees to provide the following information when requested by
OWNER or OWNER'S Project Manager:
D8
lOF
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if
the policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and
omissions application.
(3) If OWNER elects to purchase a project professional liability policy,
CONSULTANT to be insured will be notified and OWNER will provide professional
liability insurance, naming CONSULTANT and its professional subconsultants as
named insureds.
END OF SCHEDULE D
D9
OF
1
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Johnson Engineering, Inc. hereby certifies that wages, rates and other
factual unit costs supporting the compensation for the services of the CONSULTANT to be
provided under the Professional Services Agreement, concerning Professional CEI Services
for Collier Boulevard from Golden Gate Boulevard to Immokalee Road are accurate,
complete and current as of the time of contracting.
Johnson Engineering, Inc.
BY;- ~1,^- ~
Jr&ll de1!.
TITLE:
(frJ%
DATE:
TPA#1953637.9
PSA
E-l
SCHEDULE F
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
Commitment Project
Mark K. Beaverson, Senior Project Manager - 18.7% 5.9%
Roy Goodshall, Project Administrator - 100% 25.4%
Augie Caleffe, Senior Inspector - 100% 18.2%
Frank Vargas, Roadway Inspector 111- 100% 15.0%
Jeff Bailey, Utility Inspector IV - 100% 18.3%
TBD as needed, Utility Inspector II - 80% 11.3%
Adrian Lozano, Project Secretary - 50% 6.0%
TPA#1953637.9
PSA
lOF
F-l
AkOI1D",
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDfYYYY)
JOBHS-l 01 10 06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CJ!RTlRCATE DOES NOT AMEND, EXTEND OR
ALTER THE COVl;;RAGE AFFORDED BY THE POLICIES BELOW.
01/10/2006 11:57
2399393813
FIVE COUNTY INS
PRODUCER
Five county Insurance Agenoy
14120 Metropolis Avenue
Fort Mye~s FL 33912
Phone: 239-939-1400 Fax:239-939-3813
INSURERS AFFORDING COVERAGE
lfa:-an.cClot.in.n.t:.1 In.-CRA- [:AJI
...t.'1 r,b.'. !n. e.t! Hu:t~o:t:'4-eM'A
NAlCtI
20486
INSURED
INSU~E~ A;
IN5tIRIO"- B:
INSl,JRER C;
INSURER c:
INSURER E::
Transportation Ina.CHA-CAM
Continental Ca~ualty- /VOS
Ohio Casuait
20494
Johnson EDgineering Ine
PO Box 1550
FOrt Myers FL 33902
COVERAGES
THE POLICIES OF INSURANCE ~ISTED BeLOW HAVE BEEN ISSUED TO THe INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NQTWITHSTANDINI3
AI'N REQUIREMENT. TERM OR CONOITION OF Am CONTFtACT OR OTHER DOCUMeNT WITH RESPECT TO WHICH THIS CERT1FICATI: MAY BE ISSUED DR
MAY I"l:RTAIN, 'THE INSUI'lANOe: AFFORDED BY THF. POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALl. THE TERMS, EXCLUSIONS AND CONOITtONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCEO BY PAID CLAIMS.
t.TR NSR~ TYPE OF INSURANC~ POLICY NUM8ER DATe tMMIDDlYY1 DAT~ MMIODIYY\ UMITS
..!!,WEl'lAl. LIABILITY eACH OCCURRENCE $1,000,000
~ReMiS~s lEa ClCClJren~e\ .
A X .!.. ~IAMeRClAl GENERAL L1Ap,.ILITY TCPI0558281S6 09/15/05 09/15/06 $ 50,000
- ClAIMS MADE [!] OCCUR MEa EXP (Anyone person, S 5,000
-.!.. Contraotual Liab PERSONAL & AOY INJURY Sl,OOO,OOO
~ ~~, 000 Oed QENI:RAL AGGREGATE ~ 2,000,0.00
hL AGGREGAT"- LIMIT APPLIES peR; PRDDUCTS.COM~OPAGG 52,000,000
POLICY Jil- ~& n I.OC Em'P Ben. 1,000,000
AUTOMOIlILI; LI....BILITY COMBINED SINGLE LIMIT ~ 1,000,000
-
:a X ~ ANY AUTI) BUAl055828173 0.9/1.5/05 0.9/15/0fi lEe accldenl)
f---. ALL OWNt;O AUTOS BODILY INJUR....
SCHeOUlED AUTOS (I"l!lr P9t8on) $
~
~ HIRr;o AUTOs eoDIJ.Y INJURY
$
~ NON-OWNED AUTOS (Per acddlll'll)
..!... COMP; $500 - PROPERTY DAMAGE $
X COl.L: S500 (Per accident)
GAFlJIQE LIABILITY AUTO ONt Y - EA ACCIOENf $
~ ANY AUTO OTHI;R THAN eAACC $
AUTO ONLY: AGG $
EXCES9/UMBRELLA U"BIUty EACH OCCURReNCE $10,000,000
E I!J OCCUR D CLAIM$ MADE EUOO55326'3972 09/15/05 09/15/06 AGGREGATE $10,000,000
$
~ 08;lUCTIBLE $
X ReTENtiON no,OOO $
WORKI!!FlS eOMPENSATlON AND X ITOR'HtMrrS I lo~r-
EFl
C el4PLOYERS' LIABILITY WC25809S5QO 09/24/05 0~/24/0G E.I.. EACH ACCIOE:NT $1,000,000
ANY PROPFlIETORl~ARTNERlEXECUTtVE
OFFICERlMEMel;R tXCLUDED? I;.L. DISeASE - EA EMPLOYEE $1,000,000
~~I~~B~~V~?8NS below E.L. DISEASE. ~OLICY LIMIT Sl,OOO,OOO
OTH~R
0 Professional Liab AEAl14128986 07/23/05 07/23/06 Eaoh oce 10,000,000
~L ~~oaA~e c~~ Annual Acr 15,000,000
DESCRIIl'TION OF OP"M11ONS I LOCATIONS I VEHICLES J EXCLUSIONS ADDeD ElV ENOORSEMENT I SPECIAL PROVlSIONl:I
Collier County Board of County Commissioners is listed as Additional
Insured fox General Liability and AutQmobile Liability witA ~espect8 to ITN
06-3593 ~or Colli@r County, ~rof88sional eEl Services for Collier Boulevard
from Golden Gat8 to Immokalee Road. proj ect 6506'1
CERTIFICATE HOLDER
CANCEL.LATION
COLL330 $HOU~D ANY OF THE ABOVE DI!SCFtl9EO POLIOI!;$ iii!;; CAHCIRLI'!O Bl;FORe THE I!l(PIFtA,Tr(lN
OAT!; TtleREC~. THI; Il:IGUINQ INSURI!!Pl WILL ~NDEAVOR TO MAIL ~ DAVSWRITrEN
COLLIER COUNTY BOARD OF COUNrY NOTIOE TO THI! C~RTlFtcATE HOLDI!Ft N"MED TO Tf1E LE'FT. BUT FAILUl'lE TO DO SO SHALL
COMMISSIONERS IMPOSE NQ OBLIGATION OFt L1AllILlTY OF ANY KINO UPOPol THE INSURI!~. Fl'!.l AClf:NTS OR
3301 E 'I:',lUI:IAMI TRAIL
NAPLES Fl. 34112 RI!PFlI!!$El'liATIVES.
AU'I;/'JORI.te NTATrVV
".. ~ ~ ~~
ACORD 25 (2001/Qa)
@ACORDCOFl:PORATrON 1988
01/10/2005 11:57
2399393813
FIVE COUNTY INS
.ACfJRDm
CERTIFICATE OF LIABILITY INSURANCE
PRGDUC!R
OP ID A DATE (MIIWDIYYYY)
JOHNS-l 01 10 06
THIS CERTIFICATE IS ISSUED M A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICAT~ DOES NOT AMEND, EXTENO OR
ALTER THE COVERAGE AFFORDED BY THE POL.ICIES BELOW.
Five County Insurance Agency
14120 Metropolis Avenue
Fort Hye~s PL 33912
pho:rl@:239-939-1400 Fax:239-939-3813
INSUR!!D
INSURERS AFFORDING COVERAGE
NAtC#
20486
INSURERA~
'rraa.(!lO:l\l';!tI.:at..1. :ID...a....OJC
John$on Engineering Inc
PO Box 1550
Fort Myers FL 33902
COVERAGES
INSURER B; 11110 '1 pin In. e! J1....~o..4-C!IIA
INSURERC; Trans ortation InB .CRA-CAM
1N:3uRJ:RO: Cone1nental Casualty /voe
INSUReR. E: Ohio Casual t
20494
THE POLICies Or INSUF/J\NCe ltSTED BELOW HAVE BEEN ISSUED to ~E INSUREO NAMED ABOve FOR THE POLICY peRIOD INOIOATED. NOTWITHSTAiIlOING
ANY REOUIREMENT, i!:RM OR CONOITION OF IINY CONTRACT OR OTHER DOCUIl.l1N'1' WITH RESPECT TO WHICH THIS CERTIPICATE MAy BE ISSUED OR
MAY PERTAIN, THE INSURANce AFFORDED EW THe POLlCIE;S OF-SCRIBED ~i:RE;IN IS SUBJECT TO AI.~ THE TEi!'!MS, EXC/..USIONS AND CONDITION.S OF SUCH
POLICIES, AGGREGATi: LIMITS SHOWN MAV HAVE BE!:N IlEDUCED BY PAIl) Ct.AIMS.
~tR NSiu: TYPe OF INSURANce POLICY NUMBER OAfIl tMM1DDJYYI bAtE MMItl~ ~rMIT9
~EFlAL L1ABI~lty i:ACH OCCURRENCE': $1,000.000
A X ~ COMMERCIA~ GeNERAL LIABILITY TCP1055828156 09/15/05 09/15/06 . PREMiS~s rea oeourol"oe) $ 50.000
tJ CLAIMS MADE [!] OCCU!'! MEO i:XP (Anyone person) $ 5,000
-
-.!... Contractual Liab PERSONAL. & AOV INJURY S 1.000,000
X $5,000 Ded GENERAL AGGREGATe $2,000,000
Gi:N'l. AGGREGATE 1.IMlT APnS PE~: PRoDUCTS. OOMPIOP AGG $2,000,000
h POLICY fil fGg: lOC Ern>> Ben. 1.000.000
~TO!olOlilrLf! LWlIUty COMBINED SINGl,e LIMIT Sl.000.000
B X ~ AI'ff AUTO BOA1055828173 Og/15/0S 09/15/06 (Ea 8oeldonl)
-,
- ALL OWN!:D AUTOS BOOIL Y INJURY
$
SCH!:DULED AUTOS (Per person)
- - .,-
~ HIRED AUTOS BODILY INJURY
$
~ NON.OWNEb AUTOS (Per ~edd"nt)
]I; COMP ; $500 PROpeRTY DAMAGE
$
X COLL;$SOO (P<o, _'dent)
GARAG~.lIAt1ILrTY AUTO ONLy - EA ACCIDENT S
RAN'/' AUTO OTHER T~AN EA Ace $
AUTO ONI,V; AGG $
~EiSSlUMBRE~LA LIABilITy EACH OCCURR!!iNCe $10,000,000
E X OCCUR 0 CLAIMS MADE Et100553263~72 09/15/05 09/15/06 AGGRIl:GATE $10,000,000
$
~ DEDUCTIB~E $
X RETENTION $10.000 $
WORKEiRS COMPEMSATION AND X I TORY LI MITS I I<'!~~-
C EMPLOYERS' LIA81l1'1'Y WC25809S500 09/24/05 09/24/06 $1.000,000
ANY PROPRIETOI'l/1'ARTNERJI;XEClJTlVE E.L. ElICH ACC1Ol":NT
O~~ICERIMEMBEl'llixCLUDED? E.~. OISEASE - EA EMP~OveE: $1.000,000
gfEM!'~~~JI~?~s below ..,I., DISEASE - POI,ICY L1I11IT $1,000.000
OTHER
D Professional Liab All:All412B986 07/23/05 07/23/06 Each occ 10,000.000
J"lILr,. PIlZOIl AC%S c:ovmu.all Annual Acr 15,000.000
Dl!(SCRIPtION O~ OPERATIONS f I.OCATIONS I \I1:HICLE;S I !:XCLUGIONS ADD!D BY ENCOI'ISEMEi'fr , S1'I!CIAI. PROVISIONS
Collier Couuty Board of County Commissioners ip lieted as Additional
Insur@d for General Liability and Automobile Liability with reB~@cts to ITN
06~358J for Collier County, Professional CEl Services for Collier Boulevard
from Golden Gate to Immoka188 ~oad. Project 65061
CERTIFICATE HOLDER
CANCELLATION
COLr.330
SHOULD ANY 01' 1'He ABOVE OEaCl'Ill'Il!D POwerES Ill! CAN(;"'LL"D BI!.I'ORE;"tHE EXPIAAflON
DATe T11ERI!:OF. THE ISSUING IHSURl;R WILL eNDeAVOR TO MAIL !L. DAYS WF\m'eoN
NQTIC" TO TH!O CERTrflICATE; liOLDER NAME;o ,0 THI! U!I"T, ~UT f'AILUIlE; ,.0 DO SO SHALL
IMPOSE! NO OElLIGA.TlON Oil ~IABILITY OF ANY KIND UPON THE INSUIlER,I,S AGeNTS OF!
RE;P'RE"SENT A TIVES.
AIJ III R
COLLIE~ COUN~ SOARP OF COUNTY
COMXISSl;ONERB
3301 E TAMI~I TRAIL
]fAPLEB PL 34112
ACORD 25 (2001108)
@ACORD CORPORATION 1988
ORIGINAL DOCUMENTS CHECKLIST & ROUTING S~IPl 0 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 documcnts should he hand dclivcrcd to the Board Office. The completed routing slip and original
docllments are to he forwarded to the Board OClice only after the Board has taken action onlhc Itcm.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and!or information needed. If the document is already complete with the
exce tiOl~ of the Chairman's si nature, draw a line throu h routin lines # I throu h #4, com lete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
2.
3.
4. Colleen M. Greene,
Assistant Count Attorne
5. Sue Filson, Executive Mana
6. Minutes and Records
County Attorney Office
CMG
03/16/06
Board of Count Commissioners
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Rhonda Rembert, Contract Specialist Phone Number 774-8941
Contact
Agenda Date Item was February 28,2006 Agenda Item Number 10 (F)
Approved by the BCC
Type of Document Contract 06-3919 "Professional Surveying Number of Original Five (5)
Attached & Related Services for Randall Blvd from Documents Attached
Immokalee Rd to DeSoto Blvd." Project
#60065 Contractor: AIM Engineering &
Surveving, Inc.
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final 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 BCC on Februarv 28. 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 Iicable.
Yes
(Initial
CMG
2.
3.
4.
5.
6.
CMG
CMG
CMG
CMG
CMG
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
fro.
r ~.10F
MEMORANDUM
Date:
March 16, 2006
To:
Rhonda Rembert, Contract Specialist
Puchasing Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Contract #06-3919
"Professional Surveying & Related Services for Randall
Blvd. from Immokalee Rd. To DeSoto Blvd. Project #60065
Contractor: AIM Engineering & Surveying, Inc.
Enclosed, please find three (3) original docuemnts as referenced above
(Agenda Item #10F), which was approved by the Board of County
Commisssioners on Tuesday, February 28, 2006.
The Minutes and Records Department has kept an original document, and the
Finance Department will also be furnished an original document.
If you should have any questions, please contact me at 774-8406
Thank you.
Enclosures (3)
ITEM NO.:
DATE RECEIVE). 0 F
,:;r:Ct: Ur I Ht
\,XlUNTY ATT()R~JEY
FILE NO.:
ROUTED TO:
Ob- f,fc- Oaf-Ita
2006 Ht\R 10 PH~: 06
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
\ \4) O(o.--rL
31 ct~-
~\G . f5
if
Date: March 7,2006
To:
Office of the County Attornel
Attention: Rol3ort ZIilCh::u:y C6 \ \l..t...-t' ~(L.
From:
Rhonda Rembert, Contract Specialist
Purchasing Department, Extension 8941
Support Services Division
Re:
Contract: 06-3919 "Professional Surveying & Related Services for
Randall Blvd. from Immokalee Rd. to DeSoto Blvd.", Project #60065
Contractor: AIM Engineering & Surveying, Inc.
I
oJ.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on February 28, 2006;
Agenda Item 10 (F).
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
cc: Mike Greene, TECM
lOF
FROM:
MEMORANDUM ~
Sheree Mediavilla D ~ /\ 0 )JV
Risk Management Department ~
Rhonda Rembert, Contract speciaIiS"'P ~ ~"-
Purchasing Department ~vrF~-
TO:
DATE:
March 7, 2006
RE:
Review of Insurance for Contract: 06-3919 "Professional
Surveying & Related Services for Randall Boulevard from
Immokalee Road to DeSoto Boulevard", Project #60065
Contractor: AIM Engineering & Surveying, Inc.
This Contract was approved by the BCC on February 28, 2006; Agenda Item
10(F).
Please review the Insurance Certificates for the above-referenced contract
behind the orange tab. If everything is acceptable, please forward to the
County Attorney for further review and approval. Also, will you advise me
when it has been forwarded. Thank you. If you have any questions, please
contact me at extension 8941 .
DATE RECEIVED
MAR - 8 2006
RISK MANAGEMENT
dod/RR
cc: Mike Greene, TECM
lOF
Contract 06-3919
"Professional Surveying & Related Services for Randall Boulevard
From Immokalee Road to Desoto Blvd", Project #60065
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ~ day of "Fe.\0ru.c..r-u
)
200~, 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 AIM Engineering & Surveying, Inc., authorized to do business in the State of
Florida, whose business address is 5300 Lee Boulevard, Lehigh Acres, Florida 33970-1236
(hereinafter referred to as the "CONSULTANT").
WIT N E SSE T H:
WHEREAS, the OWNER desires to obtain the professional surveying and related
services of the CONSULTANT concerning Randall Boulevard from Immokalee Road to
Desoto Boulevard (hereinafter referred to as the "Project"), said services being more fully
described in Schedule A, "Scope of Services", which is attached hereto and incorporated
herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise In the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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PSA
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
lOF
1.1. CONSULTANT shall provide to OWNER professional Surveying and related services in
all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Bob L. Potter. PSM., a qualified licensed professional to
serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
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the CONSULTANT hereunder.
The Project Coordinator shall not be r~mold Qf
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject
to the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies, including the Florida Building Code where applicable, which regulate or
have jurisdiction over the Project or the services to be provided and performed by
CONSULTANT hereunder. In the event of any conflicts in these requirements, the
CONSULTANT shall notify the OWNER of such conflict and utilize its best professional
judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of
the design documents in no way relieves CONSULTANT of its obligation to deliver complete
and accurate documents necessary for successful construction of the Project.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
TPA# 1953637.9 PSA 3
lOF
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall
have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-
pavement - EOP, etc) , and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through an Amendment to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth
in the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Administrative Procedures in effect at the time such services are
authorized. These services will be paid for by OWNER as indicated in Article Five and
Schedule B. Except in an emergency endangering life or property, any Additional Services
must be approved in writing via an Amendment to this Agreement prior to starting such
services. OWNER will not be responsible for the costs of Additional Services commenced
without such express prior written approval. Failure to obtain such prior written approval for
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Additional Services will be deemed: (I) a waiver of any claim by CONSUL ~Qisuch
Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but
rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER
determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are
due to any other causes beyond CONSULTANT'S control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
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5
evaluations, rate schedules and appraisals; and evaluating processes available fliQ~g
and assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT
and directed by OWNER, other than visits to the Project site or OWNER's office.
2.7. Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any
litigation, or other legal or administrative proceeding, involving the Project (except for assistance
in consultations which are included as part of the Basic Services to be provided herein).
2.9. Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part
of the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendE~red under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
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6
lOF
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay
the CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to
OWNER's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under
this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
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7
4.1. Services to be rendered by CONSULTANT shall be commenced SUbSeqUent!o QF
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule 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 claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
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4.4
Should the CONSULTANT tail to commence, provide, perform or complete anylt Q F
services to be provided hereunder in a timely manner, in addition to any other rights or
remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may
withhold any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT
be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay
or any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other
technical data, other than working papers, prepared or developed by or for CONSULTANT
under this Agreement ("Project Documents"). OWNER shall specify whether the originals or
copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall
be solely responsible for all costs associated with delivering to OWNER the Project Documents.
CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and
internal use.
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9
6.2. Notwithstanding anything in this Agreement to the contrary and without requilg 0 F
OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a
nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this
Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this
license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project
Documents to complete the Project following CONSULTANT'S termination for any reason or to
perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT
also acknowledges OWNER may be making Project Documents available for review and
information to various third parties and hereby consents to such use by OWN ER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7. 1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as
may be required by law. OWNER, or any duly authorized agents or representatives of
OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and
during the five (5) year period noted above, or such later date as may be required by law;
provided, however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, 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
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
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any other rights or remedies which otherwise may be available to an indemnified paJ 00 F
person described in this paragraph 8.1.
ARTICLE NINE
INSURANCE
9. 1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy,
Professional Liability policy, and the Workers Compensation policy,
provided by CONSULTANT to meet the requirements of this Agreement
shall name Collier County, Florida, as an additional insured as to the
operations of CONSULTANT under this Agreement and shall contain a
severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse
against OWNER for payment of premiums or assessments for any
deductibles which all are at the sole responsibility and risk of
CONSULTANT.
9.3.3. All insurance coverages of CONSULTANT shall be primary to any
insurance or self-insurance program carried by OWNER applicable to this
Project, and the "Other Insurance" provisions of any policies obtained by
CONSULTANT shall not apply to any insurance or self-insurance program
carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance, which are to be provided in the form
attached as Attachment I to Schedule D, must identify the specific Project
name, as well as the site location and address (if any).
9.3.5. All insurance policies shall be fully performable in Collier County, Florida,
and shall be construed in accordance with the laws of the State of Florida.
9.3.6. All insurance policies to be provided by CONSULTANT pursuant to the
terms hereof must expressly state that the insurance company will accept
service of process in Collier County, Florida and that the exclusive venue
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] ]
for any action concerning any matter under those policies shall be ilthO F
appropriate state court situated in Collier County, Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and
received by OWNER, except such rights as they may have to the proceeds of such
insurance held by any of them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the
Department of Insurance of the State of Florida to transact the
appropriate insurance business in the State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial
rating of "Class VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
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lOF
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by terms this Agreement,
and to assume toward the CONSULTANT all the obligations and responsibilities which the
CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or
subcontract agreement shall preserve and protect the rights of the OWNER under this
Agreement with respect to the Services to be performed by the subconsultant or subcontractor
so that the subconsulting or subcontracting thereof will not prejudice such rights. Where
appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into
similar agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor
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]3
payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights ,cQtF
CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate
this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days
written notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
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and any costs reasonably incurred by CONSULTANT that are directly attributable 1 to F
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
TPA# 1953637.9 PSA 15
terminate this Agreement. If OWNER does not cure its default within fourteen (14) d1. Qf
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. 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
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required hereunder.
CONSULTANT further represents that no persons having al0f
interest shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed
to the following OWNER'S address of record:
Board of County Commissioners,
Collier County Florida
Purchasing Department, Building G
3301 Tamiami Trail East
Naples, FL 34112
Attention: Stephen Y. Carnell. Director of Purchasinq
Fax: 239-732-0844
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed
to the following CONSULTANT'S address of record:
AIM Engineering and Surveying, Inc.
5300 Lee Boulevard
Lehigh Acres, Florida 33970-1235
Telephone: 239-332-4569
Fax: 239-332-8734
Attn: Bob L. Potter, PSM
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
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ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto,
constitutes the entire agreement between the parties hereto and shall supersede, replace and
nullify any and all prior agreements or understandings, written or oral, relating to the matter set
forth herein, and any such prior agreements or understanding shall have no force or effect
whatever on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the
parties shall survive the expiration or termination of this Agreement.
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18
17.8 This Agreement may be simultaneously executed in several counterparts, each of lcO F
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSUL TANTS AND
SUBCONTRACTORS
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
TPA#1953637.9
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19
executed, CONSULTANT shall sign and deliver to OWNER the Truth-in-Negotiation ~e,Qc.E
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with
a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real
property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with
any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on
the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would
make the presentation of any settlement reached during negotiations to OWNER for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the
parties arising out of this Agreement, the parties shall attempt to resolve the dispute through
Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The
mediation shall be attended by representatives of CONSULTANT with full decision-making
TPA#1953637.9
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20
lOF
authority and by OWNER'S staff person who would make the presentation of any settlement
reached at mediation to OWNER'S board for approval. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla. Stat.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Surveying and Related Services for Randall Boulevard from Immokalee
Road to Desoto Boulevard the day and year first written above.
ATTEST:
''\.'
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
.~ ,"I
Dwight E...Brqck, Clerk
BY.: ~d'.. '...'......i~,./o(,
lt1-'fe. t,..,
Date: ~ . -. 1..
~~
By: _?~~ .-/
Frank Halas, Chairman
Approved as to form and
legal sufficiency:
hQQo~rn ~
Assistant County Attorney
AIM Engineeing & Surveying. Inc.
Witn1:!Dffj ;D~-
By~a~
J~ Wilson - Treasurer
Typed Name and Title
Ilem# lbF
~~:d~ d 8 -t;;I.p
~:~d 3 -Ilo-b
U!.,a/J<'J'O{:_ JtV./f1A.g,-1/
WitneSs
TPA#1953637.9
PSA
21
lOF
SCHEDULE A
SCOPE OF SERVICES
06-3919 Surveying and Related Services for Randall Boulevard from Immokalee Road to
Desoto Blvd, Project #60065
MINIMUM REQUIREMENTS
1.0 Survey Base
1.1 Provide a complete design survey including 40 scale controlled aerial photography,
control points and detailed topographic survey of the Randall Boulevard Project land
limits as described herein. All work shall be certified by a professionally registered
surveyor in the State of Florida.
1.2 The survey coverage shall include the intersections of Immokalee Road, 8th Street N.E.
(2,000' South of Randall), 16th Street N.E. (2,000' South of Randall), Everglades
Boulevard (2,000' North and South of Randall), Desoto Boulevard N (2,000' North and
South of Randall), and of all canals with Randall Boulevard. The project length is
approximately 7.0 miles. The detailed survey coverage along Randall Boulevard will
start at the back of curb of the newly constructed, East bound, Immokalee Road and
continue east to 1000' +/- East of the intersection with Desoto Boulevard. Topography
limits on all streets will include a minimum width of 150 feet to each side of the
Roadway Easement centerline and 2,000 feet to the north and south of the Randall
Boulevard corridor at all roadway intersections and 600 feet north and south with a 200
foot station spacing at canal intersections shall be covered in the survey limits. All
features including but not limited to buildings and structures within the designated
survey coverage area shall be included. See survey phasing from above requirements.
The typographic limits along Randall Boulevard will shift from the normal 150 feet North
and South of the Roadway Easement centerline in the following areas. Between 8th St.
NE and 1300 feet East of 16th St. NE. the limits will be 200 feet North and 150 feet
South of the Roadway Easement centerline. Between 1300 feet East of 16th St. NE
and the Golden Gate Main canal, the limits will be 100 feet North and 200 feet South of
the Roadway Easement centerline.
Collier County will mail advance access notification letters to property owners
along the corridor.
1.3 Detail information. - Survey shall include all physical features, which accurately depict
the existing condition of the project area. The information shall include, but is not
limited to, the following:
a. Roadway Pavement - note limits location of pavement type changes.
b. Driveways, and Parking Areas - note all limits within survey coverage and type of
pavement or surface - type being asphalt or concrete
c. Curbing, edging, medians, and barriers - note limits and type.
Al
d. Sidewalks, walkways, and handicap ramps - note limits and type.
lOF
e. All wall or fence information (type, height, thickness and condition).
f. Guard rail - note limits and type.
g. Utilities, the Surveyor will show all above ground utility structures. The type of
utility information shall include:
o Sanitary sewer:
. Manholes - rims, inverts, and condition (collapsed, plugged, etc.)
. Pipes - size, type, condition, and direction of flow
. Pump stations
o Storm Drainage System:
. Catch Basins - grates, inverts, and condition (collapsed, plugged, etc.)
. Manholes - rims, inverts, and condition (collapsed, plugged, etc.)
. Pipes - size, type, condition, and direction of flow
. All existing drainage outlets, with invert and headwall information located
within the project limits in any direction, if it ties to the roadway drainage
system.
o Force mains and pump stations:
· Utility lines
· Hydrants and water valves
· Hand holes and pull boxes
· Gas valves
· Telephone and electric manholes
· Utility and light poles and guy wires, including overhead wires.
· Any other public or private utility structure or casting located within the
defined limits of survey.
h. Buildings, fences and structures with descriptions. All doorway and garage
entrances facing the roadway, within the limits of topography, shall be clearly
shown.
1. Spot elevations, at regular intervals of 100 feet maximum (consistent with baseline
stations, if possible) and at critical locations including top and bottom of curb,
centerline grades, back of sidewalks and at all changes in slope. Elevations to be
given up center of all driveways. A complete Digital Terrain Model (DTM) will be
provided within the project limits.
J. Pavement markings, including lane use and shoulder width, crosswalks, stop bars,
and gore areas.
k. Traffic/road signs - note direction in which signs face, material type (wood or
aluminum) legend and wording, including those mounted on utility poles, signal
posts, and bridges.
A2
lOF
1. Traffic signal equipment. Include if applicable:
D direction of signal heads, number & type of faces
D control cabinets
D mast arms
[ span wires
[ signal posts
[ pedestrian signals, push buttons, cross walks, pull boxes
[ roadway loop detectors (if visible)
[ traffic signal conduit (if visable)
m. Trees, note tree line, shrubs, grass and planted areas.
decorative/planted trees within limits of topography.
Locate all
n. Pond Surveys - provide topography and DTM on up to 10 ponds. Ponds will be
approximately 3-4 acres in size and will be located adjacent to the roadway.
o. Geotechnical Survey - Provide as-drilled locations and elevations on Borings for
the 10 Ponds and two bridges.
p. Bridge Survey - Locate the deck, approach slabs, bent caps, FFBW and handrails.
Provide cross section dimensions on the deck and hand rails.
q. Any other planimetic detail within the limits of survey coverage.
1.3.1 The base plan should show a continuous and complete drainage system
network within the project limits based on field and record information obtained
by the surveyor. In the event that no conclusion can be drawn from the
information obtained as to the continuity and discharge points of said drainage,
such information shall be conveyed to Collier County upon presentation of the
initial base plan. Individual drainage structures, within the limits of topography,
shall also be shown including outlets, if any. The base plan shall also include
additional survey at the Orange Tree Canal, the Golden Gate Main Canal, and
the Faka Union Canal. Survey data should extend 600 feet north and south, as
applicable, at each canal from the centerline of right-of-way of the Randall
Boulevard corridor.
2.0 Right-of-Way & Control Survey
2.1 Reproduce all recorded right-of-way and baseline information. Right of way shall
include all intersecting roads within the project limits. All right-of-way information shall
be labeled, including date, bearings and distances. Provide a complete Right of Way
Control Survey. The Right of Way Control Survey will be signed by professionally
registered surveyor, licensed in the State of Florida. In addition the following
information shall be noted:
A3
]
Horizontal datum - tied into the Florida State Plan Coordinate System, NAD 1 0 F
1983/1990 Adjustment
]
Provide a Survey Baseline along with the centerline of the existing Randall
Boulevard Roadway Easement. Monument the Survey Baseline at the beginning,
end and all changes in direction not to exceed 1,000'
]
Reference the Survey Baseline at the beginning, end and all changes in direction
not to exceed 1,000'. All Reference ties will be placed outside the limits of
construction.
]
Physical ties to each benchmark - permanent benchmarks shall be established at
1 ,OOO-foot intervals along the roadway. Benchmarks will consist of a 4" x 4"
concrete monument and will be placed outside the limits of construction.
Benchmarks will be tied to the Survey Baseline.
]
Vertical datum (benchmarks) - 1929 (NGVD 29)
]
Locate all visible boundary monuments
D
Existing layout shall be tied to all located boundary monuments
D
Locate all existing visible property markers (e.g. - iron pipe, stone bound)
D
Tie all survey control points to permanent objects (e.g. bldgs).
2.2 All Platted block and lot lines, recorded Right of Ways and Easements will be
determined within the project limits. This information will be provided in the digital
base plan and on the Right of Way Control Survey. This does not include
individual property lines. Property lines may be determined through Title search,
at a later date, as additional services.
3.0 Deliverables
The final products shall be delivered in AutoCAD (Version 2006) - .DWG Format. The survey
points shall also be included in the drawing. Each point shall have a point number, coordinates,
elevation, and description.
3.1 The base plan shall be set up at a scale of 1 :40. All relevant text and symbol
sizes for existing information shall conform to the current edition of the FDOT
Plans Preparation Manual.
3.2 The final survey shall include a detailed and accurate compilation of control points
established by a closed traverse loop through the primary control points or with a
Global Positioning System-based network, to assure an error-free or closed
control network. Relative error or loop closure will conform to requirements of
A4
lOF
subsection 61 G17-6.003(1 )(e), FAC. All control points will be referenced to the
Florida State Plan Coordinate System, NAD 1983/1990 Adjustment.
3.3 The final, approved survey shall be accompanied by a letter stating it's
accuracy and stamped by a professional surveyor in the State of Florida.
The digital base plan shall be burned onto a compact disc (CD) and
delivered to Collier County. The CD shall contain the drawing (with
individual, unlocked layers) and all project files with appropriate directories.
3.4 The following list of items are deliverables for the survey activity of the
project:
Horizontal PNC, Vertical PNC Bench Line, Alignment and/or Existing R/W Lines,
Aerial Targets, Reference Points, Topography (2D), Digital Terrain Model (DTM),
Side Street Surveys, Bridge Survey, Channel Survey, Pond Site Survey,
Geotechnical Survey, Subdivision Location, Line Cutting, Work Zone Safety,
Miscellaneous Surveys, Supplemental Surveys, Document Research
Field Reviews, Meetings, Quality Assurance/Quality Control, Supervision,
Coordination
3.5 The following list of items are deliverables for the Mapping activity of the
Project:
Alignment, Section and % Section Lines, Subdivisions, Existing R/W, Control
Survey Cover Sheet, Control Survey Key Sheet, Reference Point Sheet, Final
Maps/Plans Comparison, Field Reviews, Technical Meetings, Quality
Assurance/Quality Control, Supervision, Coordination,
3.6 The following items are deliverables that will be provided by Photogrammetry
Subconsultant:
Aerial Photography and one each 50' Black and White Digital Mosaic (HMR & TIF)
4.0 Unforeseen Conditions
The County reserves the right to negotiate for additional services with the consultant
on a time and material contract basis.
A5
SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM
1. MONTHLY STATUS REPORTS
lOF
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention
of Michael Greene, Project Manager, Collier County Government, Transportation
Division, 2885 south Horseshoe Drive, Naples, Florida 34104.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump
sum payments to CONSULTANT in accordance with the terms stated below. Payments will be
made in accordance with the following Schedule; however, the payment of any particular line
item noted below shall not be due until all services associated with any such line item have
been completed to OWNER'S reasonable satisfaction.
ITEM
1.
2.
3.
4.
FEE
$132 329.00
$ 68 955.00
$378 181.87
$ 10490.00
Total Items 1-4 $589,955.87
B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Five hundred eiqhty
nine thousand nine hundred fifty five dollars and eiqhty seven cents ($589.955.87) to be
paid to CONSULTANT for the performance of the Basic Services.
B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER
agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based
on the services to be provided and as set forth in the Amendment authorizing such
Additional Services. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services
without OWNER'S prior written approval.
B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
81
8.2.5 Notwithstanding anything in the Agreement to the contrary, CONSUL TINP F
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3. 1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one
invoice per month for all fees earned that month for both Basic Services and Additional
Services. Invoices shall be reasonably substantiated, identify the services rendered and
must be submitted in triplicate in a form and manner required by Owner. Additionally, the
number of the purchase order granting approval for such services shall appear on all
invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one time monthly.
B.3.3 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.4 Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.4.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
B.3.4.1 .1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and
Specifications.
B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER.
Such expenses, if approved by OWNER, may include coach airfare,
standard accommodations and meals, all in accordance with section
112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from/to destinations outside of Collier
or Lee Counties. Such trips within Collier and Lee Counties are
expressly excluded.
82
B.3.4.1.3. Permit Fees required by the Project.
lOF
B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved
in advance and in writing by OWNER.
8.3.4.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.4.2 Should a conflict exist between the dollar amounts set forth in Section 112.061,
F.S., and the Agreement, the terms of the Agreement shall prevail.
B3
lOF
SCHEDULE B
ATTACHMENT 1
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Senior Professional Land Surveyor
Professional Land Surveyor
Crew Supervisor
Design Survey Manager/Cad Tech
CAD Tech
Senior Survey Party Chief/Survey Tech 4-man crew
$132.65
$110.00
$ 83.75
$64.35
$ 64.35
$1,494.79/day
END OF SCHEDULE B.
84
SCHEDULE C
PROJECT SCHEDULE
Schedule is based on the number of calendar days from issuance of Notice to Proceed.
1. Field Survey (Office)
120 Days
2. Mappinq
202 Days
3. Field Survey
As Needed
4. Photoqrammetrv
As Needed
10F
Cl
PRODUCER Phone:
Brown & Brown
3820 Colonial
Fort Myers FL
239-278-0278 Fax:
- Fort Myers, FL
Blvd., Suite 200
33912
239-278-5306
DATE (MMlDDI YY)
3/6/2006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
AC.QBDTII
CERTIFICATE OF LIABILITY INSURANCE
INSURED
AIM Engineering & Surveying, Inc.
5300 Lee Blvd.
Lehigh Acres FL 33971
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: Assurance Company of America
INSURERB: National Surety Company
INSURERC: Bridgefield Casualty
INSURERD: Continental Casualty
INSURERE: General Insurance Company of
COVERAGES
THE POLICIES OF I~SURA~CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTA~DI~G ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAI~, 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.
POUCYNUMBER P~}~SY EFFECTIVE POUCY EXPIRATION UMITS
rA .....Ar
A GENE RAL LIABI UTY PAS00830481 4/25/2005 4/25/2006 EACH OCCURRENCE $2,000,000
X COMMERC~LGENERALU~LrrY ~~~S Eaoocurenaol $Z,UUU,OOO
I CLAIMS MADE ~ OCCUR MED EXP (Any ore PG'!lOn) $ 10,000
PERSONAl & AOV INJURY $2,000,000
- $4,000,000
GENERAL AGGREGATE
- $4,000,000
~'LAGGREr5fl UMIT APnSPER: PRODUCTS - COMPIOP AGG
POUCY X ~rRT LOC
E AUTOMOBILE UABIUTY 24CC10879810 1/1/2006 1/1/2007 COMBINED SINGLE UMIT $1,000,000
-
ANYAUTO (Ea accIdanl)
-
AlL OWNEDAUTOS BOOIL Y INJURY
- $
~ SCHEDULEDAUTOS (Per pel8lll1)
X HIREDAUTOS BOOIL Y INJURY
X (Per aocldenl) $
- NON-oWNED AUTOS
- PROPERTY DAMAGE $
(per aocldenl)
GARAGE UABIUTY AUTOONLY-EAACCIDENT $
=J ANYAUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
B ~ESS/UMBRELLA UABIUTY XAE98187677 1/1/2006 1/1/2007 EACH OCCURRENCE $2,000,000
X OCCUR D CLAIMS MADE AGGREGATE $2,000,000
$
~ DEDUCTIBlE $
X RETENTION $10,000 $
C WORKERS COMPENSATION AND 196-4553 7/1/2005 7/1/2006 xl WCSTATU-; I 10l~-
EMPLOYERS' UABIUTY E.L EACH ACCIDENT $ 1,000,000
ANY PROPRIETORIPARTNERlEXECUTlVE
ORRCE~MBEREXCLUDED? E.L DISEASE - EA EMPLOYEE $1,000,000
II 't: describe under $1,000,000
S CIAL PROVISIONS below E.L DISEASE - POUCY LIMIT
D OTHER AEA003011745 7/1/2005 7/1/2006 $2,000,000 Per Claim
Professional Liability $2,000,000 Aggregate
Claims Made $100,000 Deductible
Retro Date 4/19/1985
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
30 DAYS NOTICE OF CANCELLATION APPLIES, EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT
COLLIER COUNTY IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOWN ABOVE.
RE: CONTRACT 06-3919 "PROFESSIONAL SURVEYING Ii RELATED SERVICES FOR RANDALL BOUELVARD FROM IMMOKALEE ROAD TO DESOTO
BLVD", PROJECT #60065.
i
COLLIER COUNTY GOVERNMENT PURCHASING
DEPARTMENT
8801 E. TAMIAMI TRAIL
NAPLES FL 34112
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL E~DEAVOR TO MAIL 30 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.
CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVE
-;J:Y~ '- f'Y\,.,L' I
C>ACORD CORPORATION 1988
ACORD 25 (2001/08)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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)
..:.....
SCHEDULE D
INSURANCE COVERAGE
10F
(1) The amounts and types of Insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If CONSULTANT has any self-insured retentions or
deductibles under any of the below listed minimum required coverages, CONSULTANT must
identify on the Certificate of Insurance the nature and amount of such self-insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
TPA#1953637.9
PSA
D-I
, 10F
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages
required herein, the OWNER may terminate the Agreement or at its sole discretion shall be
authorized to purchase such coverages and charge the CONSULTANT for such coverages
purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days
after demand, OWNER has the right to offset these costs from any amount due CONSULTANT
under this Agreement or any other agreement between OWNER and CONSULTANT. The
OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for
the coverages purchased or the insurance company or companies used. The decision of the
OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of
any of its rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure
TPA#19536379 PSA D-2
of the Contractor to provide the OWNER with such renewal certificate(s) shall be deelO F
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X_ Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the CONSULTANT during the term of this Agreement for all employees engaged in the work
under this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
_ Applicable _X_ Not Applicable
TPA#1953637.9
PSA
0-3
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the, 1 0 f~
completion of the work.
_ Applicable
X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_ General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
_X_General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
TPA# 19536379
PSA
$300,000
$300,000
$300,000
$300,000
$ 50,000
$500,000
$500,000
$500,000
$500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
0-4
(2) The General Aggregate Limit shall apply separately to this Proj~ct and the ~oliclhO F
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER shall be named as an Additional Insured and the policy shall be
endorsed that such coverage shall be primary to any similar coverage carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
_ Applicable _X_ Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSUL TANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
_ Applicable _X_ Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
TPA#1953637.9
PSA
D-5
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT lGf
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
X Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement?
X Yes
--
No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
_ $ 500,000 each claim and in the aggregate
--2L $1,000,000 each claim and in the aggregate
_ $2,000,000 each claim and in the aggregate
_ _ $5,000,000 each claim and in the aggregate
TPA#1953637.9
PSA
D-6
~10F
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Notwithstanding anything herein to the contrary, in no event shall the policy
deductible be greater than $50,000 each claim. Deductibles in excess of that amount shall
require the prior written approval of the Risk Management Director or his/her designee, at their
discretion.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) CONSULTANT shall purchase valuable papers and records coverage for plans,
specifications, drawings, reports, maps, books, blueprints, and other printed documents in an
amount sufficient to cover the cost of recreating or reconstructing valuable papers or records
utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
TPA#1953637.9 PSA 0-7
OWNER'S insurance representative, to pursue the maximum credit available frol to F
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
TPA# 1953637.9
PSA
0-8
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
lOF
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, AIM Engineering & Surveying Services, Inc. hereby certifies that wages,
rates and other factual unit costs supporting the compensation for the services of the
CONSULTANT to be provided under the Professional Services Agreement, concerning
Surveying and Related Services for Randall Boulevard from Immokalee Road to Desoto
Boulevard are accurate, complete and current as of the time of contracting.
AIM Engineering & Surveying Services, Inc.
~$~
-
TITLE: I red:sur6r
DATE: 3/3/ ()(o
TPA#1953637.9
PSA
E-l
SCHEDULE F
KEY PERSONNEL, SUBCONSUL TANTS AND SUBCONTRACTORS
Bob Potter - Senior Professional Land Surveyor - 15%
Ron Tew - Professional Land Surveyor - 50%
Derek Crowell - Crew Supervisor- 50%
Bill Curtis - Design Survey Manager 50%
Dave Eddy - Senior Survey Party Chief (100%)
I.F. Rooks - Photogrammetry (Subconsultant)
TPA#19536379
PSA
lOF
F-l
16A5
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 11 \'~ day of A~\l, \- , 2006 between MDG
LAKE TRAFFORD, LLC, a Florida Limited Liability Company hereinafter referred
to as "Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board."
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as:
ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE BLOCK "B"
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, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: Site improvements including roadways,
drainage facilities, water and sewer facilities, and lighting and signage, within 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 (Letter of Credit
from Colonial Bank dated March 16, 2006 in the amount of ($652,567.85) attached
hereto as Exhibit "A" and by reference made a part hereof) which amount represents
1 0% of the total contract cost to complete construction plus 1 00% of the estimate cost
of to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
C'Documents and Settings\Administrator\Local Settings\Temporary Internet Files\OLKC28\Construction Maintenance for Subdivision Improvements. Phase One Block B
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4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the County Manager or his designee for
compliance with the Collier County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the County Manager's approval of the
improvements. However, in no event shall the County Manager or his designee refuse
preliminary approval of the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval by the County Manager or his designee. After the one
year maintenance period by the Developer has terminated, the Developer shall petition
the County Manager or his designee to inspect the required improvements. The County
Manager or his designee shall inspect the improvements and, if found to be still in
compliance with the Collier County Land Development Code as reflected by final
approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for maintenance of the required
improvements shall continue unless or until the Board accepts maintenance responsibility
for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the County Manager or his designee to
reduce the dollar amount of the subdivision performance security on the basis of work
complete. Each request for a reduction in the dollar amount of the subdivision
performance security shall be accompanied by a statement of substantial completion by
the Developer's engineer together with the project records necessary for review by the
County Manager or his designee. The County Manager or his designee may grant the
request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date ofthe 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
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on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this la i M day of & 0. L ,
2006.
WITNESSES: MDG LAKE TRAFFORD, LLC, A Florida
Limited Liability Company
By: MDG Capital Corporation a Florida
Corporati'k ' as its Managing Member
s r
Signature ) By:
Wil •m L. Klohn, as its President
Printed or Typed Name Title: President
�P Lt/Je 4 / tCL1
Signature
Printed or Typed,Nan a â–ºM I t4 (0
ATTESI Board of County Commissioners of
Collier County, Florida
By ' "F't` .
D • • : ,. ,y' deputy Clerk By:•
' ^,,,i�� Frank Halas, Chairman
•Approve and legal sufficiency: _
BY:
Jeff E. ighh ,)Assistant County Attorney
— T
C,Documents and Settings`Administrator`.Local Settings•Tenr xxary Internet Pilcs,OLKC28■Construction Maintenance for Subdivision Onprosentents-Phase One Block B
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~ !ot b~
EXHIBIT "A"
ENGINEER'S OPINION OF PROBABLE COST
ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE BLOCK B
HM FILE NO.: 2001106
February 1, 2006
Sanitary Sewer
Descriotion
Quantitv Units Unit Cost Total
2 EA $1,850.00 $3,700.00
4 EA $1,950.00 $7,800.00
4 EA $2,325.00 $9,300.00
2 EA $2,725.00 $5,450.00
1,086 LF $26.50 $28,779.00
655 LF $30.00 $19,650.00
369 LF $41.00 $15,129.00
1,732 LF $13.00 $22,516.00
17 EA $275.00 $4,675.00
29 EA $325.00 $9,425.00
1 LS $4,150.00 $4,150.00
$130,574.00
Connect to Existing Stub
Manholes (0-6)
Manholes (6-8)
Manholes (8-10)
8" SDR 26 (0-6)
8" SDR 26 (6-8)
8" SDR 26 (8-10)
6" SDR 26 Lateral
6" Single Cleanout
6" double Cleanout
TV Sewer Main
Total Sanitary Sewer:
Potable Water
Descriotion
Quantitv Units Unit Cost Total
2 EA $1,500.00 $3,000.00
2,140 LF $20.00 $42,800.00
550 LF $22.50 $12,375.00
6 EA $1,025.00 $6,150.00
5 EA $125.00 $625.00
2 EA $900.00 $1,800.00
2 EA $1,075.00 $2,150.00
5 EA $2,975.00 $14,875.00
1 LS $6,500.00 $6,500.00
21 EA $310.00 $6,510.00
27 EA $475.00 $12,825.00
$109,610.00
Connect to Existing
8" DR 18 Watermain
8" DR 14 Watermain
8" MJ Gate Valve
Temp Bacti Sample PT
Perm Bacti Sample PT
Air Release Valve
Fire Hydrants
Fittings
1" Single Water Service
1 1/2" Double Water Service
Total Potable Water:
H\200 I \200 II 061WPIPLA T RECORDA nON - PH I BLOCK BIConstruction & Maintenance for SubdivisIOn Improvements - Phase One Block B 060316.doc
16A5
Storm Dralnaae
Description Quantity Units Unit Cost Total
12" HDPE 116 LF $21.00 $2,436.00
15" RCP 143 LF $36.00 $5,148.00
18" RCP 205 LF $41.00 $8,405.00
24" RCP 560 LF $52.00 $29,120.00
36" RCP 321 LF $86.00 $27,606.00
18" Flared End Section 1 EA $1,475.00 $1,475.00
24" Flared End Section 1 EA $1,675.00 $1,675.00
36" Flared End Section 2 EA $3,250.00 $6,500.00
Type "0" Inlet w/grate 1 EA $1,825.00 $1,825.00
Type "B" Inlet w/grate 3 EA $1,950.00 $5,850.00
Valley Gutter Inlet w/frame and grate 7 EA $2,575.00 $18,025.00
Conflict Box 1 EA $3,850.00 $3,850.00
Junction Box 1 EA $1,775.00 $1,775.00
Yard Drain 1 EA $550.00 $550.00
Total Storm Dralnaae: $114,240.00
Roadwork
Description Quantity Units Unit Cost Total
Mobilization 1 LS $2,350.00 $2,350.00
12" Stabilized Subgrade 7,505 SY $3.80 $28,519.00
6" Limerock Base 6,065 SY $8.86 $53,735.90
3/4" Asphalt (1 st Lift) 6,065 SY $3.78 $22,925.70
3/4" Asphalt (2nd Lift) 6,065 SF $3.96 $24,017.40
4" Concrete Sidewalk 10,000 SF $3.20 $32,000.00
Type "A" Curb 290 LF $11.95 $3,465.50
2" Valley Gutter 4,680 LF $8.45 $39,546.00
3" Valley Gutter 80 LF $24.50 $1,960.00
Pavement Markins and Signage 1 LS $4,100.00 $4,100.00
Final Grade ROW 1 LS $6,200.00 $6,200.00
Total Roadwork: $218,819.50
Street Llahtlna:
Description Quantity Units Unit Cost Total
Street Light/Pole Fixture 10 EA $2,000.00 $20,000.00
Total Street Llahtlna: $20,000.00
GRAND TOTAL: $593,243.50
H\2001\2001106\WPIPLAT RECORDATION - PH I BLOCK B\ConSlrucllon & Maintenance for Subd,vision Improvements - Phase One Block B 060316.doc
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16A5
COLONIAL BANK~N.A.
Memb4K FDIC
"Financial Strength in Local Hands"
March 16, 2006
IRREVOCABLE STANDBY LETTER OF CREDIT No. 3400087
ISSUER:
Colonial Bank, N.A., 27200 Riverview Center Blvd., Bonita Springs, FL
34134 (hereinafter "Issuer")
PLACE OF EXPIRY: Bonita Springs, Florida 34134
DATE OF EXPIRY: This Credit shall be valid until March 16,2007, and shall thereafter
be automatically renewed for successive one-year periods on the anniversary of its
issue unless at least sixty (60) days prior to any such anniversary date, the Issuer
notifies the Beneficiary in writing by registered mail that the Issuer elects not to so
renew this Credit.
APPLICANT: MDG Capital Corporation (hereinafter "Applicant"), 2180 Immokalee Rd.,
Suite 309, Naples, Florida, 34110.
BENEFICIARY: The Board of County Commissioners, Collier County, Florida
(hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse
Complex, Naples, Florida.
AMOUNT: $652,567.85 US up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's draft at sight drawn
on the Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT
DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT
PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFIYING THAT: "MDG
Capital Corporation has failed to construct and/or maintain the improvements
associated with that certain plat of a subdivision known as Arrowhead Reserve at Lake
Trafford or a final inspection satisfactory to Collier County has not been performed prior
An Affiliate of The Colonial BancGroup, Inc.
27200 Riverview Center Blvd., P.O. Drawer 2648, Bonita Springs, Florida 34134
Telephone 239/992-2201
www.colonialbank.com
AN EQUAL OPPORTUNITY EMPLOYER
Irrevocable Standby Letter
Of Credit No. 3400087
March 16. 2006
Page 2
16A5
to the date of expiry, and satisfactory alternative performance security has not been
provided to and formally accepted by the Beneficiary".
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn
under Colonial Bank, N.A. Credit No. 3400087, dated March 16, 2006." The original
Letter of Credit and all amendments, if any, must be presented for proper endorsement.
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such
undertaking shall not in any way be modified, amended, or amplified by reference to any
document, instrument, or agreement referenced to herein or in which this Letter of
Credit relates, and any such reference shall not be deemed to incorporate herein by
reference any documents, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance
with the terms of this Credit will be duly honored by Issuer if presented within the validity
of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credit
(1983 Revision) International Chamber of Commerce Publication No. 400.
COLONIAL BANK, N.A.
By:
Robert B. Bassett
Area President
~
-,,_""."_.m~..,.."._~_ "'.. -. -..." n.~_.."."""__._,_.__~__,,.w ...,.__"_._"w_____~
16A5
SUNTRUST
109928 (6/011
16A5
Sl1N1:UILB STANDBY LBTTB' OP C'BOIT NO. P002820
ISSUER: SUNTRUST BANK, 25 PARK PLACE, 16TH FLOOR, MC: GA-ATL-3706,
ATTN: STANDBY LC DEPT., ATLANTA, GA 30303 (HEREINAFTER "ISSUER").
PLACE AND DATE OF ISSUE: SUNTRUST BANK, 25 PARK PLACE, 16TH FLOOR, MC:
GA-ATL-3706, ATLANTA, GA 30303, DATE OF ISSUE JANUARY 4, 2006
PLACE OF EXPIRY: AT SUNTRUST BANK, 401 E. JACKSON STREET, ATTN:
LETTERS OF CREDIT DEPT.-GA-ATL-MC3706, TAMPA, FL 33602
DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL JANUARY 4, 2008,
AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR
PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60)
DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE
BENEFICIARY IN WRITING TO STAFF (AT ENGINEERING REVIEW SERVICES, 2800
N. HORSESHOE DR., NAPLES FL 34104) BY REGISTERED MAIL THAT THE ISSUER
ELECTS NOT TO SO RENEW THIS CREDIT.
APPLICANT: PULTE HOME CORPORATION (HEREINAFTER "APPLICANT") 9148
BONITA BEACH ROAD, SUITE 102, BONITA SPRINGS, FL 34135
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA (HEREINAFTER "BENEFICIARY"), COLLIER COUNTY COURTHOUSE
COMPLEX, NAPLES, FLORIDA, 34104.
AMOUNT: $3,527,006.33 (THREE MILLION FIVE HUNDRED TWENTY SEVEN
THOUSAND SIX AND 33/100) (U.S.) UP TO AN AGGREGATE THEREOF.
CREDIT AVAILABLE WITH: ISSUER.
BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY I S
DRAFTS AT SIGHT DRAWN ON THE ISSUER.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY I S DRAFT (S) AT SIGHT
DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY
BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER,
CERTIFYING THAT: PULTE HOME CORPORATION HAS FAILED TO CONSTRUCT
AND/OR MAINTAIN THE EARTHWORK/LAKE EXCAVATION, PAVING, STORM SEWER,
SANITARY SEWER, POTABLE WATER, LANDSCAPE AND LIGHTING ADDITIONS,
EXTENSIONS AND/OR IMPROVEMENTS AS SHOWN ON THE PLANS FOR ORANGE
BLOSSOM RANCH PHASE 1B, OR PRIOR TO THE DATE OF EXPIRY THE APPLICANT
FAILED TO COMPLETE THE REQUIRED FINAL ACCEPTANCE PROCEDURES AS
REQUIRED BY THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES
ORDINANCE, AND THE APPLICANT FAILED TO PROVIDE THE COUNTY WITH
61
:/
1;:;1 .,l
16A5
SUNTRUST
IRREVOCABLE LETTER OF CREDIT P002820
PAGE 2
SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY AS REQUIRED BY THAT
ORDINANCE."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN
UNDER SUNTRUST BANK CREDIT NO. P002820, DATED JANUARY 4, 2006." THE
ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE
PRESENTED FOR PROPER ENDORSEMENT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S
UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED,
AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENT, OR
AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT
RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE
HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT.
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND
IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY
ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS [1993 REVISION] INTERNATIONAL CHAMBER OF COMMERCE
PUBLICATION NO. 500.
SUNTRUST BANK
~J:2
BY' "-'--":!i: 0-
BO~IE L. ANDE ON
VICE PRESIDENT
1 f ~ 1 . 11
16A5
SOUTHWEST FLORIDA
Orange Blossom Ranch Phase 1 B
Land Development
PPL Cost Summary
EarthworklLake Excavation
Paving
Storm Sewer
Sanitary Sewer
Potable Water
Landscape
Ughting
1,216,806.23
616,216.28
285,161.00
553,647.80
377,861.92
105,876.16
50,800.00
Note: Offsite improvements covered in 1 A bond.
o "L"
Je",l
<J F 3
16A5
OBR1B Quantities For Subdivision Bond-12-29-Q5
1
4
6
Orange Blossom Ranch (Phase 1 B)
Quanti Unit Price Total
72 AC $ 2,495.00 $ 179,340.60
550,000 CY $ 1.85 $ 1,017.500.00
19,966 LF $ 1.00 $ 19,965.63
Sub-Total $ 1,216,806.23
12129/20053:31 PM
20"8
16A5
OBR18 Quantities For Subdivision BoOO-12-29-o5
Orange Blossom Ranch (Phase 1 B)
Item. Paving lOnsite) Quantltv Unit Price Total
1 2' Valley Gutter 12,964 LF $ 5.40 $ 70,003.87
2 F' Curb 4,072 LF $ 6.80 $ 27,689.26
3 A' Curb 733 LF $ 8.25 $ 6,044.20
4 D'Curb 256 LF $ 9.55 $ 2,441.84
6 4" Concrete Sidewalk ( 5' wide) 9,164 SY $ 18.40 $ 168,621.69
7 1 1/2" Asphaltic Concrete ( Type S-III) Internal 16,867 SY $ 4.85 $ 81,803.87
8 2" Asphaltic Concrete ( Type S-III) Entrance Road 4,681 SY $ 6.72 $ 31,454.83
9 6" Limerock Base (compacted and primed) 16,867 SY $ 6.00 $ 101,200.67
10 8" Limerock Base (compacted and primed) 4,681 SY $ 7.50 $ 35,105.83
11 12" Stabilized Subgrade 28,131 SY $ 1.75 $ 49,230.03
12 Sianing & Pavement Markinas 1 LS $ 10,000.00 $ 10,000.00
13 SoddinQ (1ft B.O.C.) 3,453 SY $ 1.30 $ 4,488.76
14 Road prep and final grade 28,131 SY $ 1.00 $ 28,131.44
Sub-Total $ 616,216.28
12/29120053:31 PM
30'8
16A5
OBR1S Quanlltles For Subdivision Sond-12-29.{)5
Orange Blossom Ranch (Phase 1 B)
Item. Dralnaae Quantitv Unit Price Total
1 15" RCP 214 LF $ 26.50 $ 5,671.00
2 18" RCP 2,015 LF $ 31.00 $ 62,465.00
3 30" RCP 1,613 LF $ 49.00 $ 79,037.00
4 36" RCP 575 LF $ 62.00 $ 35,650.00
5 42" RCP 99 LF $ 84.00 $ 3,024.00
6 12" PVC 1,054 LF $ 18.50 $ 19.499.00
7 18" Headwall 13 each $ 1,115.00 $ 14.495.00
8 30" Headwall 10 each $ 1,950.00 $ 19,500.00
9 36" Headwall 2 each $ 2,750.00 $ 5,500.00
10 42" Headwall 1 each $ 0.00 $ 0.00
11 Tvoe C Inlet 2 each $ 1,310.00 $ 2,620.00
12 X Box 4 each $ 540.00 $ 2,160.00
13 Junction Box 3 each $ 1,700.00 $ 5,100.00
14 Throat Inlet (4'x4') 8 each $ 2,150.00 $ 17,200.00
15 Control Structure (5' X 5' <10'\ 1 each $ 6,220.00 $ 6,220.00
16 Yard Drains 13 each $ 540.00 $ 7,020.00
1
Sub-Total $ 285,161.00
12/29120053:31 PM
~
16A5
DBR1B Quantities For Subdivision Bond-12-29-05
Orange Blossom Ranch (Phase 1 B)
Quanti Unit Price Total
1 7 each $ 435.00 $ 3,045.00
2 64 each $ 605.00 $ 38,720.00
3 1,117 LF $ 10.50 $ 11,728.50
4 DR18 7,157 LF $ 16.30 $ 116,659.10
5 DR14 230 LF $ 17.20 $ 3,956.00
6 16 each $ 1,050.00 $ 16,800.00
7 2 each $ 0.00 $ 0.00
8 19 each $ 2,790.00 $ 53,010.00
9 2 each $ 3,180.00 $ 6,360.00
10 3 each $ 1,080.00 $ 3,240.00
Sub-Total $ 377,861.92
12/29/20053:31 PM
50~
16A5
OBR1 B Quantities For SubdMslon Bond-12-29"()5
Orange Blossom Ranch (Phase 1 B) -
Item- Sanitary Sewer Quantltv Unit Price Total
1 8" PVC Sanitary Sewer CO-6' Cut) 859 LF $ 19.00 $ 10,545.00
2 8" PVC Sanitary Sewer (6-8' Cut) 2,525 LF $ 24.00 $ 62,640.00
3 8" PVC Sanitarv Sewer (8-10' Cut) 1,186 LF $ 32.00 $ 99,808.00
4 8" PVC Sanitarv Sewer (10-12' Cut) 100 LF $ 43.00 $ 59,297.00
5 8" PVC Sanitary Sewer (12-14' Cut) 1,645 LF $ 54.00 $ 28.134.00
6 8" PVC Sanitary Sewer (14-16' Cut) 465 LF $ 70.00 $ 65.240.00
Trenchina for Rock . LF $ 12.00 $ 0.00
7
8 Manhole 4' Diameter (o-6') 10 EA $ 1,795.00 $ 43,080.00
9 Manhole 4' Diameter (6-8') 6 EA $ 2,180.00 $ 15,260.00
10 Manhole 4' Diameter (8-10') 5 EA $ 2,710.00 $ 16,260.00
11 Manhole 4' Diameter (10-12') 6 EA $ 3,240.00 $ 6,480.00
12 Manhole 4' Diameter (12-14') 3 EA $ 3,790.00 $ 0.00
13 Manhole 4' Diameter (14-16') 0 EA $ 4,500.00 $ 9.000.00
14 Manhole 4' Diameter (16-18') 0 EA $ 5,100.00 $ 10,200.00
15 6" PVC Single Sewer Service (<60') 2 EA $ 439.00 $ 11,853.00
16 6" PVC Sit1Qle Sewer Service (>60') 28 EA $ 13.50 $ 27.00
17 6" PVC Double Sewer Service (>60') 51 EA $ 478.00 $ 52,102.00
18 Television Inspection (Prellminarv & Final) LF $ 1.00 $ 9,542.00
19 Pump Station (Complete) 2 EA $ TBD $ 0.00
Sub-Total $ 553,647.80
12129120053:31 PM
60'1
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16A5
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16A5
4586 A'ogetS6 Ave. Alone: 239-643-0266
Naples, R.. 34104 Fax: 239-643-5821
Oran2e Blossom Ranch Phase IB - Site Development Street Lie:htin&
Opinion of Probable Cost
Fixture
GE "Cobrahead" fixture, 250w
HPS with 35' concrete pole
(direct burial 5'
6
$ 1,500.00 $ 9,000.00
Fixture
GE Town & Country
"FPL" standard fixture with 20'
fiberglass pole (direct burial 4')
38
$ 1,100.00 $ 41,800.00
Total Site Street LIghting Project Opinion of Probable Cost:
$ 50,800.00
Bora
16A6
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 15th day of _March , 2006 between
Acacia Credit Fund 8-A, LLC, its successors or assigns, hereinafter referred to as
"Owner/Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board.
RECITALS:
A. Owner/Developer has, simultaneously with the delivery of this Agreement, applied
for the approval by the Board of a certain plat of a subdivision to be known as Reflection
Lakes at Naples Unit 2.
B. Chapters 4 and 10 of the Collier County Land Development Code requires the
Owner/Developer to post appropriate guarantees for the construction of the
improvements required by said subdivision regulations, said guarantees to be
incorporated in a bonded agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual
covenants hereinafter set forth, Owner/Developer and the Board do hereby covenant and
agree as follows:
1. Owner/Developer will cause to be constructed: lJ"\.4\J' :<'\i;.~ ~ \l ~hJI$ \ o&oJ. \ l""-~~ \If:.lA-\eJ-.\T~
6N ';> \ 't" AN t) 0 -t f <0:. \ .,..s..
within 12 months from the date of approval said subdivision plat, said
improvements hereinafter referred to as the required improvements.
2. Owner/Developer herewith tenders its subdivision performance security
(attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of
$5,319,181.90 which amount represents 10% of the total contract cost to complete
construction plus 100% of the estimate cost of to complete the required improvements
at the date of this Agreement.
3. In the event of default by the Owner/Developer or failure of the
Owner/Developer to complete such improvements within the time required by the
Land Development Code, Collier County, may call upon the subdivision performance
security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Owner/Developer's engineer along with the final project
records have been furnished to be reviewed and approved by the County Manager or
his designee for compliance with the Collier County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of
the statement of substantial completion, either: a) notify the Owner/Developer in
writing of his preliminary approval of the improvements; or b) notify the
Owner/Developer in writing of his refusal to approve improvements, therewith
specifying those conditions which the Owner/Developer must fulfill in order to obtain
16A6
the County Manager's approval of the improvements. However, in no event shall the
County Manager or his designee refuse preliminary approval of the improvements if
they are in fact constructed and submitted for approval in accordance with the
requirements of this Agreement.
6. The Owner/Developer shall maintain all required improvements for a minimum
period of one year after preliminary approval by the County Manager or his designee.
After the one year maintenance period by the Owner/Developer has terminated, the
Owner/Developer shall petition the County Manager or his designee to inspect the
required improvements. The County Manager or his designee shall inspect the
improvements and, if found to be still in compliance with the Collier County Land
Development Code as reflected by final approval by the Board, the Board shall
release the remaining 10% of the subdivision performance security. The
Owner/Developer's responsibility for maintenance of the required improvements shall
continue unless or until the Board accepts maintenance responsibility for and by the
County.
7. Six (6) months after the execution of this Agreement and once within every six
(6) months thereafter the Owner/Developer may request the County Manager or his
designee to reduce the dollar amount of the subdivision performance security on the
basis of work complete, Each request for a reduction in the dollar amount of the
subdivision performance security shall be accompanied by a statement of substantial
completion by the Owner/Developer's engineer together with the project records
necessary for review by the County Manager or his designee. The County Manager or
his designee may grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date of the request.
8. In the event the Owner/Developer shall fail or neglect to fulfill its obligations
under this Agreement, upon certification of such failure, the County Manager or his
designee may call upon the subdivision performance security to secure satisfactory
completion, repair and maintenance of the required improvements. The Board shall
have the right to construct and maintain, or cause to be constructed or maintained,
pursuant to public advertisement and receipt and acceptance of bids, the
improvements required herein. The Owner/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 Owner/Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are an shall be
binding upon the Owner/Developer and the respective successors and assigns of the
Owner/Developer.
IN WITNESS WHEREOF, the Board and the Owner/Developer have caused this
Agreement to be executed by their duly authorized representatives this f ~ 11-4 day of
M .n..c... \.l. , 200 l.
16A6
SIGNED, SEALED AND
DELIVERED IN
THE PRESENCE OF
Acacia Credit Fund 8-A, LLC,
A Delaware Limited Liability Company
By: Fund 8-A Management Company, LLC,
A Delaware Limited Liability Company
Its Managing Member
By: Acacia Capital Corporation,
A California Corporation, Its Managing Member
~v.~ By:
1i''''~", (,. HtI\lI
Witness /J ,/J
~f~~
Witness ~I- ~~~
~ '(:" /?
{....-'- (' /(
'. " ,
../,. ~-~-) I-~~-,--- ......---
Steven S. Benson, its:
Executive Vice-President
Printed or Typed Name
ATTEST: ,;'
) .
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
~>~---
DWIGHT E. BROCK, CLERK
, Chairman
Sufficiency:
BY: 'I' \
Jeff E. Wrrght,'" Assistant County Attorney
16A6
COLLIER COUNTY LAND DEVELOPMENT CODE
BOND NO. 5021406
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
TOUSA Homes, Inc., dba Engle Homes Southwest Florida,
12550 New Brittany Blvd #101, Ft Myers, FL 33907,
and
Acacia Credit Fund 8-A L.L.C.
123 NW 13th Street, Ste. 300
Boca Raton, FL 33432
(hereinafter referred to as "Owner") and
Bond Safeguard Insurance Company (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 Nine Hundred Five Thousand
Seven Hundred One and 95/100 Thousand ($ 2,905,701.95) 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 Reflection Lakes @ Naples Unit II 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, ifthe Owner shall well, truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all
claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and
damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension
of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on
this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and
faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 8th day of
March. 2006.
(Owner's witness and signature block)
(Surety's witness and signature block)
(notary and acknowledgment for both Owner and Surety required)
LDCA:6
EXH11)(1
"A "
16A6
WI:J?JE~ES ,
'V~~
~~T~f ~J/L;
OWNER
TOUSA HOM.ES, INC. dba
Engle Ho~s Sruthw~ Florida
By:. - ~ ~_. '-_A. ,__L
, j'
OWNER
WITNESSES
Acacia Credit Fund 8-A L.L.c.
A Delaware Limited Liability Company
Its Managing Member
Jti.z:dy
By: Fund 8-A Management Company, L.L.C.,
A Delaware Limited Liability Company
Its Managing Member
By: Acacia Capital Corporation,
A California Corporation
Its M~nagin. Member
C'~'/(
By: . S,. ~
Its: Exr!. V; <..( Plt'>~~ c1.C4\.4-
SURETY
BOND SAFEGUARD INSURANCE COMPANY
g;J.MM. 0( ~~~
By: Dawn L. Morgan, Attomey-iJ1:.. act
Florida License #PO 11322
Acknowledgment by OWNER:
STATE OF FLORIDA
COUNTY OF 3r() fA} IMI
On this K day of ~ , 2006, personally appeared before me
S~ (~ as 51 'Jl)1t of TOUSA Homes, Inc. dba
Engle Homes Southwest Florida, who being authorized to do so, executed the forego in instrument on behalf of the
corporation for the purposes ~~~~'*"'T~/III~
~ ~ Vth ~/A~~
~~~~.;t.\~SSI~~ :!A"':~
~"v. (,0 ~+. -~~ N t P bl
~ . ~ 4.0~ber l? '\ ~~~ 0 ary u ic
~ . ~o ~ ~.,.. ~
_*. <Il;;: 0._
My Commission ExpireE ., - . _.... . *=
~ t; . S. #00265861 /!! . ~
~:;A"A\ I:::>.~;::-
~ ~ . .",. <%""00""" ~/\. $;j ;::::
~ 'r;- . :~'1Jrance eoo'~~ . & ~
~ ,.0(;. . . . .. ~~ ~
~ 'lIt.;c STA1t \)~ -#
'11111111/ '"1\\"\"'~
16A6
Acknowledgment by SURETY:
ST ATE OF Illinois
COUNTY OF DuPage
On this 8th day of March, 2006, personally appeared before me Dawn L. Morgan as Attorney-in-Fact of Bond
Safeguard Insurance Company, who being authorized to do so, executed the foregoing instrument on behalf of the
corporation for the purposes stated therein. 'I
"")1" .",
) (///1,//"[ y,{i/1J'1/!// \
, /" l..-L.v'-./cA. ~-L.. " ,A oC
Notary Public Melissa Schmidt
My Commission Expires: 06/23/08
OFFICIA~ SEAL
MELISSA SCHMIDT
NOTA'~Y PU6l~' STATE OF ILliNOIS
MY C.JMMISS!ON EXPIRES 06:23/08
POWER OF ATTORNEY
Bond Safeguard
21Jt> A 6
AO
INSURANCE COMPANy
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint:
Michael J, Scheer, James 1. Moore, Christine Woods, Irene Diaz,
Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J, McComb, Melissa Schmidt
"., uutj ana lawtul Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, unde.rtakings or
other writings obligatory in nature of a bond,
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond, $ 2,800,000,00 Two Million Eight Hundred Thousand Dollars
which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such
documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the auth9rlty so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate Seal to be affixed this 7th day of November, 2001.
BOND SAFEGUARD INSURANCE COMPANY
BY
~~
David E. Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed
the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said
corporation.
"OFFICIAL SEAL"
LYDIA J, DE JONG
Notary Public, State of Illinois
My Commission Expires 1/12/07
.. _ . ?~cJ P-Pd-;L
Lydia J. Dejong
Notary Public
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this
8th
Day of
March
20 06
,~
~W,~
Donald D, Buchanan
Secretary
16A6
COLLIER COUNTY LAND DEVELOPMENT CODE
BOND NO. 5021407
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
TOUSA Homes, Inc., dba Engle Homes Southwest Florida,
12550 New Brittany Blvd #101, Ft Myers, FL 33907,
and
Acacia Credit Fund 8-A L.L.C.
123 NW 13th Street, Ste. 300
Boca Raton, FL 33432
(hereinafter referred to as "Owner") and
Bond Safeguard Insurance Company (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 Thirteen
Thousand Four Hundred Seventy Nine and 95/1 00 ($2,413,479.95) 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 Reflection Lakes @ Naples Unit II and that certain subdivision shall include specific
improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development
Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until
the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land
Development Regulations (hereinafter the "Guaranty Period")
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all
claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and
damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension
of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on
this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and
faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 8th day of
March, 2006.
(Owner's witness and signature block)
(Surety's witness and signature block)
(notary and acknowledgment for both Owner and Surety required)
LDCA:6
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16A6
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OWNER
TOUSA HOMES, INC, dba
Engle Hon;eSS?",th'('Florid' '.
By ,~ ~v,c\
OWNER
WITNESSES
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Acacia Credit Fund 8-A L.L.C.
A Delaware Limited Liability Company
Its Managing Member
By: Fund 8-A Management Company, L.L.C.,
A Delaware Limited Liability Company
Its Managing Member
By: Acacia Capital Corporation,
A California Corporation
Its Managing Member
C. ..
By: j~ (' /~----
Its: ~d. V."c,'t t'{L".....rl~
SURETY
BOND SAFEGUARD INSURANCE COMPANY
r-, ~
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, ../ ,tf..uY\. 'Of ~;S;-v-
By: Dawn L. Morgan, Attorne . -Fact
Florida License #PO 11322
Acknowledgment by OWNER:
as
Engle Homes Southwest Florida, who being authorIzed to do s ,execute the foreg
corporation for the purposes stated therein.
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My Commission Expires:
Acknowledgment by SURETY:
STATE OF Illinois
COUNTY OF DuPage
16A6
On this 8th day of March, 2006, personally appeared before me Dawn L. Morgan as Attorney-in-Fact of Bond
Safeguard Insurance Company. who being authorized to do so, executed the foregoing instrument on behalf ofthe
corporation for the purposes stated therein. C'
/ /J /1 (/ I, 1/lt1" (\i.. J 1 11L/,:""
, , I.A~IJ<.il,.)L _ y tv J I lC
Notary ublic Melissa Schmidt
My Commission Expires: 06/23/08
OFFICIAL SEAL
MELISSA SCHMIDT
NOTARY PUBLIC, STAT!: OF IL_INOIS
MY COMMISSION EXPIRES06!23i08
POWER OF ATTORNEY
Bond Safeguard
2 ~ PeA 6
AO
INSURANCE CC;JtPAN'(
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its
principal office in Lombard, Illinois, does hereby constitute and appoint:
Michael J, Scheer, James I. Moore, Christine Wo()ds, Irene Diaz,
Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt
"" lIUtl ,mo lawtul Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, unde,rtakings or
other writings obligatory in nature of a bond,
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond, $ 2,800,000,00 Two Million Eight Hundred Thousand Dollars
which the Company might execute through its duly elected officers, and affix the seal of the Company thereto, Any said execution of such
documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authQrity so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue
to be valid and binding on the Company,
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate Seal to be affixed this 7th day of November, 2001.
BOND SAFEGUARD INSURANCE COMPANY
BY
w~
David E: Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed
the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said
corporation.
"OFFICIAL SEAL"
LYDIA J. DE JONG
Notary Public, State of Illinois
My Commission Expires 1/12/07
L~ ,,1. 7' ~
7 c _-1
,-
-_.-._----~----_. -.---
Lydia J. Dejong
Notary Public
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this _Jlth
Dayof_~h
,20_0...6....
W~W,~
Donald D. Buchanan
Secretary
MEMORANDUM
Date:
March 1, 2006
To:
Cecilia Martin
Planning Services
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
CP-2006-02
Enclosed please find one copy of the above referenced document, (Item
#16A7), approved by the Board of County Commissioners on Tuesday,
February 28, 2006.
If you have any questions, please call me at 774-8411.
Thank you.
Enclosure
16A7
16A7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand del ivered 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
exception of the Chainnan's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. <~- ~ J~j ....../ (lJ \~ \../r-.l...ft~.:.'l-Lle-1',j N.~L 3!/t~j
;,...) C.) . /\..;;--' ,~ )<
LI,:>
2. \ /
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 BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
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
Attached
PRIMARY CONTACT INFORMATION
Phone Number
Agenda Item Number
({.,--,2)
'2 l.Jlo 7
\ '. Number of Original
'-. '\',~\h t 'x ",.,<)..,.t. Documents Attached
a ot1..o -0 ~NSTRUCTIONS & CHECKLIST
1.
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 ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be awa e of our deadlines!
The document was approved by the BCC on nter date) and all changes
made during the meeting have been incorporate in e attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
/l,:f\7
Yes
(Initial)
NI A (Not
A Iicable)
2.
3.
4.
5.
6.
(V\'
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(
(1'V\
JUJ-,
I: Fonns/ County Fonns/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A7
Permit No. 2006-02
PERMIT FOR
CARNIVAL EXHIBITION
STATE OF FLORIDA:
COUNTY OF COLLIER:
WHEREAS, Annie Alvarez, Athletics/Special Events Supervisor, Collier County Parks
and Recreation Department, has made application to the Board of County Commissioners of
Collier County, Florida, for a permit to conduct the annual Country Jam; and
WHEREAS, Ms. Alvarez has presented the Board sufficient evidence that all criteria for
the issuance of a permit to conduct the annual Country Jam, as set forth in Chapter 10, Article II,
CARNIV ALS, of the Collier County Code of Laws and Ordinances, have been satisfied and that
this carnival will be conducted according to lawful requirements and conditions; and
WHEREAS, Ms Alvarez has requested a waiver of the Surety Bond.
NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Annie Alvarez,
Athletics/Special Events Supervisor, Collier County Parks and Recreation Department, to
conduct the annual Country Jam from March 10 through 12,2006, in accordance with the terms
and conditions set forth in the petitioner's application and all related documents, attached hereto
and incorporated herein for Vineyards Community Park, more particularly described in attached
Exhibit A.
The request for waiver of Surety Bond is hereby approved.
WITNE~S my hand ~s Chairman .Of sai~ B~d and Sea~ of said County, attested by the
Clerk of Courts III and for SaId County thIS .1) g day of f2 r t1 d / /, 2006.
. . ,I ' \ " ~ 'r:, I .\, I , I :,' : I I , i ,
ATTESt!' ./,~"q.; ."1:'
DWIGH'f E. BR~~,:'CLERK
,;;,,_/, \4 <".: .J
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA:
(~
By:
~>~/
Frank Halas, ChaIrman
B
....
[--
FOLIO NBR
0000080708195004
"': ~
16A7
PARENT PARCEL PHYSICAL STREET LOCATION
0000000000000000 6231 ARBOR BLVD I NAPLES AREA NORTH
BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP
S-4 1 26 49 05 702400 S-4 14BO
USE CODE
86
CLASS CODE
o
SHORT LEGAL .'
THE VINEYARDS UNIT 3
TRACT "S-4" OR 1468 PG 131
OWNER NAME
COLLIER CNTY
OWNER ADDRESS
3301 TAMIAMI TRL E BLDG F
NAPLES, FL78COX 341124902
FULL LEGAL DESCRIPTION
. THE VINEYARDS UNIT 3
TRACT "8-4" OR 1468 PG 131
~ --
... ..,.....
MILL AREA
181
TOTAL
34.39
ACSC
HDR REF FLAG
XTRA LGL CNT
o
PREVIOUS OWNER
. .'
Exhibit "A"
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MEMORANDUM
Date:
April 5, 2006
To:
Deborah Farris, Property Acquistion Specialist
Transportation Right of Way Department
From
Teresa L. Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-42
Enclosed, please find one (1) copy as referenced above, approved by the Board
of County Commissioners on Tuesday, February 28, 2006 (Agenda Item
#16All)
If you should have any questions, please call me at 732-2646 ext. 7240.
Thank you.
.~
'.1 "..":.
I ~. ..
RESOLUTION NO. 2006- 4/
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE SALE OF PROPERTY
TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION.
WHEREAS, Collier County owns a fee estate in that certain access road right-of-way
recorded in Road Plat Book 3, Page 37, of the Public Records of Collier County, Florida; and
WHEREAS, Collier County, pursuant to the terms of the Agreement recorded on November
17,2005 at O,R. Book 3930, Page 3526, anticipates delivery of Warranty Deeds conveying to it certain
lands located in the Southeast quadrant of the Interstate 1-75 / Immokalee Road interchange, which
lands are more particularly described in Exhibit "A" attached hereto; and
WHEREAS, the Florida Department of Transportation has determined that a portion of the
access road right-of-way recorded in Road Plat Book 3, Page 37, as more particularly described in
Exhibit "B" attached hereto, together with the lands described in the attached Exhibit "A" (all of which
are hereinafter referred to as "County Property"), are necessary for the construction of on and off
ramps to Interstate 1-75 at the Immokalee Road and Interstate 1-75 interchange; and
WHEREAS, the Florida Department of Transportation has made application for
conveyance of said County Property for the construction of on and off ramps to Interstate 1-75 at the
Immokalee Road and Interstate 1-75 interchange; and
WHEREAS, at a public meeting held on February 28, 2006, the Board of County
Commissioners approved the conveyance of said County Property to the Florida Department of
Transportation for construction of on and off ramps to Interstate 1-75 at the Immokalee Road and
Interstate 1-75 interchange; and
WHEREAS, the County Property is not needed for County purposes, and the proposed use of
the County Property for construction of on and off ramps to Interstate 1-75 at the Immokalee Road and
Interstate 1-75 interchange furthers the public and community interest and welfare in accordance with
the requirements of Section 125.38, F.S.; and
WHEREAS, the Board of County Commissioners finds that the proposed sale is in the best
interest of the County and desires to authorize its Chairman to execute statutory deed(s) needed to
complete the subject property transfer to the Florida Department of Transportation.
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The foregoing recitals are adopted and incorporated herein as if fully restated.
2. The Board of County Commissioners of Collier County, Florida, hereby approves the
sale of the County Property described herein to the Florida Department of Transportation in exchange
for payment of $10.00.
3. The Board of County Commissioners of Collier County, Florida, hereby authorizes its
Chairman to execute a statutory deed(s) needed to complete the subject property transfer to the Florida
Department of Transportation, and to execute such other closing documents needed to effectuate this
transfer, after approval by the Office of County Attorney.
4. This Resolution shall take effect immediately upon adoption.
ADOPTED this 28thdayof February
favoring adoption.
16~11
, 2006 after motion, second and majority vote
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
B)~ ~k By: _S::-"<e-~,/
Att- t . Deputy Clerk Frank Halas, Chairman
. ...S It to .cha f N;Vm 5
S iQnatur'f on 111
Approved as to form and
:zt:nc~J ~~
:glIen T. Chadwell
Assistant County Attorney
Item # 1la4lL
Agenda ~ a~\^t
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FP NO. 4063133
SECTION 03175-000
PARCEL 111
Limited Access Right of Way
That portion of the northeast 1/4 of Section 30, Township 48
South, Range 26 East, Collier County, Florida.
Being described as follows:
Commence at the northeast corner of said Section 30; thence
along the north line of said Section 30, South 89008'08" West a
distance of 1,664.55 feet to the survey base line of State Road
93 (I-75); thence along said survey base line, South 00028'42"
East a distance of 1,121.25 feet; thence leaving said survey
base line, North 89031'18" East a distance of 221.76 feet to the
easterly existing limited access right of way line of said State
Road 93 (per Section 03175-2401) and the beginning of a curve
concave southeasterly and having a radius of 3,725.72 feet;
thence along said easterly existing limited access right of way
line the following four (4) courses; l)thence along the arc of
said curve to the right a distance of 369.47 feet through a
central angle of 05040'54" with a chord bearing North 09057'11"
East to the end of said curve; 2) North 12047'40" East a
distance of 426.04 feet; 3) North 51033'29" East a distance of
334.18 feet; 4) North 86054'02" East a distance of 30.00 feet
for a POINT OF BEGINNING; thence continue along said easterly
existing limited access right of way line the following three
(3) courses, 1) North 86054'02" East a distance of 44.56 feet to
the beginning of a curve concave southeasterly and having a
radius of 71.00 feet; 2) thence along the arc of said curve to
the left a distance of 47.53 feet through a central angle of
38021'32" with a chord bearing South 22025'27" West to the end
of said curve; 3) thence South 03014'41" West a distance of
18.01 feet to the end of said courses; thence South 86054'02"
West a distance of 22.47 feet; thence North 03005'58" West a
distance of 60.00 feet to the POINT OF BEGINNING.
Containing 1, 750 square feet. (0.040 Acre)
Together will all rights of ingress, egress, light, air and view
between the grantor's remaining property and any facility
constructed on the above described property.
by:
Wil lam E. Ray P.L.S. #2737
Date: 02-lb...Oh
NOT VALID UNLESS EMBOSSED
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. - F.
MEMORANDUM
Date:
April 5, 2006
To:
Deborah Farris, Property Acquistion Specialist
Transportation Right of Way Department
From
Teresa L. Dillard, Deputy Clerk
Minutes & Records Department
Re:
Statutory Deed
Enclosed, please find one (1) copy as referenced above, approved by the Board
of County Commissioners on Tuesday, February 28, 2006 (Agenda Item
#16A11)
If you should have any questions, please call me at 732-2646 ext. 7240.
Thank you.
PROJECT:
PARCEL:
FOLIO:
00199282807 and 00197920006
Portion of 00198320003 and
Portion of 00197840005
16Al1
nrepareo by: 11 Esqyire
Ell eft T. Chadwt t t Attorney
Office of the Coun 1
3301 East T..i..1 Trail
Naples. Florida 34112
( 941) 774-8400
STATUTORY DEED
THIS DEED, made this ~ day of !f.t,.A ~ ;) " 2006, by COLLIER COUNTY,
a political subdivision of the State of FIOri~i1ing address is 3301 Tamiami
Trail East, Naples, Florida 34112, (hereinafter called the Grantor), to STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, whose address is P.O. Box 1249,
Bartow, FL 33831 (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
See Attached Exhibit "A" which is incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
TOGETHER WITH all rights of ingress, egress, light, air and view between the
Grantor's remaining property and any facility constructed on the above-described
property.
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed in its name by its Board of County Commissioners acting by the Chairman or
Vice Chairman of said Board, the day and year aforesaid.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~>~....
FRANK HALAS, Chairman
~~k
Attest l. to C:'Cj,... [jeputy Clerk
sion.t~ onl~
(OFFICIAL SEAL)
?i2ta Vc:'!: ~;~~'
Iststant County Attorney
Ell... T. c,....n
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FP NO. 4063133
SECTION 03175-000
PARCEL 111
Limited Access Right of Way
That portion of the northeast 1/4 of Section 30, Township 48
South, Range 26 East, Collier County, Florida.
Being described as follows:
Commence at the northeast corner of said Section 30; thence
along the north line of said Section 30, South 89'08'08" West a
distance of 1,664.55 feet to the survey base line of State Road
93 (I -7 5); thence along said survey base line, South 00' 28' 42"
East a distance of 1,121.25 feet; thence leaving said survey
base line, North 89' 31' 18" East a distance of 221. 76 feet to the
easterly existing limited access right of way line of said State
Road 93 (per Section 03175-2401) and the beginning of a curve
concave southeasterly and having a radius of 3,725.72 feet;
thence along said easterly existing limited access right of way
line the fallowing four (4) courses; 1)thence along the arc of
said curve to the right a distance of 369.47 feet through a
central angle of 05"40'54" with a chord bearing North 09'57'11"
East to the end of said curve; 2) North 12'47'40" East a
distance of 426.04 feet; 3) North 51'33'29" East a distance of
334.18 feet; 4) North 86'54'02" East a distance of 30.00 feet
for a POINT OF BEGINNING; thence continue along said easterly
existing limited access right of way line the following three
(3) courses, 1) North 86'54'02" East a distance of 44.56 feet to
the beginning of a curve concave southeasterly and having a
radius of 71.00 feet; 2) thence along the arc of said curve to
the left a distance of 47.53 feet through a central angle of
38' 21' 32" with a. chord bearing South 22' 25' 27" West to the end
of said curve; 3) thence South 03'14'41" West a distance of
18.01 feet to the end of said Courses; thence South 86'54'02"
West a distance of 22.47 feet; thence North 03'05'58" West a
distance of 60.00 feet to the POINT OF BEGINNING.
Containing 1,750 square feet. (0.040 Acre)
Together will all rights of ingress, egress, light, air and view
between the grantor's remaining property and any facility
constructed on the above described property.
by:
Wil lam E. Ray P.L.S. #2737
Date: 02-lb"D~
NOT VALID UNLESS EMBOSSED
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EXHIBIT A
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EXHIBIT A
~o ~G
1682
MEMORANDUM
Date:
March 1, 2006
To:
Margaret Ramos
Adopt - A-Road Coordinator
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
(1) Adopt-A-Road Agreement:
Gabriel Pena- Weichert Realtors Internet Realty Group
Enclosed please find one (1) copy of the document, as referenced above
(Agenda Item #16B2), as approved by the Board of County Commissioners
on Tuesday, February 28,2006.
If you should have any questions, please call me at 774-8411
Thank you.
Enclosure
1682
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
,__.L
THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this .J J day
of~/i~v-\ , 201..'{., by and between Collier County (hereinafter the "COUNTY"), and the
( -
volunteer group, Gabriel Pen a-Weichert Realtors Internet Realty Group (hereinafter the
"GROUP"), whose address is
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Collier Boulevard from US 41 to Grand Lely Drive (the "Adopted
Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following
terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
1682
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance ofthe Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
...,
16B2
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free oflitter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modifY or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnifY
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
"1
1682
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:. ~. .,.
DWIGHTE',:. ~l(ij;..clerk
:;,:>...Q,.... . . ". ",
BY:~.J,;:., ",:. , .fL
~ ".' ~ .. '~..' . .;.... ~1?P' Clerk
~:ltt~st 1J..~iO/ct41 run . s
j~~""~.obly' {."
.~.~. \.!":.~' ~...t..~.l;
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." III "\;....._ _~~,.~
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
.~~g-/
Frank Halas, Chairman
GROUP: Gabriel Pena-Weichert Realtors Internet
Realty Gro~
By: / (--
Name(print): c'c\bi'; L \ Pe..l'\"
Title (print): R~t~Ol~
Phone # (day): . 3({ ;<gC[ ,..3('1"73
Phone # (night): C;lJ1) 303... .;<..3;Z1
form and legal sufficiency:
Item # L (0. b?--
Agenda ;L ....dZ 4
Date
Ii
1688
THIS DOCUMENT PREPARED BY AND
AFTER RECORDING RETURN TO:
Steven M. Falk, Esq.
Roetzel & Andress, LP A
850 Park Shore Drive, 3rd Floor
Naples, FL 341 O}
239-649-6200 ( .1 B)
-----------------------------[SPACE ABOVE THIS LINE FOR RECORDING DATA] -----------------------------
LAKE MAINTENANCE AND DRAINAGE EASEMENT
TIDS LAKE MAINTENANCE AND DRAINAGE EASEMENT (hereinafter the "Easement")
is made this _ day of October, 2005 between PULTE HOME CORPORATION, as Grantor, whose
address is 9148 Bonita Beach Road, Suite 102, Bonita Springs, FL 34135 (hereinafter "Pulte") and
ORANGE BLOSSOM RANCH SOUTH MASTER ASSOCIATION, INC., as Grantee, whose post
office address is 9148 Bonita Beach Road, Suite 102, Bonita Springs, FL 34135 (hereinafter "Master
Association") and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida as
Grantee, whose address is 2800 N. Horseshoe Drive, Naples, Florida (hereinafter "Collier County"),
collectively the "Parties" to this Lake Maintenance and Drainage Easement.
WHEREAS, Pulte is the owner of those certain tracts of land located in Collier County, Florida
(hereinafter the "Easement Property") described in Exhibit "A" attached hereto and made a part hereof;
and
WHEREAS, Master Association is a not-for-profit corporation organized under the laws of the
State of Florida, which is required to maintain the common areas of the subdivision to be known and
platted as "Orange Blossom Ranch South" and "Orange Blossom Ranch Phase I A", respectively.
WHEREAS, Collier County is requiring that this Easement be entered into and recorded of
record to bind Pulte and the Master Association; and
WHEREAS, the Parties wish to establish their respective rights and responsibilities relative to
use and maintenance of this Easement.
NOW, THEREFORE, it is agreed as follows:
I. Pulte, its successors and assigns, hereby grants a non-exclusive easement to Master Association
over and across the Easement Property described in the attached Exhibit "A" for the purpose of lake
maintenance and drainage, with the responsibility for maintenance thereof; and to Collier County which
shall have no responsibility for maintenance thereof.
2. No buildings, structures, or impediments of any nature may be constructed, placed or permitted
on, over or across the Easement Property, except for lake maintenance and drainage purposes, without the
consent of Collier County and as may be permitted, in accordance with applicable law, by the agencies of
Collier County and State and Federal governmental agencies.
3. Master Association shall bear the sole responsibility for and cost of the maintenance of the
Easement Property, including but not limited to regular maintenance as may be required by any
governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be
maintained in accordance with applicable code.
4. Collier County shall have the right of access and use of the Easement Property for the purpose of
inspecting and maintaining same. However, Collier County shall have no obligation to maintain the
Easement Property.
5. This Easement shall run with the land and shall be binding upon and inure to the benefit of all
present and future owners of any portion of the property described in Exhibit "A", and their successors
and assigns, and the Master Association, and its successors, assigns, members, agents and employees, it
being the intention ofthe Parties that this Agreement shall be perpetual.
6. It is acknowledged and agreed that the easements granted under this Easement are not exclusive
easements and shall not limit the rights of Pulte to the use and enjoyment of the Easement Property in a
manner which is not inconsistent with the easement rights granted to herein.
1688
7. Nothing contained in this Easement shall, in any way, be deemed to constitute a gift of or
dedication of any portion of the Easement Property to the general public or for the benefit of the general
public, it being the intention of the parties hereto that this Easement shall be limited to and utilized for the
purposes expressed herein.
8. Master Association (the "Indemnifying Party") will defend, indemnify and hold the other Parties
harmless from and against any and all actions, causes of action, claims, demands, liabilities, judgments,
costs and expenses whatsoever (including, without limitation, attorneys' fees at trial and appellate levels),
arising out of or as a result of the exercise or fulfillment by the Indenmifying Party or any individual or
entity claiming by, through or under the Indemnifying Party, of the Indemnifying Party's rights or
obligations hereunder.
9. No Party shall permit (and shall promptly satisfy or bond) any construction, mechanic's lien or
other lien or encumbrance against the Easement Property, if such lien or encumbrance shall arise in
connection with the exercise or fulfillment by such party (or any individual or entity claiming by, through
or under such Party) of its rights or obligations hereunder.
10. The easements granted hereunder, or any covenant, restriction or undertaking contained herein,
may be terminated or amended only by the recording of an appropriate document in the Public Records,
executed by the Parties hereto or their respective successors and assigns. However, the recordation of a
plat of the Easement Property shall not, in the absence of an express recitation therein describing this
Easement with the recording information and expressly providing for its termination or amendment,
terminate or amend this Easement.
11. No waiver of any breach of the provisions hereof shall be construed as, or constitute, a waiver of
any other breach, or a waiver, acquiescence in or consent to any further or succeeding breach of the same.
12. This Easement shall be interpreted, construed and enforced in accordance with the laws of the
State of Florida.
13. Nothing contained in this Easement shall be deemed or construed, either by the Parties hereto or
by any third party, to create the relationship of principal and agent or to create any partnership, joint
venture or other association between the Parties.
14. In the event a Party brings suit to enforce any provision of this Easement against another Party,
the prevailing party shall be entitled to recover its costs and expens~s (including, without limitation,
reasonable attorneys' fees at trial and appellate levels).
[remainder of page intentionally left blank]
2
1688
IN WITNESS WHEREOF, Grantor and Grantee(s) have hereunto set their hands and seals this
day and year first written above.
Signed, sealed and delivered
In our presence:
Grantor:
PULTE HOME CORPORATION, a Michigan
corporation authorized to do business in the State
of Florida (SEAL)
jt-kiwf~'L
Print Name: fttl(~L /!tlt:AJ/ ~
By:
,
J'Z~~C4.----/
Richard McCormick
Agent and Attorney in Fact
Its:
~/ <---
P{int Name: (J (Y'.. E 1'-: 1) <'
STATE OF FLORIDA )
COUNTY OF LEE )
The foregoing instrument was acknowledged before me this ~ day of October, 2005, by
Richard McCorn1ick, as Agent and Attorney \n Fact for Pulte Home Corporation, a Michigan corporation
authorized to do business in the State of Florida, on behalf of said corporation. He is personally known to
mc.
kYoJ&rJy ElClU8JnSUI PJilPld nJ41 papoog ..4~:JJ!:t-;..
B001: '1^lnr :S31:l1dX3 .~Y':'ia\
vlS~ ao # NOISSII'>lVlOQ A~ \~Y.L...4:j
ssvm 1:l3^110 ',....i..~'t.~,,'
Signature 0 otary Public
My Co Ission Expires: 7 / 110 C(
Grantee:
ml~t:cd~uL
Print Name: /#/c)//fEl... j./t(c,;AJ) ~ (::-:.J
ORANGE BLOSSOM RANCH SOUTH
MASTER ASSOCIATION, INC., a Florida
not-for-profit corporatio<.L'
BY:~O
Edwin . Stac(house
Its: President
~~?~
Prmt Name: e /J r. r' ~ ;" rt /-, 5~ L-
STATE OF FLORIDA )
COUNTY OF LEE )
The foregoing instrument was acknowledged before me this -L/!..'day of October, 2005, by
Edwin D. Stackhouse, President of Orange Blossom Ranch South Master Association, Inc., a Florida not-
for-profit corporation, on behalf of said corporation. He is personally known to me.
(j)' . , OUVERGLASS
ti : MY COMMISSION. 00334514
1il EXPIRES: July 1. 2008
.. Bonded llvu PloNrd '- Agency
3
,..' ,,\1." II ""t
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ATTEST: ',r'" l.-"I~dJ "'/"1,
"'....,..J ......... & ,~"... ,
DWIGHT E.~BRbCK; f~~Ea~
l ".',',:
.~~.... '.;:\-:
. 0- :
r';I '. .
AtttS,t;lt -to: ~ Cha'1 run · s
Ij9Mttir,~~onh .
Approved as to form and
legal sufficiency:
Iff:
/~ V t~Lu/U'~'
Assistant County Attorney
482646
1688
BOARD OF COUNTY COMMISSIONERS OF
COLLIER CO~~A
By: ~ ~.-;"
Frank Halas, CHAIRMAN
COLLIER COUNTY, FLORIDA
4
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THIS DOCUMENT PREPARED BY AND
AFTER RECORDING RETURN TO:
Steven M. Falk, Esq.
Roetzel & Andress, LP A
850 Park Shore Drive, 3,d Floor
Naples, FL 34103
239-649-6200 (i")
____________________________ [SPACE ABOVE THIS LINE FOR RECORDING DATA] ----------------------------
LAKE MAINTENANCE AND DRAINAGE EASEMENT
TillS LAKE MAINTENANCE AND DRAINAGE EASEMENT (hereinafter the "Easement")
is made this _ day of October, 2005 between PUL TE HOME CORPORATION, as Grantor, whose
address is 9148 Bonita Beach Road, Suite 102, Bonita Springs, FL 34135 (hereinafter "Pulte") and
ORANGE BLOSSOM RANCH NORTH MASTER ASSOCIATION, INC., as Grantee, whose post
office address is 9148 Bonita Beach Road, Suite 102, Bonita Springs, FL 34135 (hereinafter "Master
Association") and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida as
Grantee, whose address is 2800 N. Horseshoe Drive, Naples, Florida (hereinafter "Collier County"),
collectively the "Parties" to this Lake Maintenance and Drainage Easement..
I
WHEREAS, Pulte is the owner of that certain tract of land located in Collier County, Florida
(hereinafter the "Easement Property") described in Exhibit "A" attached hereto and made a part hereof;
and
WHEREAS, Master Association is a not-for-profit corporation organized under the laws of the
State of Florida, which is required to maintain the common areas of the subdivision to be known and
platted as "Orange Blossom Ranch North" and "Orange Blossom Ranch Phase IA", respectively.
WHEREAS, Collier County is requiring that this Easement be entered into and recorded of
record to bind Pulte and the Master Association; and
WHEREAS, the Parties wish to establish their respective rights and responsibilities relative to
use and maintenance of this Easement.
NOW, THEREFORE, it is agreed as follows:
I. Pulte, its successors and assigns, hereby grants a non-exclusive easement to Master Association
over and across the Easement Property described in the attached Exhibit "A" for the purpose of lake
maintenance and drainage, with the responsibility for maintenance thereof; and to Collier County which
shall have no responsibility for maintenance thereof.
2. No buildings, structures, or impediments of any nature may be constructed, placed or permitted
on, over or across the Easement Property, except for lake maintenance and drainage purposes, without the
consent of Collier County and as may be permitted, in accordance with applicable law, by the agencies of
Collier County and State and Federal governmental agencies.
3. Master Association shall bear the sole responsibility for and cost of the maintenance of the
Easement Property, including but not limited to regular maintenance as may be required by any
governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be
maintained in accordance with applicable code.
4. Collier County shall have the right of access and use of the Easement Property for the purpose of
inspecting and maintaining same. However, Collier County shall have no obligation to maintain the
Easement Property.
5. This Easement shall run with the land and shall be binding upon and inure to the benefit of all
present and future owners of any portion of the property described in Exhibit "A", and their successors
and assigns, and the Master Association, and its successors, assigns, members, agents and employees, it
being the intention of the Parties that this Agreement shall be perpetual.
6. It is acknowledged and agreed that the easements granted under this Easement are not exclusive
easements and shall not limit the rights of Pulte to the use and enjoyment of the Easement Property in a
manner which is not inconsistent with the easement rights granted to herein.
1
1688
7. Nothing contained in this Easement shall, in any way, be deemed to constitute a gift of or
dedication of any portion of the Easement Property to the general public or for the benefit of the general
public, it being the intention of the parties hereto that this Easement shall be limited to and utilized for the
purposes expressed herein.
8. Master Association (the "Indemnifying Party") will defend, indemnify and hold the other Parties
harmless from and against any and all actions, causes of action, claims, demands, liabilities, judgments,
costs and expenses whatsoever (including, without limitation, attorneys' fees at trial and appellate levels),
arising out of or as a result of the exercise or fulfillment by the Indemnifying Party or any individual or
entity claiming by, through or under the Indemnifying Party, of the Indemnifying Party's rights or
obligations hereunder.
9. No Party shall permit (and shall promptly satisfy or bond) any construction, mechanic's lien or
other lien or encumbrance against the Easement Property, if such lien or encumbrance shall arise in
connection with the exercise or fulfillment by such party (or any individual or entity claiming by, through
or under such Party) of its rights or obligations hereunder.
10. The easements granted hereunder, or any covenant, restriction or undertaking contained herein,
may be terminated or amended only by the recording of an appropriate document in the Public Records,
executed by the Parties hereto or their respective successors and assigns. However, the recordation of a
plat of the Easement Property shall not, in the absence of an express recitation therein describing this
Easement with the recording information and expressly providing for its termination or amendment,
terminate or amend this Easement.
11. No waiver of any breach of the provisions hereof shall be construed as, or constitute, a waiver of
any other breach, or a waiver, acquiescence in or consent to any further or succeeding breach of the same.
12. This Easement shall be interpreted, construed and enforced in accordance with the laws of the
State of Florida.
13. Nothing contained in this Easement shall be deemed or construed, either by the Parties hereto or
by any third party, to create the relationship of principal and agent or to create any partnership, joint
venture or other association between the Parties.
14. In the event a Party brings suit to enforce any provision of this Easement against another Party,
the prevailing party shall be entitled to recover its costs and expenses (including, without limitation,
reasonable attorneys' fees at trial and appellate levels).
[remainder of page intentionally left blank]
2
16B8
IN WITNESS WHEREOF, Grantor and Grantee(s) have hereunto set their hands and seals this
day and year first written above.
Signed, sealed and delivered
In our presence:
Grantor:
PULTE HOME CORPORATION, a Michigan
corporation authorized to do business in the State
of Florida (SEAL)
JIiz/4,L
Print Name: ffll W,qez. f/u@P{t.~
By: !?4t-(.,~
Richard McCormick
Its: Agent and Attorney in Fact
#~
I' ~t?~ ~
Print Name: (. trr(<../-:r,c t)~~-
STATE OF FLORIDA )
COUNTY OF LEE )
f'--.
The foregoing instrument was acknowledged before me this JL day of October, 2005, by
Richard McCormick, as Agent and Attorney in Fact for Pulte Home Corponition, a Michigan corporation
authorized to do business in the State of FlOIida, on behalf of said corporation. He is personally known to
me.
.....~./.::!.... OUVER GLASS
i~iJ:'''f~ MY COMMISSION # DO 334514
~. .:1 EXPIRES: July 1, 2008
~~. '''''. Iloocl8d lhru Plchard 11lIurance AQtf'C'f
,Rr..,"
Grantee:
?/1d~~G
Print Name: M/c>IA-eFl.. HU~/~c::--;J
ORANGE BLOSSOM RANCH NORTH
MASTER ASSOCIATION, INC., a Florida
not-for-profit corporation (SEAL)
By: ~C)/~
-
Edwin D. Stackhouse
Its: President
~~~
Print Name: t' hr..... (?"/i" h <~
--
STATE OF FLORIDA )
COUNTY OF LEE )
The foregoing instrument was acknowledged before me this 11ft... day of October, 2005, by
Edwin D. Stackhouse, President of Orange Blossom Ranch North Master Association, Inc., a Florida not-
for-profit corporation, on behalf of said corporation. He is personally known to me.
.,~~'J::& OUVER GlASS
~f': :~~ MY COMMISSION # DD334514
:. :.J EXPIRES: July 1,2008
do . Iloocl8d lhru Pidlard Insurance Agency
If'lt '
ildDl>
3
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ATTEST~J"...""", ",..'
DWIGl:It'~~~ROCK~4:LERK
: f-:';: ~i ,,:\,:,;:'Ii"~ '~.~~:.. \;.~ ~
By': ~~:. ': I.,.. /[JC-
" ";', ~'.. ,\ .
\, '~~~:~~'''ChI1...an'S
ItgAltvrt'only.
Approved as to form and
legal sufficiency:
kv~
Assistant County Attorney
482646
1688
BOARD OF COUNTY COMMISSIONERS OF
COLLffiR~O~~A
By: ~ ~q./
Frank Halas, CHAIRMAN
COLLIER COUNTY, FLORIDA
4
1688
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3793061 OR: 3989 PG: 4181
RECORDED in OPPICIAL RECORDS of COLLIER COUNTY. PL
02/28/2006 at 03:46PM DWIGHT B. BROCK. CLERK
REC PEB 103.50
THIS DOCUMENT PREPARED BY AND
AFTER RECORDING RETURN TO:
Steven M. Falk, Esq.
Roetzel & Andress, LP A
850 Park Shore Drive, 3rd Floor
Naples, FL 3410}
239-649-6200 ( I B)
1V~H ~ 00 Z 10""" 01.';1
Retn:
TRANS/STORM WATER
INTEROPPICE
HOPE SCHLAGBR
16B8
-----------------------------[SPACE ABOVE THIS LINE FOR RECORDING DATA] ___m_______________________
LAKE MAINTENANCE AND DRAINAGE EASEMENT
TillS LAKE MAINTENANCE AND DRAINAGE EASEMENT (hereinafter the "Easement")
is made this _ day of October, 2005 between PULTE HOME CORPORATION, as Grantor, whose
address is 9148 Bonita Beach Road, Suite 102, Bonita Springs, FL 34135 (hereinafter "Pulte") and
ORANGE BLOSSOM RANCH SOUTH MASTER ASSOCIATION, INC., as Grantee, whose post
office address is 9148 Bonita Beach Road, Suite 102, Bonita Springs, FL 34135 (hereinafter "Master
Association") and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida as
Grantee, whose address is 2800 N. Horseshoe Drive, Naples, Florida (hereinafter "Collier County"),
collectively the "Parties" to this Lake Maintenance and Drainage Easement.
WHEREAS, Pulte is the owner of those certain tracts of land located in Collier County, Florida
(hereinafter the "Easement Property") described in Exhibit "A" attached hereto and made a part hereof;
and
WHEREAS, Master Association is a not-for-profit corporation organized under the laws of the
State of Florida, which is required to maintain the common areas of the subdivision to be known and
platted as "Orange Blossom Ranch South" and "Orange Blossom Ranch Phase IA", respectively.
WHEREAS, Collier County is requiring that this Easement be entered into and recorded of
record to bind Pulte and the Master Association; and
WHEREAS, the Parties wish to establish their respective rights and responsibilities relative to
use and maintenance of this Easement.
NOW, THEREFORE, it is agreed as follows:
1. Pulte, its successors and assigns, hereby grants a non-exclusive easement to Master Association
over and across the Easement Property described in the attached Exhibit "A" for the purpose of lake
maintenance and drainage, with the responsibility for maintenance thereof; and to Collier County which
shall have no responsibility for maintenance thereof.
2. No buildings, structures, or impediments of any nature may be constructed, placed or permitted
on, over or across the Easement Property, except for lake maintenance and drainage purposes, without the
consent of Collier County and as may be permitted, in accordance with applicable law, by the agencies of
Collier County and State and Federal governmental agencies.
3. Master Association shall bear the sole responsibility for and cost of the maintenance of the
Easement Property, including but not limited to regular maintenance as may be required by any
governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be
maintained in accordance with applicable code.
4. Collier County shall have the right of access and use of the Easement Property for the purpose of
inspecting and maintaining same. However, Collier County shall have no obligation to maintain the
Easement Property.
5. This Easement shall run with the land and shall be binding upon and inure to the benefit of all
present and future owners of any portion of the property described in Exhibit "A", and their successors
and assigns, and the Master Association, and its successors, assigns, members, agents and employees, it
being the intention of the Parties that this Agreement shall be perpetual.
6. It is acknowledged and agreed that the easements granted under this Easement are not exclusive
easements and shall not limit the rights of Pulte to the use and enjoyment of the Easement Property in a
manner which is not inconsistent with the easement rights granted to herein.
I
OR: 3989 PG: 4182
7. Nothing contained in this Easement shall, in any way, be deemed to constitute ~iRf?' 8
dedication of any portion of the Easement Property to the general public or for the benefit of the general
public, it being the intention of the parties hereto that this Easement shall be limited to and utilized for the
purposes expressed herein.
8, Master Association (the "Indemnifying Party") will defend, indemnify and hold the other Parties
harmless from and against any and all actions, causes of action, claims, demands, liabilities, judgments,
costs and expenses whatsoever (including, without limitation, attorneys' fees at trial and appellate levels),
arising out of or as a result of the exercise or fulfillment by the Indemnifying Party or any individual or
entity claiming by, through or under the Indemnifying Party, of the Indemnifying Party's rights or
obligations hereunder.
9. No Party shall permit (and shall promptly satisfy or bond) any construction, mechanic's lien or
other lien or encumbrance against the Easement Property, if such lien or encumbrance shall arise in
connection with the exercise or fulfillment by such party (or any individual or entity claiming by, through
or under such Party) of its rights or obligations hereunder.
10. The easements granted hereunder, or any covenant, restriction or undertaking contained herein,
may be terminated or amended only by the recording of an appropriate document in the Public Records,
executed by the Parties hereto or their respective successors and assigns, However, the recordation of a
plat of the Easement Property shall not, in the absence of an express recitation therein describing this
Easement with the recording information and expressly providing for its termination or amendment,
terminate or amend this Easement.
11. No waiver of any breach of the provisions hereof shall be construed as, or constitute, a waiver of
any other breach, or a waiver, acquiescence in or consent to any further or succeeding breach of the same.
12. This Easement shall be interpreted, construed and enforced in accordance with the laws of the
State of Florida.
13. Nothing contained in this Easement shall be deemed or construed, either by the Parties hereto or
by any third party, to create the relationship of principal and agent or to create any partnership, joint
venture or other association between the Parties.
14. In the event a Party brings suit to enforce any provision of this Easement against another Party,
the prevailing party shall be entitled to recover its costs and expenses (including, without limitation,
reasonable attorneys' fees at trial and appellate levels).
[remainder of page intentionally left blank]
2
OR: 3989 PGi 4638 8
IN WITNESS WHEREOF, Grantor and Grantee(s) have hereunto set their hands and seals this
day and year first written above.
Signed, sealed and delivered
In our presence:
Grantor:
PULTE HOME CORPORATION, a Michigan
corporation authorized to do business in the State
of Florida (SEAL)
jt-/?~~&4.L
Print Name: ftt/C~/I"1tNl ~
By:
.
J'Z/Wt{4.--/
Richard McCormick
Agent and Attorney in Fact
Its:
/~ --
P{int Name: t {.... : tee r""--: 17 <'
STATE OF FLORIDA )
COUNTY OF LEE )
The foregoing instrument was acknowledged before me this ~ day of October, 2005, by
Richard McCormick, as Agent and Attorney in Fact for Pulte Home Corporation, a Michigan corporation
authorized to do business in the State of Florida, on behalf of said corporation. He is personally known to
me.
~''''
IooeC\f eauvJll9Ul pJ81P1d 1lJ4J. pepoos , . i'l\. "~.r..
9001: '~ ^,Or :S3l:lldX3 k: '.~
17~SvtC ao # NOISSI~VlO:J A~ ~~J <..;.\i"l
ssvm l:l3A110 ...........
Signature 0 otary Public
My Co Ission Expires: 7/ I /0 '?
Grantee:
J11t~aJ~L
Print Name: /#/c/l/fe[ j/t(EN/f". c-:-U
ORANGE BLOSSOM RANCH SOUTH
MASTER ASSOCIATION, INC., a Florida
nol-for-profit corporatiO~
BY~O
Edwin . StacThouse
Its: President
~~z~.c
Print Name: e 1-, r. (- e--". r /1:> <
ST ATE OF FLORIDA )
COUNTY OF LEE )
The foregoing instrument was acknowledged before me this L~ay of October, 2005, by
Edwin D. Stackhouse, President of Orange Blossom Ranch South Master Association, Inc., a Florida not-
for-profit corporation, on behalf of said corporation. He is personally known to me.
......~~~'f~,,"
.>'"i}.tiJ.>,t:>
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.Rr.,r,\
OUVER GlASS
MY COMMISSION # DO 334514
EXPIRES: July 1. 2008
8000ed ThIlJ Plchard Insurance Agency
3
.:: "f':.:,:.~~t'JI!11
ATIEST: 1,.",1< ;~""'?~df:; ~-i~'i,.
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DWIGHT E.'~nRbCK;~EftJ.<
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Attt-t ',1$ -to: . Ctrl1 run's
11gna~ri 'Ori ",.
Approved as to form and
legal sufficiency:
/iJe
/~ V IJ..Lu/7J___
Assistant County Attorney
482646
OR: 3989 PG: 4184
1688
BOARD OF COUNTY COMMISSIONERS OF
COLLIER CO~~A
By: ~ ~./
Frank Halas, CHAIRMAN
COLLIER COUNTY, FLORIDA
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3793060 OR: 3989 PG: 4175
RBCORDBD in OPPICIAL RBCORDS of COLLIER COUNTY. PL
02/28/2006 at 03:44PM DWIGHT E. BROCK. CLBRK
RBC PBB 52.50
THIS DOCUMENT PREPARED BY AND
AFTER RECORDING RETURN TO:
Steven M. Falk, Esq.
Roetzel & Andress, LP A
850 Park Shore Drive, 3rd Floor
Naples, FL 34103 .
239-649-6200 (/14)
fVLIO ~ tlcL.c1Qft,lIo2-
Retn:
TRANS/STORM WATBR
INTBROPFICB
HOPB SCHLAGBR
16B8
____________________________ [ SPACE ABOVE THIS LINE FOR RECORD IN G D AT A] ----------------------------
LAKE MAINTENANCE AND DRAINAGE EASEMENT
TillS LAKE MAINTENANCE AND DRAINAGE EASEMENT (hereinafter the "Easement")
is made this _ day of October, 2005 between PULTE HOME CORPORATION, as Grantor, whose
address is 9148 Bonita Beach Road, Suite 102, Bonita Springs, FL 34135 (hereinafter "Pulte") and
ORANGE BLOSSOM RANCH NORTH MASTER ASSOCIATION, INC., as Grantee, whose post
office address is 9148 Bonita Beach Road, Suite 102, Bonita Springs, FL 34135 (hereinafter "Master
Association") and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida as
Grantee, whose address is 2800 N. Horseshoe Drive, Naples, Florida (hereinafter "Collier County"),
collectively the "Parties" to this Lake Maintenance and Drainage Easement.
WHEREAS, Pulte is the owner of that certain tract of land located in Collier County, Florida
(hereinafter the "Easement Property") described in Exhibit "A" attached hereto and made a part hereof;
and
WHEREAS, Master Association is a not-for-profit corporation organized under the laws of the
State of Florida, which is required to maintain the common areas of the subdivision to be known and
platted as "Orange Blossom Ranch North" and "Orange Blossom Ranch Phase IA", respectively.
WHEREAS, Collier County is requiring that this Easement be entered into and recorded of
record to bind Pulte and the Master Association; and
WHEREAS, the Parties wish to establish their respective rights and responsibilities relative to
use and maintenance of this Easement.
NOW, THEREFORE, it is agreed as follows:
1. Pulte, its successors and assigns, hereby grants a non-exclusive easement to Master Association
over and across the Easement Property described in the attached Exhibit "A" for the purpose of lake
maintenance and drainage, with the responsibility for maintenance thereof; and to Collier County which
shall have no responsibility for maintenance thereof.
2. No buildings, structures, or impediments of any nature may be constructed, placed or permitted
on, over or across the Easement Property, except for lake maintenance and drainage purposes, without the
consent of Collier County and as may be permitted, in accordance with applicable law, by the agencies of
Collier County and State and Federal governmental agencies.
3. Master Association shall bear the sole responsibility for and cost of the maintenance of the
Easement Property, including but not limited to regular maintenance as may be required by any
governmental agency having jurisdiction relative thereto. The Easement Property shall at all times be
maintained in accordance with applicable code.
4. Collier County shall have the right of access and use of the Easement Property for the purpose of
inspecting and maintaining same. However, Collier County shall have no obligation to maintain the
Easement Property.
5. This Easement shall run with the land and shall be binding upon and inure to the benefit of all
present and future owners of any portion of the property described in Exhibit "A", and their successors
and assigns, and the Master Association, and its successors, assigns, members, agents and employees, it
being the intention of the Parties that this Agreement shall be perpetual.
6. It is acknowledged and agreed that the easements granted under this Easement are not exclusive
easements and shall not limit the rights of Pulte to the use and enjoyment of the Easement Property in a
manner which is not inconsistent with the easement rights granted to herein.
1
OR: 3989 PG: 4176
7. Nothing contained in this Easement shall, in any way, be deemed to constitute a gift } o~ B 8
dedication of any portion of the Easement Property to the general public or for the benefit of the general
public, it being the intention of the parties hereto that this Easement shall be limited to and utilized for the
purposes expressed herein.
8. Master Association (the "Indemnifying Party") will defend, indemnify and hold the other Parties
harmless from and against any and all actions, causes of action, claims, demands, liabilities, judgments,
costs and expenses whatsoever (including, without limitation, attorneys' fees at trial and appellate levels),
arising out of or as a result of the exercise or fulfillment by the Indemnifying Party or any individual or
entity claiming by, through or under the Indemnifying Party, of the Indemnifying Party's rights or
obligations hereunder.
9. No Party shall permit (and shall promptly satisfy or bond) any construction, mechanic's lien or
other lien or encumbrance against the Easement Property, if such lien or encumbrance shall arise in
connection with the exercise or fulfillment by such party (or any individual or entity claiming by, through
or under such Party) of its rights or obligations hereunder.
10. The easements granted hereunder, or any covenant, restriction or undertaking contained herein,
may be terminated or amended only by the recording of an appropriate document in the Public Records,
executed by the Parties hereto or their respective successors and assigns. However, the recordation of a
plat of the Easement Property shall not, in the absence of an express recitation therein describing this
Easement with the recording information and expressly providing for its termination or amendment,
terminate or amend this Easement.
11. No waiver of any breach of the provisions hereof shall be construed as, or constitute, a waiver of
any other breach, or a waiver, acquiescence in or consent to any further or succeeding breach of the same.
12. This Easement shall be interpreted, construed and enforced in accordance with the laws of the
State of Florida.
13. Nothing contained in this Easement shall be deemed or construed, either by the Parties hereto or
by any third party, to create the relationship of principal and agent or to create any partnership, joint
venture or other association between the Parties.
14. In the event a Party brings suit to enforce any provision of this Easement against another Party,
the prevailing party shall be entitled to recover its costs and expenses (including, without limitation,
reasonable attorneys' fees at trial and appellate levels).
[remainder of page intentionally left blank]
2
OR: 3989 PG: 4177
IN WITNESS WHEREOF, GTantor and Grantee(s) have hereunto set their hands and 116.8 8
day and year first written above.
Signed, sealed and delivered
In our presence:
Grantor:
PULTE HOME CORPORATION, a Michigan
corporation authorized to do business in the State
of Florida (SEAL)
J1JtIM~,L
Print Name: JUt . Y1BZ.- fluG'P't:~
By: :24 tt.,.'--:-
Richard McCormick
Its: Agent and Attorney in Fact
~~
Print Name: f. trr:<. I~r, r tI5~-
STATE OF FLORIDA )
COUNTY OF LEE )
fA
The foregoing instrument was acknowledged before me this L day of October, 2005, by
Richard McCormick, as Agent and Attorney in Fact for Pulte Home Corporation, a Michigan corporation
authorized to do business in the State of Florida, on behalf of said corporation. He is personally known to
me.
....~...... OUVER GlASS
l~>>~~ MY COMMISSION II DO 334514
r~ ;'1 EXPIRES: July 1, 2008
~i" ..' . Bonded Thru picI1ard InsU18nc8 Agency
,Rr,,~'
Grantee:
?I1dpJl4G
Print Name: MIC:#~l- H" BUIJ:::F,A)
ORANGE BLOSSOM RANCH NORTH
MASTER ASSOCIATION, INC., a Florida
not-for-profit corporation (SEAL)
By: ~C)/~
.
Edwin D. Stackhouse
Its: President
~~
--
Print Name: (" hr.", ~>i:.I; <;'z-
STATE OF FLORIDA )
COUNTY OF LEE )
The foregoing instrument was acknowledged before me this lit/.... day of October, 2005, by
Edwin D. Stackhouse, President of Orange Blossom Ranch North Master Association, Inc., a Florida not-
for-profit corporation, on behalf of said corporation. He is personally known to me.
.."",..1"",# OUVER GlASS
r:r:il':~ MY COMMISSION II DO 334514
\,; i~: EXPIRES: July 1, 2008
~:Y.;;;~.' Bonded Thru PlcI1erd Insurance Agency
pm",,,
~.
IIt/Df
3
ATTEST~_<.;.~:::.', ~,.'
DWIGf.lt'~:;:~RoCK;'~LERK
. ... ""'..) ~ ~.
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.~jl$~~~ Chainaan's
l.gAltttre"on 1y.
Approved as to form and
legal sufficiency:
~~~
Assistant County Attorney
482646
OR: 3989 PG: 4178
1688
BOARD OF COUNTY COMMISSIONERS OF
COLLIER CO~~A
By: ~ ~./
Frank Halas, CHAIRMAN
COLLIER COUNTY, FLORIDA
4
OR: 3989 PG~ 4179
r"<
\J.
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01:1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING ~ I6C 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T'iF
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is
already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the
checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in 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 information is needed in the event one of the addressees above, including Sue Filson, need to contact stafTfor additional or missing
information. All original documents needing the BCe Chairman's signature are to be delivered to the BeC office only after the BeC has acted to approve the
item.)
Name of Primary Staff Lori Olivier Phone Number 530-5390
Contact
Agenda Date Item was - Agenda Item Number 16C4
Approved by the BCC ' ,-' ~./' .
,/ - " y - i/J
Type of Document .- Number of Original I
Attached Work Order Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be LO
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials,)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's LO
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne.e;otiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's LO
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip LO
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
I: Forms/ County Forms/ BeC Forms/ Original Documents Routing Slip
WWS Original 9.03.04
16C4
,. U. E. e.
r~ \{} ~S
Agreement for Fixed Term Professional Engineering Servjc(~s
Dated September 27, 2005 (Contract #05-3785)
'06 ~~R \ G
WORK ORDER #HS-FT-3785-06-05
T~is Work Order Is fN professional engiree'ing services for worK kl10wn as:
(TItle): NCWR F Capacity Analvsls. Process Enhancement. Modern Ization.
Maximizallon. and Process Optimization Study.
(Reaso., for Prolectl: To ensure reliable capacity to meet the wastewater d1tmands
of Collier County's t:ustomers.
The work i9 9peciliec! ir the proposal dated January 18, 2006 which is attach..::! hereto
and 'I1ade a part 0' t'1is Work Order. In accordance with the Terms and Conditions of
the Agreement referenced above. Work Order /fHS-FT-378S.06-05 is assigned to Hazen
and Sawyer, P.C,
Scope of Work:
(List a'l tasks. Task 1, Task 2, etc.)
Task 1 - Desktop Retate Study
TaSK 2 - Unit Procest Enhancement
Task 3 - Field Testir"
Task <1 - Calibration (f Desktop Study
Task G - Maximize Inlraslructure/Perfolfnance
Task 6 - Final Study Report
Task 7 - Addillonal ServIces Allowance
SChedule of Work: Complete ai' work no later than 48 weeks. from Notice To PrJceed.
Comoensation: In ar:cordance with Arllcle Five of Itle Ag'eement. the COU,lly will
compensate the Firm ir accordance wi!', the negotiated time and material 9mourt
indicated In the schedule below (i' a taSk is tIme and material, SO indicate and )se the
established hourly rae.eIS) as enumerated in Schedule 'A' of tre Agreement) .El!J!.ll
41S-263813-83140o-7500r 1. 414-263614-831400- 750082.
Task 1
Task 2
Task 3
Task 4
(L'st al TasK9)
$ 25,::100.00 Task 5 T&M
$ 20.'.>00.00 Task 6 T&M
$ 35/l00.00 Task 7 T&\I1
$ 15.000.00 Total T&M
T&M
T&M
T&M
T&M
$ 45,000.00
$ 5.000.00
$ 5.000.00
$150.000.00
of this Work Order made subsequent 1(, final
an additiona' servIce and cha'ged ac( "rdlng
REv..I~rllX.
~ '"\ ..,.. ,- 'rt~1
or froiee! Manager
~111()b
... fate I
~c.? f-
Date
,.
, Principal Project Manager
Date:
ATTEST:
(Corporate Secretary) f'""\
By: ?a+:i I UO Q#.VOJ.,.-.:...
V A'tU,,,, c.. OD"ll" I I \I . P.
Type Name anrl Title
By:
Hazen and Sawyer, P.C.
By:
~.
AI h Signature
lI!!.f" ..... ,.. w\., 2-
Type Name and Title
V~&e~,"J~d-
PntFS'~
Bc.c A-PP~\lt3) ..~, iTl>-rY\ IC? C 4
;A -;F ~()h
16C4
ATTACHMENT A
Collier County
County Work Order HS-FT-3785-06-05
North County Water Reclamation Facility
Capacity Rerate, Enhancement/Modernization
and Infrastructure Maximization/Optimization Studies
Date: January 18, 2006
PREAMBLE
The Board of County Commissioners of Collier County (hereinafter COUNTY) requested Hazen and
Sawyer, P.C. (hereinafter CONSUL TANT) to provide engineering services for a Rerate and Plant
Enhancement Study for the North County Water Reclamation Facility (NCWRF).
Following completion of construction for the NCWRF Expansion to 24.1 MGD project in Year 2005,
the NCWRF is rated for a Maximum Month Average Daily Flow of 24.1 MGD. The expanded
NCWRF contains two distinct biological treatment processes. The older (northern) portion of the
plant includes a series of oxidation ditches that provide 7.5 MGD of treatment capacity. The newer
(southern) portion of the plant contains 16.6 MGD of conventional aeration basins each in the two-
stage Modified Ludzack-Ettinger (MLE) process for nitrogen removal. Both the "Oxidation-Ditch"
plant and the "MLE" plant discharge into their respective sets of traveling bridge filters and chlorine
contact basins to meet high-level disinfection reuse requirements. Reuse quality effluent is pumped
by the Reuse Pump Station to reclaimed water customers. "Reject" water not meeting reuse
standards is stored in reject ponds and/or disposed of down on-site deep injection wells. Solids
removed from both portions of the plant are aerated, thickened, dewatered and hauled off-site to the
Okeechobee landfill.
NCWRF process facilities are summarized below:
· Pretreatment Facility with four (4) mechanical screens and three (3) aerated grit chambers.
· Three (3) Oxidation Ditches with mechanical and floating surface aerators.
· Twelve (12) Aeration Basins, each containing jet aeration systems in the anoxic zones and
fine-bubble diffused aeration systems in the aerobic zones. The Aeration Basins are served
by a Blower Building containing three (3) 300 hp and two (2) 150 Hp multi-stage centrifugal
blowers.
· Nine (9) Secondary Clarifiers.
· Four (4) Sludge Pump Stations (for return activated and waste activated sludge).
· Twenty (20) traveling bridge effluent filters.
· Five Chlorine Contact Basins.
· Hypochlorite Storage/Feed Facility.
· Two (2) Aerated Sludge Holding Tanks.
· Two (2) Aerated Sludge Feed Tanks.
· A Dewatering Building with six (6) belt filter presses and ancillary equipment (polymer
system, belt press feed pumps, wash water booster pumps).
HS-FT-3785-06-05 WO Proposal (rerate)
Page 1 of 9
16C4
On April 10, 2001, Collier County entered into a Consent Order with the Florida Department of
Environmental Protection (FDEP). The Consent Order requires the County to construct and place
into operation the following items:
· Complete construction and place into service the "then ongoing" 5-MGD Expansion by
December 1, 2001. Note that the expansion was placed on line on November 2001,
bringing the total NCWRF capacity to 17.1 MGD (MMADF).
· Construct and place into operation Flow Equalization Facilities by February 28, 2003. Note
that facilities were placed into service in February 2003.
· Construct and place into operation an additional 5-MGD Expansion (Annual Average Daily
Flow - AADF) by June 1, 2005. Note that this project became known as the Expansion to
24.1 MGD, and increased the plant capacity by 6.5 MGD on a MMADF basis. Liquid stream
facilities were sequentially placed into operation from January 2005 through April 2005.
Solids Stream facilities are being sequentially placed into operation from November 2005
through February 2006.
· Construct a final (buildout) 5-MGD Expansion (AADF) by the Year 2016. The final
expansion would increase plant capacity by 6.5 MGD on a MMADF basis, to a total capacity
of 30.6 MGD (MMADF).
With the completion of the Liquid Stream portion of the Expansion to 24.1 MGD project, the County
has complied with all NCWRF Consent Order infrastructure projects except for the build-out
expansion.
PROJECT DESCRIPTION
The County has requested a multi-phased evaluation of the North County Water Reclamation
Facility. The study phases are summarized as follows:
1. Capacity Analvsis/Rerate
The Capacity Analysis/Rerate Study will be an analysis of each of the unit processes to
establish its maximum allowable capacity. Design criteria (including influent loading rates
and process parameters) established based on projections under the Expansion to 24.1
MGD design will be re-evaluated based on actual operational data to determine if the rated
capacity of any of the unit processes can be increased.
The Capacity Analysis/Rerate Study will consist of a "desktop" evaluation of each of the unit
processes to establish its maximum allowable capacity based on influent wastewater loading
conditions, effluent permit requirements, accepted process design parameters and Class 1
reliability criteria.
Based on preliminary results from the desktop study, field testing will be conducted to
demonstrate that each of the unit processes can successfully operate over an extended
period of time at designated influent loading conditions and within proposed operating
parameters to produce effluent that meets all permit requirements.
The desktop study will then be "calibrated" using data from field testing to confirm the
maximum allowable capacity of each unit process. A report will then be prepared to (1)
HS-FT-3785-06-05 WO Proposal (rerate)
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16C4
identify the maximum allowable capacity of the overall NCWRF based on the capacities of
individual unit processes; and (2) define preliminary sizing of unit processes required under
the final NCWRF expansion to provide the ultimate build-out capacity of 30.6 MGD
(MMADF).
The potential benefits of the Capacity Analysis/Rerate Study are as follows:
a. If the overall plant capacity rating can be increased, the required start date for the
build-out expansion can be postponed.
b. If any of the unit process capacity ratings can be increased, the scope of work to
expand that process under the build-out expansion can be reduced, resulting in a
corresponding savings in future capital and O&M costs.
c. If the overall plant capacity rating can be increased or if the scope of work of the
build-out expansion can be reduced, the County can present that information to
FDEP in an effort to remove the build-out expansion from the current Consent Order
and accelerate the lifting of the Consent Order from Year 2016 to Year 2007.
2. Unit Process Enhancement and Modernization (Near-Term Improvements)
The Unit Process Enhancement Study will be performed concurrently with the Capacity
Analysis/Rerate Study and will also consist of desktop analysis and field data collection. The
purpose of the Enhancement Study is to thoroughly evaluate each of its processes/facilities
and provide detailed recommendations for enhancement in terms of the following
parameters:
a. Performance and efficiency of unit process
b. Performance and efficiency of individual equipment within each unit process
c. Process control in terms of both operational process parameters and automation
(instru me ntation/SCADA)
The County's intent is to implement "enhancement" recommendations as "Near-Term"
improvements. The purpose and benefit of the Unit Process Enhancement Study is to make
the most efficient use of existing infrastructure.
3. Study to Maximize Plant Infrastructure and Optimization (Long-Term Improvements)
As noted in the "Preamble", the NCWRF contains two distinct treatment processes. The
older (northern) portion of the plant includes a series of oxidation ditches that provide 7.5
MGD of treatment capacity. The newer (southern) portion of the plant contains 16.6 MGD of
conventional aeration basins each in the two-stage Modified Ludzack-Ettinger (MLE)
process for nitrogen removal. The NCWRF has been expanded in a series of capital
projects, as follows:
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16C4
Year Placed Previous Expanded
into Capacity Capacity Major Facilities Added
Operation (MGD) (MGD)
Oxidation Ditch No.2, Clarifiers Nos. 2 & 3, Effluent Filter
1990 1.5 4.5 Set No.1, Sludge Thickener No.1, Sludge Dewatering
Buildina
1995 4.5 7.5 Oxidation Ditch No.3, Clarifiers Nos. 4 & 5, Effluent Filter
Set No.2, Operations Building, Reuse Pump Station
Aeration Basin No.4, Clarifiers Nos. 6 & 7, Effluent Filter
2001 7.5 13.5 Set No.3, Sludge Thickener No.2, Dewatering Building
Exoansion
Aeration Basins Nos. 5 & 6, Clarifiers Nos. 8 & 9, Filter Set
2005 13.5 24.1 Nos. 4 & 5, Aerated Sludge Holding Tanks, Dewatering
Building Expansion, Deep Injection Wells and Pump
Station
Given the changes in wastewater treatment technology since the older portion of the plant
was constructed, the purpose of this portion of the study is to evaluate the older portion of
the plant to maximize usage, performance and efficiency of plant infrastructure. The County
requests that all available options for long-term improvements be considered and screened
for feasibility (technical and cost). The following listing is a representative sample of options
initially discussed with the County to illustrate the scope of work for this phase and is not
intended to be all-inclusive. Options will be developed with input and feedback with County
staff.
a. Should existing processes be eliminated and replaced with alternate processes?
· Example 1 - should the existing Digester/Sludge Holding Tank and associated
blowers (25+ years old) at the north end of the plant be demolished and replaced
with more efficient storage/aeration/pumping facilities?
· Example 2 - should one of the oxidation ditch/clarifier trains be converted to a
Membrane Bioreactor (MBR) process to provide some or all of the required build-
out capacity?
· Example 3 - if one of the oxidation ditches is converted to an MBR process
replaced per Example 2, can the remaining oxidation tanks be used for additional
influent flow equalization, aerated sludge storage or reclaimed water storage?
b. Should existing equipment be replaced with upgraded, more efficient versions?
Examples include mechanical screens, pumps, blowers, air conditioning units,
electrical motor control centers, etc.
Present-worth cost analyses of capital and O&M (power, chemicals, etc.) costs for the
screened options will be performed to provide an economical comparison of each option
against each other and against the baseline present conditions.
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16C4
PROJECT PHASING
Task 1 - Desktop Capacity Analysis/Rerate Study
Task 2 - Unit Process Enhancement and Modernization Study (Near-Term Improvements)
Task 3 - Field Testing for Capacity Analysis/Rerate Study
Task 4 - Calibration and Preparation of Final Capacity Analysis/Rerate Study
Task 5 - Study to Maximize Plant Infrastructure/Performance and Optimization (Long-
Term Improvements
Task 6 - Final Study Report
SCOPE OF SERVICES
TASK 1 - DESKTOP CAPACITY ANAL YSIS/RERATE STUDY
1.1 - Draft Desktop Re-Rate Study
CONSUL TANT will prepare a draft Re-Rate Study report, including design criteria, process
calculations and appropriate exhibits to clearly indicate the considerations involved (including
applicable requirements of all governmental agencies having jurisdiction on the project). The report
will include an evaluation of each of the unit processes to establish its maximum allowable capacity
based on influent wastewater loading conditions, effluent permit requirements, accepted process
design parameters and FDEP Class 1 reliability criteria.
1.2 - In-House OAtOC Review
The draft Re-Rate Study report will receive an in-house QA/QC review prior to submittal to the
COUNTY. The review will consist of comments from senior level staff members with expertise in
wastewater process design.
1.3 - Review with COUNTY
The draft Re-Rate Study report will be distributed to the COUNTY (eight copies) at a workshop
review meeting. This review meeting will serve as a forum for receiving and reviewing COUNTY
input. Based on consensus of proposed process design/operating criteria reached at this workshop
review meeting, the CONSUL TANTand COUNTYwill commence immediately with Task 2 - Field
Testing.
TASK 2 - UNIT PROCESS ENHANCEMENT AND MODERNIZATION STUDY (NEAR-TERM
IMPROVEMENTS)
2.1- Draft Unit Process Enhancement and Modernization Study
CONSUL TANT will prepare a draft study report, including an evaluation of each of the unit
processes to identify recommendations for enhancements to and modernization of process
operation, control and performance.
HS-FT-3785-06-05 WO Proposal (rerate)
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16C4
2.2 - In-House QA/QC Review
The draft study report will receive an in-house QA/QC review prior to submittal to the COUNTY. The
review will consist of comments from senior level staff members with expertise in wastewater
process design.
2.3 - Review with COUNTY
The draft study report will be distributed to the COUNTY (eight copies) at a workshop review
meeting. This review meeting will serve as a forum for receiving and reviewing COUNTY input.
TASK 3 - FIELD TESTING FOR CAPACITY ANAL YSIS/RERATE REPORT
Full-scale testing of process units will be performed in conjunction with normal operation of the
facility. This testing will be performed through operation of various numbers of process units (with
some units out of service, but in standby mode) under generally accepted loading rates. The rate of
flow of influent wastewater to a given unit (or parallel units) that is being tested will be controlled
through adjustment of distribution of flow at the headworks. A project work plan will be developed
that will identify the target loading rates to be tested for each process unit as well as a plan as to
how to control the flow rate to the target process unit to the desired range. This will take into
consideration the influent flow rate during a similar time period the previous two years as well as
recent flow conditions in order to estimate total facility flow during each test.
Prior to each test, an operation and testing protocol will be developed and reviewed with facility
Plant Manager and operations staff. The operation and testing protocol will be revised based on
input of operations staff prior to the test as well as during the test depending on actual conditions.
The operation and testing protocol will include (1) objective of the particular test phase, (2) operation
parameters that will be controlled during the test as well as parameters that will be observed during
each test, (3) criteria that might indicate a failure in operation that may require immediate
modification of test conditions along with contingency plan for restoring normal conditions if
necessary, (4) schedule for length of time to operate under each set of target conditions, (5)
procedures for transmitting operational monitoring data to the Consultant for review, (6) schedule for
regular meetings between operations staff and Consultant staff. Review of process monitoring data
will be performed on an ongoing basis during performance of the test and recommendations for any
adjustments to test conditions that may be desirable will be transmitted to the operations staff during
the test in order to allow collection of suitable data in the most efficient manner possible in as short
amount of time as practical. In addition to collection of data necessary to allow monitoring of the
treatment process to be used in determination of standard treatment parameters (such as
nitrification and denitrification rate coefficients, clarifier surface overflow and solids loading rates,
sludge generation rates) data will be collected with regard to power supply for major equipment such
as blowers and pumps needed for operation under the test conditions. In this manner, factors such
as kW per pound of BOD removed may be determined to allow comparison to alternative treatment
processes.
HS-FT-3785-06-05 WO Proposal (rerate)
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TASK 4 - CALIBRATION OF DESKTOP RE-RATE STUDY
CONSUL TANT will update the draft Capacity Analysis/Rerate Study report (Task 1) based on
results of field testing performed under Task 3. Optimum process parameters verified during field
testing will be input to the Desktop Study and evaluation of each of the unit processes will be
adjusted, accordingly, to confirm its maximum allowable capacity based on influent wastewater
loading conditions, effluent permit requirements, accepted process design parameters and FDEP
Class 1 reliability criteria.
TASK 5 - STUDY TO MAXIMIZE PLANT INFRASTRUCTURE/PERFORMANCE AND
OPTIMIZATION (LONG-TERM IMPROVEMENTS
5.1 - Investigations of Existing Conditions
CONSUL T ANT shall conduct a thorough investigation of the facility, including review of available
drawings; the current operating permit; current and proposed FDEP regulations; the most recent
NCWRF Operations and Maintenance Performance Report (prepared by others under the most
recent permit renewal); plant operations and maintenance records; electrical power consumption
records (from FPL metering and available SCADA data the Electrical Service Building(s). In
addition, the CONSUL TANTshall conduct physical investigations of NCWRF facilities and conduct
interviews with COUNTY personnel.
5.2 - Screening of Initial Options
Based on investigations conducted in Task 5.1, CONSUL TANTwill establish a preliminary outline of
items to be evaluated with regard to potential cost optimization. The outline will include a brief
narrative of each item considered, and a screening to identify which items merit detailed analysis.
This preliminary outline will be reviewed with the COUNTY at a workshop meeting to achieve a
consensus between the COUNTYand CONSULTANTbefore proceeding with Task 4.3.
5.3 - Draft Study
CONSUL TANT will prepare a draft study report, including detailed analyses of potential options
screened in Task 5.2. Analyses will include process calculations and conceptual estimates of
related capital and O&M costs. Following the detailed analyses of all options, recommendations will
be provided as to which items should be pursued.
5.4 - In-House QAlQC Review
The draft Study will receive an in-house QA/QC review prior to submittal to the COUNTY. The
review will consist of comments from senior level staff members with expertise in wastewater
process design and cost estimating.
5.5 - Review with COUNTY
The draft Study will be distributed to the COUNTY (eight copies) for review and comment. A review
meeting will then be conducted to serve as a forum for receiving and reviewing COUNTY input.
HS-FT-3785-06-05 WO Proposal (rerate)
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.16C4
TASK 6 - FINAL STUDY REPORT
Based on review comments received from the COUNTY on the draft Capacity Analysis/Rerate Study
(see Task 1.3); and based on calibration of the Capacity Analysis/Rerate Study (See Task 3); and
based on review comments received from the COUNTY on the draft Enhancement/Modernization
and Long-Term Studies (Tasks 2.3 and 5.5); CONSUL TANTshall prepare the Final Study Report.
Eight (8) hard copies and one electronic copy will be distributed to the COUNTY.
TASK 7 - ADDITIONAL SERVICES
7.1 - Additional Services (as authorized)
Provide additional services, at costs agreed upon by the COUNTY and CONSUL TANT and as
authorized by the COUNTY, which may arise during the course of the work, that are consistent with
the intent of the original work order; but, were not envisioned as part of the original or amended
scope of work and. CONSUL TANTshal1 submit a proposal to perform Additional Services prior to
the performance of the work. The proposal shall include the specific services to be performed, time
to complete, compensation, and an explanation as to why the services were not previously
envisioned as part of the scope of work. The proposed Additional Services must be approved by
the COUNTY'S Project Manager in writing in advance of performance of said Additional Services.
Failure to notify the COUNTY in writing of Additional Services shall be deemed a waiver of any claim
by the CONSUL T ANTthat such services were Additional Services. Additional written authorization
from the COUNTY will be required for any charges that exceed the predetermined upper limit.
ASSUMPTIONS
The following assumptions were made in preparation of the above scope:
1. Any sampling and laboratory testing required to support the Study are not included herein
and will be provided by the COUNTY.
HS-FT-3785-06-05 WO Proposal (rerate)
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16C4
COMPENSATION
The compensation for engineering services provided under this work order shall be on a Time and
Material basis with a not-to-exceed amount of $150,000.00. A cost breakdown by task for
engineering services described in this work order follows:
Description Time and Materials
Not-to-Exceed Fee
Task 1 - Desktop Capacity Analysis/Re-Rate Study $25,000.00
Task 2 - Unit Process Enhancement Study (Near-Term
Improvements) $20,000.00
Task 3 - Field TestinQ 35,000.00
Task 4 - Calibration of Desktop Capacity Analysis/Re-
Rate Study 15,000.00
Task 5 - Study to Maximize Plant Infrastructure and
Performance (Long-Term Improvements) 45,000.00
Task 6 - Final Study Report 5,000.00
Task 7 - Additional Services (Allowance) 5,000.00
Total- Labor and Expenses (Not-to-Exceed) $150,000.00
SCHEDULE
The schedule of completion dates for major work tasks are summarized below:
Description Schedule to Complete
Task 1 - Desktop Capacity Analysis/Rerate Study 10 weeks following Notice-to-Proceed
Task 2 - Unit Process Enhancement Study
(Near-Term Improvements) 20 weeks following Notice to Proceed
Starting after Task 1; completion 30
Task 3 - Field TestinQ weeks following Notice-to-Proceed
Task 4 - Calibration of Desktop Capacity Starting after Task 3; completion 40
Analvsis/Rerate Study weeks after Notice to Proceed
Concurrent with Tasks 1 through 4;
Task 5 - Study to Maximize Plant Infrastructure completion concurrent with Task 4,40
and Performance (Long-Term Improvements) weeks following Notice-to-Proceed
Task 6 - Final Study Report 48 weeks following Notice to Proceed
Note A: Unless otherwise noted.
HS-FT-3785-06-05 WO Proposal (rerate)
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MEMORANDUM
DA TE:
April 4, 2006
TO:
John Curran, Purchasing Agent
Purchasing Department
FROM:
Teresa L. Dillard, Deputy Clerk
Minutes and Records Dept.
RE:
Contract #06-3940
"Wastewater Collections Lift Stations Electrical
Upgrades and Telemetry Additions"
Contractor: E.B. Simmonds Electrical, Inc.
Enclosed are three (3) original documents, as referenced above (Agenda
Item #16C8), approved by the Board of County Commissioners on
Tuesday, February 28, 2006.
Kindly forward the documents to the appropriate parties for their
records. The Finance Department and Minutes & Records Department have
their copies.
If you should have any questions, you may contact me at 732-2646 ext.
7240.
Thank you,
Enclosures (3)
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ITEM NO.:
DATE RECEIVED:
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ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date:
March 27,2006
To:
Robert Zachary
Assistant County Attorney
John currt?f;(!
Purchasin gent
239/417-6 98
From:
Re:
Contract #06-3940 "Wastewater Collections Lift Stations Electrical
Upgrades and Telemetry Additions"
Contractor: E. B. Simmonds Electrical, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on February 28,2006
Agenda Item: 16.C.8
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.
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Memorandum
DATE:
March 27, 2006
Sheree Mediavilla, Senior AnalystQ V
Risk Management Department ~
John currarf!/ )~lc0
Purchasing.f\gent 0 ~
TO:
FROM:
RE:
Review of Insurance for: 06-3940 "Wastewater Collections Lift Stations
Electrical Upgrades and Telemetry Additions"
E. B. Simmonds Electrical, Inc.
This Contract was approved by the BCC on February 28, 2006, Agenda # 16.C.8
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 417-6098
cc: Dennis McGee, PUED
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Wastewater Collections Lift Stations Electrical Upgrades and Telemetry Additions
COLLIER COUNTY BID NO. 06-3940
COLLIER COUNTY, FLORIDA
Design Professional:
RKS Consulting Engineers, Inc
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COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
06-3940 - "Wastewater Collections Lift Stations Electrical Upgrades and Telemetry Additions"
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TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D, AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by RKS Consulting Engineers,
Inc, and identified as follows: Wastewater Collections Lift Stations
Electrical Upgrades and Telemetry Additions. as shown on Plan
Sheets E1 through E22.
EXHIBIT N: Contractor's List of Key Personnel
EXHIBIT 0: Stored Materials Records
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PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Wastewater Collections Lift Station Electrical Upgrades and Telemetry Additions
COUNTY BID NO. 06-3940
Separate sealed bids for the construction of Wastewater Collections Lift Stations
Electrical Upgrade and Telemetry Additions, addressed to Mr. Steve Carnell,
Purchasing Director, will be received at the Collier County Government Complex, 3301
Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida
34112, until 2:30 P.M. LOCAL TIME, on the 1st day of February, 2006, at which time
all bids will be publicly opened and read aloud. Any bids received after the time and
date specified will not be accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 10th
day of January, 2006, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project. All Bidders shall submit all
questions via email toJohnCurran@CollierQov.net. No questions will be accepted after
January 18, 2006 @ 3:00PM. All questions will be answered in an Addendum that will
issued on January 20, 2006 via email to all plan holders. The Engineer's Estimate for
this project is Three Hundred and Twenty Five Thousand Dollars ($325,000.00).
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Wastewater Collections Lift Stations Electrical Upgrades
and Telemetry Additions Bid No. 06-3940 and Bid Date of January 30, 2006". No bid
shall be considered unless it is made on an unaltered Bid form which is included in the
Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-13) shall be removed
from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined at the
Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida
34112.
Copies of the Bidding Documents may be obtained only at the offices of the Purchasing
Department, upon payment of $50.00 for each set of documents to offset the cost of
reproduction. Return of the documents is not required, and the amount paid for the
documents is nonrefundable.
The following plan room services may have obtained copies of the Bidding Documents
for the work contemplated herein:
McGraw-Hili Construction Dodge
2830 Winkler Avenue, Suite 104A
Ft. Myers, FL 33916
GC-PN-1
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Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within One
Hundred and Fifty (150) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 3 day of January, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen Y. Carnell
Purchasing/General Services Director
GC-PN-2
16GB
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1 .6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents,
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-13 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein, The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC-I B-1
J
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder"s maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the one hundred and twenty (120) day period without
selecting any or all alternates, the Owner shall retain the right to subsequently award to
the Successful Bidder said alternates at a later time but no later than one hundred and
twenty (120) days from opening, unless otherwise agreed by the Purchasing Director
and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Right to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
GC-IB-2
16GB
Section 5. Signing of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
GC-IB-3
~ ';
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'.
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.Ii
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
GC-I B-4
16CB
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
GC-IB-5
1 6 [<'~ (;.
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Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as 'The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
GC-IB-6
16
I, '
li ~.J
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or firm
for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is
in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC-I B-7
'-
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
OHJ(;JNAL
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Wastewater Collections Lift Stations Electrical Upgrades and Telemetry Additions
BID NO. 06-3940
Full Name of Bidder E. B. Simmonds Electrical, Inc.
Main Business Address
4406 Exchange Avenue, Suite #105
Place of Business
(same as above)
Telephone No. (239) 643-2770
State Contractor's License # EC0000735
Fax No. (239) 643-6873
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges receipt below:
Addendum
Number
Date Issued
Contractor's
Initials
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
, full payment the sums set forth in the following Bid Schedule:
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
GC-P-1
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BID SCHEDULE
Wastewater Collections Lift Station Elecb1cal Upgrades and Telemetry Additions
Bid No. 06-3940
-
1. Mobilization, Shop Drawings, etc. 1 LS 17.434.00
2. LS-1.01.17 1 LS 19,812.00
3. LS-3.02.25 1 LS 15,137.00
4. LS-3.04.12 1 LS 16,937.00
5. LS-3.04.14 1 LS 16,812.00
6. LS-3.04.15 1 LS 12,512.00
7. LS-3.05.10 1 LS 12,737.00
8. LS-3.05.16 1 LS 13,237.00
9. LS-3.05.17 1 LS 12,512.00
10. LS-3.10.06 1 LS 12,812.00
11. LS-3.12.03 1 LS 12,287.00
12. LS-3.12.04 1 LS 13,302.00
13. LS-3.12.27 1 LS 16,112.00
14. LS-3.13.05 1 LS 14,887.00
15. LS-3.18.06 1 lS 12,012.00
16. LS-3.18.10 1 LS 12,212.00
17. LS-3.18.14 1 lS 15,162.00
18. De-Mobilization/as-built
Documents, etc. 1 LS 17,434.00
TOTAL BID PRICE 263,350.00
.-
TOTAL BID PRICE IN WORDS: Two Hundred Sixty-Three Thousand Three Hundred Fifty
and 00/100 Dollars.
GC-P-2
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MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on
this project. No change will be allowed after submittal of Bid. If substitute material
proposed and listed below is not approved by Engineer, Bidder shall furnish the
manufacturer named in the specification. Acceptance of this Bid does not constitute
acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR
BID WILL BE DEEMED NON-RESPONSIVE.
MATERIAL MANUFACTURER
1.
ElectricaL Devices Square D, Milbank
2.
Surge Suppression Square D
3.
Wire Southwire
4.
Fittings Appleton, Crouse-Hines
5.
Grounding. Erica
Dated
2/1/2006
E. B. Simmonds Electrical, Inc.
~~
BY:
GC-P-3
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LIST OF SUBCONTRACTORS
,The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior
written consent of the Project Manager. The undersigned further acknowledges its
responsibility for ensuring that the Subcontractors listed herein are "qualified" (as
defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal
requirements applicable to and necessitated by the Contract Documents, including, but
not limited to proper licenses, certifications, registrations and insurance coverage. The
Owner reserves the right to disqualify any Bidder who includes non-compliant or non-
qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful
Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is
found to be non-compliant with this requirement either before or after the issuance of
the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE
DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the
undersigned acknowledges and agrees that promptly after the Award of Contract, and in
accordance with the requirements of the Contract Documents, the Successful Bidder
shall identify all Subcontractors it intends to use on the Project. The undersigned
further agrees that all Subcontractors subsequently identified for any portion of work on
this Project must be qualified as noted above.
CateQorv of Work
Subcontractor and Address
1.
Directional Boring
American Boring and Trenching
6560 Pangola Dr.; Fort Myers, FL 33905
2.
II
3.
4.
5.
Dated
2/1/.2006
E. B. Simmonds Electrical. Inc.
#!;:~J-
BY:
GC":P-4
16CB
STATEMENT OF EXPERIENCE OF BIDDER
'-
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
Reference
1.
Wastewater Collections Lift Stations
Electrical Upgrades & Telemetry Additions
Collier County Pub!~c Utilities
Engineering Department - Dennis McGee
2.
(239)530-5347
Electrical Service and Irrigation
Control Cabinets/Collier County
various locations
Collier County ATM
Pam Lulich (239)774-8494
3.
Elelectrical and Communications
Upgrad~s/Collier County various
locations
Collier County Public Utilities
Engineering Department - Dennis McGee
4.
SCADA Upgrade North County Water
Treatment Plant
Corolla Engineering
Richard Haug~ (961)565-4888
5.
Well?jte Improvements
Tamiami Wells 1 thru 5
Collier County Public Utilities
Engineering Department - Dennis McGee
6.
South Count Water Reclaimation
Facility Process Monitoring/SCWRF
Collier County Public Utilities
Engineering Department -,Dennis McGee
Dated 2/.1/2006
E. B. Simmonds Electrical, Inc.
BY:
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GC-P-5
TRENCH SAFETY ACT
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Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF,SY)
Unit
Cost
Unit
(Quantity)
1. N/A
2.
3.
4.
5.
TOTAL $
Extended
Cost
Failure to complete the above may result in the Bid being declared non-responsive.
E. B. Simmonds Electrical, Inc.
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Dated 1/30/2006
BY:
GC-P-6
Mar-23-06 17:19
F rom-Co II i er County Pu rchas i na
239 732 0844
T-049 P,001!002 F-804
lbC8
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of the essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Certificates and Bonds within the required
time period. In the event of such failure, the total amount of Owner's damages, will be
difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and
relinquishes any right which it may have to seek to characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in writing, subsequently notifies the
Contractor of a modified (later) commencement date. The undersigned further agrees to
substantially complete all work covered by this Bid within One Hundred and Twenty~
(120) consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of final
acceptance by the Owner within thirty (30) consecutive calendar days after Substantia .
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfullv Submitted:
State of
County of
, being first duly sworn on
oath deposes and says that the Bidder on the a.bove Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
I also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid; that the statements contained herein are true and correct.
GC~P-7
11 ,<' ,1 B
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(a) Corporation
The Bidder is a corporation organized and
Florida which operates
E. B. Simmonds Electrical, Inc.
officers are as follows:
existing under the laws of the State of
under the legal name of
, and the full names of its
President E. B. Simmonds
Secretary Lyne B. Simmonds
Treasurer Lyne B. Simmonds
Manager E. B. Simmonds
T~---------------------------------------~a~eR~~~~gfre~~~~s
aAa--eeAtFeet&--fef--ih~-e6fflp8ny--by--8dion---of--its--Board--of--eirectors--1akerr
---------------------------------;-a-certified copy-of vvl.id I rs-heretacrttacheo-(strike
Ottt-th~Iast-senterTCe1f-notappiicab Ie). -
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as
follows:
N/A
The co-partnership does business under the legal name of:
N/A
(c) Individual
The Bidder is an individual whose full name is N/ A
and if operating under a trade name, said trade name is
DATED 2/1/2006
legal entity
GC-P-8
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VVrrness Jean Winch
//')_~E~
wrtnep Nyl. Elman
STATE OF Florida
COUNTY OF Collier
16CB
BY:
Simmonds
Inc.
President
Title
The foregoing instrument was acknowledged before me this 2nd day of February
2006, by E. B. Simmonds , as President
of E. B. Simmonds Electrical, Inc. I a corporation. on
behalf of the corporation. He/she is personally known to me or has produced
personallY known as identification
and did (did not) take an oath.
My Commission Expires: 5/25/2009
NOlARY PUBUC-S-W'E OF FLORIDA
~ Sheri McKinley
Commission # D0433867
Expires: MAY 25, 2009
Bonded T1'nl ;\' lamic Bonding Co., Inc.
(AFFIX OFFICIAL SEAL)
NAME:
Sheri McKinley
(Legibly Printed)
Notary Public, State of Florida
Commission No.: DD433867
GC-P-9
16CB
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we N / A
(herein after called the Principal) and
N/A I
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Florida with its principal offices in the city of Naples
and authorized to do business in the State of Florida are held and
firmly bound unto the Thirteen Thousand One Hundred Sixty-Eight Dollars
(hereinafter called the Owner), in the full and just sum of
and 00 /l 00 dollars ($ 13 ., 16 8.00 )
good and lawful money of the United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Project known as (below)
Wastewater Collections Lift Station Electrical Upgrades and Telemetry Additions
Bid No. 06-3940
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 13,168.00 noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
GC-P-10
16CB
'-.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 1st day of February ,2006.
N/A
Principal
BY
(Seal)
Surety
(Seal)
Countersigned
Local Resident Producing Agent for
GC-P-11
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BUSINESS CONTACT INFORMATION
--
E. B. Simmonds Electrical, Inc.
(Firm's Complete Legal Name)
Main Business
4406 Exchange Avenue, Suite 105
(Address)
Naples, Florida 34104-7024
(City, State, ZIP)
Contact Name Lyne Simmonds
Title Controller
Phone No. (239) 643-2770
FAX No. (239) 643-6873
Email address: ebsimmondselectrical@earthlink
***AAAAAAAA***A4444A4444AAAAA**AA4AAAAA4AAAAA*******************AAAAA44AAA4AA.*.4AAAA.*************.
ADDITIONAL CONTACT INFORMATION
Send Payments To
(REQUIRED ONLY if different from above) E. B. Simmonds Elec trical, Inc.
(Company Name used as Payee)
4406 Exchange Ave., #105
(Address)
Naples, FL 34104-7024
(City, State, ZIP)
Phone No. (239) 643-2770
FAX No. (239) 643-6873
Email address:
Contact Name Lyne Simmonds
Title Controller
OffIce Servicing Collier County Account
/Place OrdersIRequest Supplies
(REQUIRED ONLY if different from above)
same
(Address)
(City, State, ZIP)
Contact Name
Title
Phone No.
FAX No.
Email Address:
GC.P-12
16' ,f .
.J"C8
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign In the spaces Indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of Bid bond has been checked, and the Bid bond or
cashiers check has been included.
8. Any addenda have been signed and included.
9. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
06-3940;
Wastewater Collections Lift Station Electrical Upgrades and
Telemetry Additions;
. January 30, 2006 February 1, 2006
12. The Bid will be mailed or. delivered in time to be received no later than the
specified openino date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
B. Simmonds Electrical, Inc.
me
/President
DATE:
2/1/2006
, GC-P-13
16CB
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with E. B, Simmonds Electrical, Inc.
("Contractor") of 4406 Exchange Avenue, Suite # 105, Naples, FL 34104-7024, a
Florida Corporation, authorized to do business in the State of Florida, to perform all
work ("Work") in connection with Wastewater Collections Lift Stations Electrical
Upgrades and Telemetry Additions, Bid No, 06-3940("Project"), as said Work is set forth
in the Plans and Specifications prepared by RKS Consulting Engineers Inc, the
Engineer and/or Architect of Record ("Design Professional") and other Contract
Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto, All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: two hundred sixty-three thousand, three
hundred fifty dollars and zero cents ($263,350.00).
GC-CA-1
~ar-23-06 17:19
F rom-Co I I ier County Purchasini
239 m 0844
T-049 P,002/002 F-804
16ce
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be' accessed via the web at
www.fms.treas.Qov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirements of Section 287.0935, F.S. shall govern the rating and
classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liquidated DamaQes.
A Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within One Hundred and Twenty
(120) calendar days from the Commencement Date (herein "Contract Time"). The date
of Substantial Completion of the Work (or designated portions thereof) is the date
certified by the Design Professional when construction is sufficiently complete, in
accordance with the Contract Documents, so Owner can occupy or utilize the Work (or
designated portions thereof) for the use for which it is intended. Contractor shall ~
achieve Final Completion within Thirty (30) calendar days after the date of Substantial~
Completion. Final Completion shall occur when the Agreement is completed in its
entirety, is accepted by the Owner as camplete and is so stated by the Owner as
completed. As used herein and throughout the Contract Documents, the phrase
"Project Manager" refers to the Owner's duly authorized representative and shall mean
the Division Administrator or Department Director, as applicable, acting directly or
through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, Six Hundred and
Seventy Six Dollars and Twelve Cents ($676.12) for each calendar day thereafter
GC-CA-2
lUl)~J
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, Six Hundred and
Seventy Six Dollars and Twelve Cents ($676.12) for each calendar day thereafter
until Substantial Completion is achieved. Further, in the event Substantial Completion
is reached, but the Contractor fails to reach Final Completion within the required time
period, Owner shall also be entitled to assess and Contractor shall be liable for all
actual damages incurred by Owner as a result of Contractor failing to timely achieve
Final Completion. The Project shall be deemed to be substantially completed on the
date the Project Manager (or at his/her direction, the Design Professional) issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek to characterize
the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions,
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
GC-CA-3
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G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by RKS Consulting Engineers,
Inc and identified as follows: "Wastewater Collections Lift Stations
Electrical Upgrade and Telemetry Additions" as shown on Plan
Sheets 1 through 22.
Contractor's List of Key Personnel
Stored Materials Record
GC-CA-4
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Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
Dennis McGee, Project Manager
Collier County Public Utilities Engineering
3301 East Tamiami Trail
Building H
Naples, FI34112
Tel: 239-530-5347
Fax: 239-530-5378
Email: DennisMcGee@CollierGov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U,S, Mail, E-
mail or Facsimile, addressed to the following:
E. B. Simmonds, President
Simmonds Electrical, Inc.
4406 Exchange Avenue, Suite #105
Naples, FL 34104-7024
Tel: 239-643-2770
Fax: 239-643-6873
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list."
GC-CA-5
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Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
- waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision,
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
GC-CA-6
1 ~r "'~b
. t) L
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion,
****
GC-CA-7
16 ."' . "'....'
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IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
-2--//
FIRST WITNESS
L-R~~__,-J7
Type/Print Name
S~NDW~~~.t'0
r
~ he-ri me K... f n l L~
Type/Print Name
By:
E.D. S.fYImflndc;.! ;)rt\,dcnt
Type/Print Name and Title
Date:
..:3. & .()~
OWNER:
BOARD OF COUNTY
COMMISSIONERS OF
COLLIER COUNTY FLORIDA
~ BY: ~>~---z/
Frank Halas, Chairman
ATTEST:
B :
test as to Cha1~ s
51 gnature oa h"
Approved As To Form
and Legal SUlficie/!
Item # l~e~
A. ,genda '1! '"\ -t'1 ,'.L
Date 0<.. 0.. 0 ,vp
1~
Date
GC-CA-8
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16
BankofAmerica ~
~
Billlk of America
r-3usiness Biinking
FliI- S 17 -040J
L')OI North Tilllliami Trail, Suite 400
Naples, FL 34103
March 8, 2006
Collier County Board of County Commissioners
3301 E. Tamiami Trail BLDG H
Naples, FL 34112
Reference: Wastewater Collections Lift Stations Electrical Upgrades and Telemetry Additions contract
# 06-3940
E.B. SIMMONDS ELECTRICAL INC.
Attention: Purchasing
Dear Collier County Board of County Commissioners:
Bank of America has approved a Letter of Credit for E. B. Simmonds Electrical inc, The beneficiary is
Collier County Board of Commissioners, The Letter of Credit is in the process of completion with our
letter of credit department. At the completion of the letter, it will be delivered directly to Collier County
Board of County Commissioners purchasing department.
Please feel free to contact me with any questions at 888-852-5000 x3640
f)r.:.. .!If I ,y~ 1 In ftr-
N~/u;rlg./ r-" ~
Senior Client Manager
Senior Vice President
USA
CO~0
us Ol';"'lpr Tl'JfTlS
BankofAmerica.
16CB
3ANK OF AMERICA - CONFIDENTIAL
PAGE: 1
DATE: MARCH 21, 2006
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 68011870
BENEFICIARY
COLLIER COUNTY GOVERNMENT
PURCHASING DEPT
3301 E TAM lAM I TR
NAPLES, FL 34112
APPLICANT
E.B. SIMMONDS ELECTRICAL, INC.
4406 EXCHANGE AVE.
SUITE 105
NAPLES, FL 34104
ISSUING BANK
BANK OF AMERICA, N.A.
1 FLEET WAY
PA6-580-02-30
SCRANTON, PA 18507-1999
AMOUNT
NOT EXCEEDING USD 263,350.00
NOT EXCEEDING TWO HUNDRED SIXTY
THREE THOUSAND THREE HUNDRED FIFTY
AND 00/100'S US DOLLARS
EXPIRATION
AUGUST 15, 2006 AT OUR COUNTERS
WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER
68011870 IN YOUR FAVOR.
CREDIT AVAILABLE WITH BANK OF AMERICA, N.A. BY PAYMENT OF
BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON BANK OF AMERICA, N.A..
DRAFTS MUST BE ACCOMPANIED BY:
1. THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY.
PARTIAL DRAWINGS: ARE ALLOWED
DRAFT(S) MUST STATE "DRAWN UNDER BANK OF AMERICA, N.A., STANDBY
LETTER OF CREDIT NUMBER 68011870 DATED MARCH 21,2006."
COMMUNICATIONS WITH RESPECT TO THIS LETTER OF CREDIT SHALL BE IN
WRITING AND SHALL BE ADDRESSED TO US AT, ONE FLEET WAY, SCRANTON PA
18507, ATTN: TRADE SERVICES DEPARTMENT-STANDBY UNIT, PHONE:
1-800-370-7519, SPECIFICALLY REFERRING TO THE NUMBER OF THIS LETTER
OF CREDIT.
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS CREDIT IS ISSUED
SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (ISP98), INTERNATIONAL
CHAMBER OF COMMERCE PUBLICATION NO. 590.
ORIGINAL
Bank of America, N.A. Trade Operations
Mall Code, PA6-580-02-30
1 Fleet Way, 2nd Floor, Scranton, PA 18507
00-35-021lINSB 6-2(X10
BankofAmerica ~.
-BANK OF AMERICA - CONFIDENTIAL
PAGE: 2
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 68011870
IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS
TRANSACTION, PLEASE CALL 800-370-7519
_6n~_~c~~~---
AUTHORIZED SIGNATURE
THIS DOCUMENT CONSISTS OF 2 PAGE(S).
ORIGINAL
Bank of America, N.A. Trade Operations
Milll Code: PA6-5BO-02-30
1 Fleet Way. 2nd Floor, Scranton. PA 18507
OO,35-020j NSB 6-2000
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ACORDT" CERTIFICATE OF LIABILITY INSURANCE I DATE 1..mc1YVYY1
03130106
PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE OOES NOT AMEND, EXTEND OR
4100 Goodlette Road N, #100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103 -3303 I INSURERS AFFORDING COVERAGE
239261.3646 NAIC #
INSURED NSURER A FCCllnsurance Company
E. B. Simmonds Electrical, Inc. INSURER B Brldgefleld Employers Insurance Comp
4406 Exchange Avenue, #105 ~URER C
Naples, FL 34104 INSURER D'
INSURER E:
I-rom: FAXmaker
Clientlf: 36782
To: Georgina
Page 2/4
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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,
L TR NsRi TYPE OF INSURANCE POLICYNutBER OA,i~ P~&~ UNrrs
A ~N~RAL LIABILITY CPPOOO34153 03101106 03101/07 EACH OCCURRENCE $1 000 000
X- '~MERCIAL GENERAL LIABLITY DAMAGE TO RENTED S1 00 000
CLAIMS MADE [i] OCCUR MED EXP (Any 0'" p....on) $5 000
X PO Oed:500 PERSONAL & />l)V INJURY $1 000000
GENERAlAGGREGIITE $2 000,000
n~ AGGREGATE L",AIT APPLIES PER PRODUCTS. COUPIOP AGG $2 000.000
POLICY n ':f?i n LOC
A AUTONOBLE UA8IUTY CAOO042263 03/01106 03/01/07 COMBIIIED SINGLE LIMIT
~ ANY AUTo fEa aodden!) $1,000,000
, ALL OWNED AUTOS BODL Y INJURY
f-- I $
SCHEDULED AUTOS (Per p....son)
I--
~ HIRED AUTOS BODL Y INJURY
$
~ NON-oWNEO AUTOS (Per acdd~t)
- PROPERTY DA/oAAGE $
(P", aCCld",,')
~RAG~ LIABILITY AUTO ctlL Y - EA ACCIDENT $
ANY AUT 0 OTHER THAN EA ACC $
AUTOctlL y, AGG $
A .!!,CE6W"RB.LA LIABILITY UMB00021053 03101106 03/01107 EACH OCCURRENCE $2 000 000
~ OCCUR 0 ClANSMAOE AGGREGATE $2 000 000
$
~ DEDUCT18LE $
X RETENTION $ 10000 $
B WORKERS COMPENSA.TION AND 83015343 04/01106 04/01/07 X I T~:;r:M,~ I IOJ:r
EMPLOYERS'LlA!lILITY
ANY PROPRETORIPAATNERiEXECUTl1/E E,L, EACH ACCIDENT $500 000
OFFICERIMEMBER EXCLUDED" EL, DISEASE. EA EMPLOYEE $500,000
II yes. dMtribe under
SPE CIA!. f'R<NISIONS bel"" EL, DISEASE. POLICY UNIT $500 000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I ~1CLf.S I EXCLUSIONS ADDED BY ENDORSEMl:NT I SPECIAL PROVISIONS
Umbrella Policy extends limits of General Liability, Commercial Auto, & Workers'
Compensation.
Re: Contrad #06-3940 "Wastewater Collections Lift StatIons Electrical Upgrades and
Teleinrty Additions"
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCEUATION
SHOULD ANY OF THE 1\8011E DE6CRlBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Collier County Board of DATE THEREOF, THE ISSUING INSURER WILL ENDEA.VOR TO IItAL -300- OAYSWRrrTEN
Commissioners NOTICE TOTHE CERTFICATE HOLDER NA.IIED laTHE LEFT, BUT FAILURE TODD SO SHALL
3301 East Tamlaml Trail IMPOSE: NO OIll.IGATlON OR LIII8LlTY OF ANY KIND UPON THE INSURER, ITS A.GENTS OR
Naples, FL 34112 REPRESENTATIVE&.
IIh~ REPRfSENTATM
, A, "i -.e.....~....
ACORD 25 (2001/011) 1 013
lYS284220/M28<t216
CAH
@ ACORD CORPORATION 1988
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ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDDfVYVY)
02/24/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
.A100 Goodlette Road N, #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.ples, FL 34103 -3303
239 261-3646 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: FCCllnsurance Company
E. B. Simmonds Electrical, Inc. INSURER B: Bridgefield Employers Insurance Comp
4406 Exchange Avenue, #105 INSURER C:
Naples, FL 34104 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,
LTR NSRr TYPE OF INSURANCE POLICY NUMBER PJ>,k+~~J~~~&W\E p~~lfJ (~~/'Ct~~N LIMITS
A GENERAL LIABILITY CPPOO034152 03/01/06 03/01/07 EACH OCCURRENCE $1 000 000
- DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY $100 000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $5 000
X. PD Ded:500 PERSONAL & ADV INJURY $1 000 000
GENERAL AGGREGATE $2 000 000
-
~'L AGGREAE LIMIT APPlS PER: PRODUCTS - COMP/OP AGG $2 000 000
PRO-
POLICY JECT LOC
A ~TOMOBILE LIABILITY CAOO042262 03f01/06 03f01/07 COMBINED SINGLE LIMIT
X. ANY AUTO (Ea accident) $1,000,000
- ALL OWNED AUTOS BODIL Y INJURY
$
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODIL Y INJURY
$
~ NON-OWNED AUTOS (Per accident)
-
~ PROPERTY DAMAGE $
(Per accident)
RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
OESSfUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND 83015343 04f01f05 04f01/06 X I T~2;;r~Wsl 10Jbl-
EMPLOYERS' LIABILITY EL EACH ACCIDENT $500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $500,000
If yes, describe under EL DISEASE - POLICY LIMIT $500,000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS
010, 3q l.( 0
CERTIFICATE HOLDER
L
CANCELLATION
ACORD 25 (2001/08) 1 of 2
#M281301
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --10..- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
~, A,.t)~
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@ ACORD CORPORATION 1988
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY GOVT. CENTER
3301 TAMIAMI TRAIL E.
NAPLES, FL 34112
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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 25-5 (2001108)
2 of2
#M281301
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EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following minimum
requirements with the use of Insurance Services Office (ISO) forms and endorsements or their
equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed
minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and
amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial
responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits specified
herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of commencement of the
Work until the date of completion and acceptance of the Project by the Owner or as specified in this
Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner
within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that
Contractor has acquired and put in place the insurance coverages and limits required hereunder. In
addition, certified, true and exact copies of all insurance policies required shall be provided to Owner,
-on a timely basis, if requested by Owner.
t5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of
policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor
shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor
from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor
hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance
program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or
agreement by the Owner that the insurance requirements have been satisfied or that the insurance
policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in this
Section unless such insurance requirements for the Subcontractor are expressly waived in writing by
the Owner.
(0) Should at any time the Contractor not maintain the insurance coverage's required herein, the
mer may terminate the Agreement or at its sole discretion shall be authorized to purchase such
GC-CA-B-1
161;tj
~.coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse
Nner for such costs within thirty (30) days after demand, Owner has the right to offset these costs
from any amount due Contractor under this Agreement or any other agreement between Owner and
Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverage's purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or
replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their
expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be
considered justification for the Owner to terminate the Agreement.
(11) All insurance policies required by this Agreement shall include the following provisions and
conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers Compensation
policies, provided by Contractor to meet the requirements of this Agreement shall name
Collier County, Florida, as an additional insured as to the operations of Contractor under
this Agreement and shall contain a severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse against
Owner for payment of premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or self-
insurance program carried by Owner applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by Contractor shall not apply to any
insurance or self-insurance program carried by Owner applicable to this Project.
11.4, The Certificates of Insurance, which are to be provided on the form set forth in
Attachment I to this Exhibit B, must identify the specific Project name, as well as the site
location and address (if any).
11.5, All insurance policies shall be fully performable in Collier County, Florida, and shall be
construed in accordance with the laws of the State of Florida,
11,6. All insurance policies to be provided by Contractor pursuant to the terms hereof must
expressly state that the insurance company will accept service of process in Collier
County, Florida and that the exclusive venue for any action concerning any matter
under those policies shall be in the appropriate state court situated in Collier County,
Florida.
WORKERS' COMPENSA liON AND EMPLOYERS' LIABILITY
I2P.quired by this Agreement? ~ Yes _ No
GC-CA-B-2
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_11) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
ontractor during the term of this Agreement for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall
not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the policy shall be
so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where
applicable to the completion of the work. (check one)
o Applicable X Not Applicable
~4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the
work. (check one)
o Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? X Yes _ No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage,
Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form
Property Damage including Completed Operations and Products and Completed Operations
Coverage, Limits of Liability shall not be less than the following:
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$ 300,000
$ 300,000
$ 300,000
$ 300,000
$ 50,000
X_ General Aggregate
$ 500,000
GC-CA-B-3
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
16GB
$ 500,000
$ 500,000
$ 500,000
$ 50,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall be
endorsed using the following endorsement wording. "This endorsement modifies insurance provided
under the following: Commercial General Liability Coverage Part. The General Aggregate Limit
under LIMITS OF INSURANCE applies separately to each of your projects away from premises
owned by or rented to you."
La) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such
Jerage shall be primary to any similar coverage carried by the Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the
completion of the work under this Agreement. (check one)
D Applicable X Not Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
D Applicable X Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do
business in the State of Florida and in Collier County, property insurance in the amount of the initial
Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons
and entities who are beneficiaries of such insurance, until final payment has been made or until no
oerson or entity other than the Owner has an insurable interest in the property required to be covered,
GC-CA-B-4
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_whichever is earlier. This insurance shall include interests of the Owner, the Contractor,
ubcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover
reasonable compensation for Professional's services and expenses required as a result of such
insured loss. At the Owner's option, flood and windstorm insurance will also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for
any deductible associated with the all-risk policy described above shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents. The responsibility of the Contractor for any deductible associated with the flood or
windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of
$5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract
Documents.
(4) This property insurance shall cover portions of the Work stored off the site after written
approval of the Owner at the value established in the approval, and also portions of the Work in
transit.
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law, which
shall specifically cover such insured objects during installation and until final acceptance by the
-Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors
Id Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the
Design Professional, and Design Professional's subconsultants, for damages caused by fire or other
perils to the extent of insurance proceeds actually received by Owner under property insurance
obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made
payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? 1L Yes _ No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership,
maintenance or use of any owned, non-owned or hired vehicle with limits of not less than:
Bodily Injury & Property Damage - $ 500,000
J<_ Bodily Injury & Property Damage - $1,000,000
GC-CA-B-5
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Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if
so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability,
and Automobile Liability coverage's and shall include all coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of any
underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as
primary insurance.
GC-CA-B-6
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EXHIBIT C
RELEASE AND AFFIDAVIT FORM
..;OUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated , 2006 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for
labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from
all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the
performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No,
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2005, by
, as 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
Commissioner No.:
GC-CA-C-1
16
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EXHIBIT D
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Time:
Revised Contract Time:
%
%
Original Contract Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
JNTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount .................. ,.......... ......... ...........'",...... $
Sum of previous Change Orders Amount ............................,..........$
This Change Order Amount ........,., '.,..,... ...... .... ........ ..... ,.,............. $
Revised Agreement Amount....,... ................... ...................... ........., $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same tenns and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by:
Date:
Project Manager
Recommended by:
Date:
Design Professional
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Authorized by:
Division Administrator
Date:
(For use by Owner: Fund
Number: )
Cost Center:
Object Code:
Project
GC-CA-E
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1':'..:.1 :1 11
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EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No,
PROJECT:
Design Professional's Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents, The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-1
16Cp
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the
Contract Documents.
Executed by Design Professional on
,2006
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2006
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2006
OWNER
By:
Type Name and Title
GC-CA-F-2
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EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No,:
Date:
,2006
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days,
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5, As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8, Certificate of Substantial Completion issued on
9, Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14, Vendor Evaluation
15. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation,
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
GC-CA-G-1
By Design
Professional:
By Owner:
GC-CA-G-2
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(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
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EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1,2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
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those affecting transportation, access, disposal, handling and storage of materials;
availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractor's compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in the Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractor's receipt of Owner's written determination notice, If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
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3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday
through Saturday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order, Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date, Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each subsequent Application for Payment, Contractor also shall
complete and submit to Owner as part of its Application for Payment, the Stored
Materials Record attached hereto and made a part hereof as Exhibit O.
4.4 Contractor shall submit four (4) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218,735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner. The Project Manager shall have the discretion to establish, in writing, a
schedule to periodically reduce the percentage of cumulative retainage held through out
the course of the Project schedule. Owner reserves the right to reduce the amount of
the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing
Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
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5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
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substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby,
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
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8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services, All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
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faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision. This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
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9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
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sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim.
Claims not settled by the aforesaid procedure, shall be resolved according to the
Dispute Resolution Procedure copies of which are available in the County Attorney's
Office or Purchasing Department. All Claims shall be priced in accordance with the
provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
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or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
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for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
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bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractor's subcontracts and purchase orders, and complete all or any portion
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of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below,
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
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notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
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they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractor's certification that the Work has been
completed in accordance with the terms and conditions of the Contract Documents, that
the entire balance found to be due Contractor is due and payable. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
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the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22,6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
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23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Builder or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
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23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
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Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shall re-establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment the storage of materials and
equipment and the operations of workers to the Project site and land and areas
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identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, Jaws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
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28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work, During the prosecution of the Work,
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the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (OS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor
shall comply with and fully implement the sales tax savings program with respect to the
Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
GC-CA-H-24
1 O.l ,~'l, ('}
vO
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreementy
GC-CA-H-25
.,
.JrI.
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor. if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner will be an additional insured on
all liability insurance policies required to be provided by the Subcontractor except
workman's compensation and business automobile policies, (5) assign all warranties
directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the
subcontract or purchase order. Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall
similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work, The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
GC-CA-H-26
16CB
33.6 Unless otherwise expressly waived by OWner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6,3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1 .4
34.1,5
34.1.6
34.1.7
34.1.8
34.1.9
34,1.10
34.1.11
34.1.12
34,1,13
34.1.14
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
GC-CA-H-27
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1,23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34,1.32
',;\
",
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Builf' Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
GC-CA-H-28
16C8
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
a. The Notice to Proceed will be issued only after the following documentation
has been submitted to Owner:
a. Complete contractual documents, including payment and performance
bonds and insurance certificate;
b. Progress schedule, which shall utilize the Critical Path method of
scheduling and Microsoft Project;
c. Submittal schedule;
d. Draw (funding) Schedule, which shall consist of a monthly projection of
the value of the work to be completed and materials stored for the entire
duration of the project;
e. Safety Program/Risk Management Program;
f. Quality Assurance/Quality Control Program; and
g. Security Plan
2. The CPM Schedule and Draw Schedule shall be updated monthly and
submitted with each Contractor Application for Payment. If both items are not
submitted with Application for Payment, that payment will be withheld until
both items are received and accepted by the Owner and Engineer.
GC-CA-I-1
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EXHIBIT J
TECHNICAL SPECIFICATIONS
GC-CA-J-1
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DIVISION 16 - ELECTRICAL INDEX
Collier County Utilities Lift Station Electrical Upgrades
GENERAL PROVISIONS
16015 Electrical Reference Symbols
16020 Work Included
16025 Codes, Fees, & Standards
16040 Identification
16050 Special Requirements
BASIC MATERIALS & METHODS
16110 Raceways and Conduits
16120 Wires and Cables
16170 Disconnects
16410 Electric Service
16450 Grounding
1.01 SYMBOLS
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SECTION 16015
ELECTRICAL REFERENCE SYMBOLS
A. In general the symbols used on the drawings conform to the Standard Symbols of
the Institute of Electrical and Electronic Engineers with the exception of special
systems or agencies as hereinafter noted or as shown in schedules or legends.
1.02 ABBREVIATION
A. The following abbreviations or initials are used.
NC
A.C.
AFF
AFG
AHU
AIC
AL
AMP
ANSI
ASA
ATS
AUX
AWG
b.c.
BIL
BKR
DC
CAB
C.
C.B.
CBM
CFM
CKT.
Clg.
CONDo
Conn.
CPU
CRT
CSP
CSTC
C.T.
CU.
C.W.
D,C.
Deg.
Disc.
D.O.
DN.
DPST
October 1 g, 2005
Air Conditioning
Altemating Current
Above Finished Floor
Above Finished grade
Air Handler Unit
Amps interrupting Capacity
Aluminum
Ampere
American National Standards Institute
American Standards Association
Automatic Transfer Switch
Auxiliary
American Wire Gauge
Bare Copper
Basic Impulse Level
Breaker
Degrees Centigrade
Cabinet
Conduit or Conductor
Circuit Breaker
Certified Ballast Manufacturers
Cubic Feet per Minute
Circuit
Ceiling
Conductor
Connection
Central Processing Unit
Cathode Ray Terminal
Closed Standpipe (Sprinkler)
Communications System Terminal Cabinet
Current Transformer
Copper
Cold Water
Direct Current
Degree
Disconnect
Draw Out
Down
Double Pole Single Throw
16015-1
Collier County Utilities
Lift Station Electrical Upgrades
E.C.
EEPTS
EMT
E.O.
ESIC
of
FLA
FM
FPS
FT.
FZ
GFI
gnd.
Horiz.
hp.,
hr.
I/C
ICU
IEEE
IES
IMC
in.
IPCEA
J.B.
KV
KVA
KW
LBS
LED
It.
Itg.
max.
MCB
MCP
MIC
min.
M.L.O.
MPH
MTD
MUX
MVA
N.
NEC
NECA
NEMA
NFPA
NIC.
NF
No.
0/
O.L.
OLS
October 19, 2005
16CB
Electrical Contractor
Elevator Emergency Power Transfer Switch
Electric Metallic Tubing
Electrically Operated
Elevator/Systems I nterface Cabinet
Degrees Fahrenheit
Full Load Amperes
Factory Mutual
Feet per Second
Feet
Fire Protection Zone (Sprinkler)
Ground Fault Interrupting
Ground
Horizontal
Horsepower
Hour
Intercom
Intensive Care Unit
Institute of Electrical and Electronic Engineers
Illuminating Engineering Society
Intermediate Metallic Conduit
Inches
Insulated Power Cable Engineers Association
Junction Box
Kilovolt
Kilo-Volt-Amps
Kilowatts
Pounds
Light Emitting Diode
Lig ht
Lighting
Maximum
Main Circuit Breaker
Motor Circuit Protector
Microphone
Minimum
Main Lugs Only
Miles Per Hour
Mo unted
Multiplex (Transponder) Panel
Mega Volt Amps
Neutral
National Electric Code
National Electrical Contractors Association
National Electrical Manufacturers Association
National Fire Protection Association
Not in Contract
Non Fused
Number
Phase
Overload
Overloads
16015-2
Collier County Utilities
Lift Station Electrical Upgrades
16CB
OSHA Occupational Safety and Health Act
OS&Y Outside Screw and Yoke (Sprinkler)
P. Pole
PB Pullbox
Ph. Phase
PNL Panel
PR Pair
PWR Power
PF Power Factor
Pri. Primary
psi Pounds Per Square Inch
P.T. Potential Transfonner
PVC Polyvinyl Chloride
RMS Root-Means-Square
RPM Revolutions Per Minute
Recept. Receptacle
RSTC Radio/Sound Tenninal Cabinet
RTD Resistance Temperature Device
SCA Short Circuit Amps
Sec. Secondary
SIN Solid Neutral
SPKR Speaker
SPST Single Pole Single Throw
SW. Switch
SWBD Switchboard
TEL Telephone
TSP Twisted Shielded Pair
TTB Telephone Terminal Board
TTC Telephone Terminal Cabinet
TYP Typical
temp. Temperature
U.L. Underwriters Laboratories
UNO (U.N.O.) Unless Noted Otherwise
V Volt
VFC VARIABLE FREQUENCY CONTROLLER
VFD VARIABLE FREQUENCY DRIVE
W Wire
W. P. Weatherproof
END OF SECTION
October 19, 2005
16015-3
Collier County Utilities
Lift Station Electrical Upgrades
16CB
SECTION 16020
WORK INCLUDED
1.01 DESCRIPTION OF SYSTEM
A. The work required under this Division shall include all materials, labor and auxiliaries
required to install a complete and properly operating electrical system.
B. The electrical system required under this Division consists basically of, but is not
limited to the following:
1. Modifications to distribution system for power including feeders and service
meter.
2. Grounding system and special grounds as required or noted.
3. Power Surge Suppression systems.
4. Concrete work for pad mounted equipment, etc.
5. Electrical testing of installed equipment.
6. Walkthrough of the sites prior to start of work with Frank Inzano of Public
Utilities Engineering and Tom Stiers of Collier County Collections to
demonstrate clear understanding of the scope of work.
7. Temporary power as required to maintain operation ofthe station throughout
construction.
END OF SECTION
October 19, 2005
16020-1
Colfier County Utilities
Lift Station Electrical Upgrades
tft //>
SECTION 16025
CODES, FEES, AND STANDARDS
PART 1 - GENERAL
1.01 CODES AND FEES
A. Install in accordance with latest edition of the National Electric Code and the
regulations of governing local, State, County and other applicable codes, including
the Utilities Company. Pay for all required licenses, fees and inspections. All articles,
products, materials, fixtures, forms or types of construction covered in the
specifications will be required to meet or exceed all applicable standards of
manufacturer, testing, performance, capabilities, procedures and installation
according to the requirements of ANSI, NEMA, IEEE, and NEC referenced
documents where indicated and the manufacturer's recommended practices.
Requirements indicated on the contract documents, which exceed but are not
contrary to governing codes shall be followed.
B. Compliance and Certification: The installation shall comply with the governing state
and local codes or ordinances. The completed electrical installation shall be
inspected and certified by all applicable agencies that it is in compliance with all
codes. Utility Company: Comply with latest utility company regulations.
C. All work and equipment under this Division shall be in strict compliance with the
latest edition of the following codes and standards:
1. Life Safety Code - NFPA 101
2. National Fire Protection Association (NFPA)
3. National Electrical Code - NFPA 70; 2002
4. National Electrical Safety Code (NBS Handbook).
5. Requirements of Local Power Company.
6. Florida Building Code 2003
1.02 STANDARDS
A. All materials shall be new and free of defects, and shall be U.L.listed, bear the U.L.
label or be labeled or listed with an approved, nationally recognized Electrical
Testing Agency. Where no labeling or listing service is available for certain types of
equipment, test data shall be submitted to prove to the Engineer that equipment
meets or exceeds available standards.
1.03 UTILITY COMPANY FEES, CHARGES, COSTS
A. It is the contractor's responsibility to contact the required Utility Company to
determine if any fees, charges or costs will be due the Utility Company, as required
by the Utility Company for temporary power, installations, hook-ups, etc. This fee,
charge or cost shall be included in this contractor's bid price.
END OF SECTION
October 19, 2005
16025-1
Collier County Utilities
Lift Station Electrical Upgrades
l.'~
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SECTION 16040
IDENTIFICATION
PART 1 - GENERAL
1.01 NAMEPLATES
A. The following items shall be equipped with nameplates: All motors; motor starters,
motor-control centers, pushbutton stations, control panels, time switches, disconnect
switches panelboards, circuit breakers, contactors, recorders, transmitters,
instruments or relays in separate enclosures, thermostats, photocells, power
receptacles where the nominal voltage between any pair of conductors is greater
than 150V, switches controlling equipment or receptacles, switches controlling
lighting fixtures where the fixtures are not located within the same space as the
controlling switch, high voltage junction, manholes and pull boxes, instrumentation
and control terminal cabinets, pull boxes manholes and cabinets. Special electrical
systems shall be identified at junction and pull boxes, terminal cabinets and
equipment racks. Electrical contractor is responsible for nameplates on electrical
equipment supplied by other divisions and installed and wired by electrical including
all instrumentation and controls equipment. A portion of existing equipment affected
by this contract shall also receive nameplates as determined by the engineer.
B. Nameplates shall adequately describe the function of the particular equipment
involved. Where nameplates are detailed on the drawings, inscription and size of
letters shall be as shown and shop drawing submitted for approval. Nameplates for
panelboards and switchboards shall include the panel designation, voltage and
phase of the supply. For example, "Panel A, 277/480V, 3-phase, 4-wire". The name
of the machine on the nameplates for a particular machine shall be the same as the
one used on all motor starters, disconnect and P.B. station nameplates for that
machine.
C. Nameplates shall be laminated phenolic plastic, black front and back with white core,
with lettering etched through the outer covering. White engraved letters on black
background. Attach with brass bolts.
D. Construction sequences, renaming and rework of existing equipment will require new
identification tags for some existing equipment.
END OF SECTION
October 19, 2005
16040-1
Collier County Utilities
Lift Station Electrical Upgrades
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SECTION 16050
SPECIAL REQUIREMENTS
1.01 AUXILIARIES AND ACCESSORIES
A. Include all auxiliaries and accessories for a complete and properly operating
systems.
B. Provide and install all electrical systems and any necessary accessories as per NEC
and local codes whether specified herein or shown on drawings or not. The content
of these specifications (Division 16) and contract documents in general only refers to
work required above and beyond the requirements of the NEC and applicable local
codes.
1.02 LAYOUT OF WORK
A. Drawings are diagrammatic. Correlate final equipment locations with governing
Architectural, Structural, Process Mechanical and Instrumentation and Control
drawings. Layout before installation so that all trades may install equipment in
spaces available. Provide coordination as required for installation in a neat and
workmanlike manner. The engineer reserves the right to move any device 10' from
location shown on plans with no additional cost to the owner at any time prior to final
equipment installation and startup.
1.03 INVESTIGATION OF SITE
A. Check site and existing conditions thoroughly before bidding. Advise Engineer of
discrepancies or questions noted.
1.04 SUPERVISION OF THE WORK
A. Provide a field superintendent who has had a minimum of fifteen (15) years previous
successful experience on projects of comparable size and complexity.
Superintendent shall be present at all times that work under this Division is being
installed or affected. Superintendent shall have passed a proctored H.H. Block
Masters Exam with 75% grade or better and shall hold a State Masters Certificate of
Competency. A resume of the Superintendent's experience shall be submitted to
Engineer before starting work. The resume shall list a minimum of 10 previous
industrial plant projects of comparable size and complexity.
B. QUALIFICATIONS OF THE CONTRACTOR The Electrical Contractor shall be
regularly engaged in the construction, maintenance repair and modification of
industrial plant electrical equipment devices, and systems. The lead, on-site,
technical person shall be approved by the engineer. Provide the services of a pre-
qualified electrical contractor that has demonstrated competence in providing
electrical systems installation on this type of facility to Collier County Utilities; The
pre-approved electrical contractors for this project are listed below:
1. E.B. Simmonds Electrical
2. Gulf States Electrical
3. Best Electrical Construction
October 19, 2005
16050-1
Collier County Utilities
Lift Station Electrical Upgrades
H ,', .,
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4. Cogburn Electrical
5. American Electric
6. Southern Power and Controls
Other firms will be considered by the engineer on submittal of qualifications on or
before 14 days prior to bid. Submit 10 example projects of installed history of the
type and complexity of this project. Submit project data, and reference contacts.
1.05 COORDINATION
A. Provide all required coordination and supervision where work connects to or is
affected by work of others, and comply with all requirements affecting this Division.
Work required under other divisions, specifications or drawings, indicated to be
performed by this Division shall be coordinated with the Contractor and such work
performed at no additional cost to Owner including but not limited to electrical work
required for roll-up doors, control panel installation, instrumentation and control
installation, etc.
B. Locate all openings required for work performed under this section. Provide sleeves,
guards or other approved methods to allow passage of items installed under this
section.
1.06 BASIS FOR WIRING DESIGN
A. The drawings and specifications describe specific sizes of switches, breakers, fuses,
conduits, conductors, motor starters and other items of wiring equipment. These
sizes are based on specific items of power consuming equipment (heaters, lights,
motors for fans, compressors, pumps, etc.). Wherever the contractor provides
power consuming equipment which differs from, the basis of design, drawings and
specifications, the wiring and associated circuit components for such equipment
shall be changed to proper sizes to match at no additional expense to the Owner.
1.07 PROVISION FOR OPENINGS
A. Locate all openings required for work performed under this section. Provide sleeves,
guards or other approved methods to allow passage of items installed under this
section.
1.08 CONCRETE PADS
A. Furnish and install reinforced concrete pads for transformers, switchgear, and motor
control centers, of size as shown on the drawings or required. Unless otherwise
noted, pads shall be four (4) inches high and shall exceed dimensions of equipment
being set on them, including future sections, by three (3) inches on all sides, except
when equipment is flush against a wall, then the side or sides against the wall shall
be flush with the equipment. Chamfer top edges 1". Trowel all surfaces smooth.
Reinforce pads with 6" X 6" X 6/6 welded wire fabric. Conduit stub up area within the
pad area shall remain void, Coordinate with equipment shop drawings stub up areas.
1,09 SURFACE MOUNTED EQUIPMENT
October 19,2005
16050-2
Collier County utilities
Lift Station Electrical Upgrades
1 <. (\8'"
. > l" \~~ '
A. Surface mounted fixtures, outlets, cabinets, conduit, panels, etc. shall have finish or
shall be painted as directed by Engineer. Paint shall be in accordance with other
applicable sections of these specifications.
1.11 PROTECTION AND CLEAN UP
A. Suitably protect all equipment furnished under this Division during construction.
Restore all damaged surfaces and items to "Iike new" condition before a request for
substantial completion inspection.
1.12 MATERIALS
A. Reference: "General Conditions of the Contract".
B. Where several brand names, make or manufacture are listed as acceptable each
shall be regarded as equally acceptable. Where a manufacturer's model number is
listed, this model shall set the standard of quality and performance required. Where
no brand name is specified, the source and quality shall be subject to Engineer's
review and acceptance.
C. When a product is specified to be in accordance with a trade association or
government standard, at the request of Engineer, Contractor shall furnish a
certificate that the product complies with the referenced standard. Upon request of
Engineer, Contractor shall submit supporting test data to substantiate compliance.
1.13 SUBSTITUTIONS
A. Each bidder represents that his bid is based upon the materials and equipment
described in this division of the specifications.
B. No substitutions will be considered unless written request has been submitted to the
Engineer for approval at least ten days prior to the bid date. Submittal shall include
the name of the material or equipment for which it is to be substituted, drawings,
cuts, performance and test data and any other data or information necessary for the
Engineer to determine that the equipment meets all specification and requirements.
If the Engineer approves any proposed substitutions, such approval will be set forth
in an addendum.
C. Substituted equipment or optional equipment where permitted and approved. must
conform to space requirements. Any substituted equipment that cannot meet space
requirements, whether approved or not, shall be replaced at the Contractor's
expense. Any modifications of related systems as a result of substitutions shall be
made at the Contractor's expense.
1.14 SUBMITTALS
A. Submit Technical Information Brochures at start of construction or within 30 days
after Award of the Contract. Each brochure shall consists of an adequately sized,
hard-cover, 3-ring binder for 8-1/2" X 11" sheets, Provide correct designation on
outside cover and on end of brochure. When, in the judgment of the Engineer, one
binder is not enough to adequately catalog all data, an additional binder will be
October 19, 2005
16050-3
Collier County Utilities
Lift Station Electrical Upgrades
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required and data split as directed by the Engineer. Specific shop drawing submittals
may be submitted separately after technical information brochures but before any
equipment is purchased; provide index and schedule of shop drawings to be
submitted within the technical information brochures.
B. First sheet in the brochure shall be a photocopy of the Electrical Index pages in
these specifications. Second sheet shall be prepared by the Contractor, and shall
list Project Addresses and phone numbers with key personnel for this project.
C. Provide reinforced separation sheets tabbed with the appropriate specification
reference number.
D. Technical Information consisting of marked catalog sheets orshop drawings shall be
inserted in the brochure in proper order on all items herein specified or shown on
drawings.
E. At the end of the brochure, provide and insert a copy of the specifications for this
Division and all addenda applicable to this Division.
F. Submit 7 brochures. Provide separate tag marking on an individual copy for the
Owner, Engineer (2), Contractor, Coordinating Testing Subcontractor and Electrical
Subcontractor (2).
G. The General Contractor shall review the brochures before submitting to the
Engineer. No request for payment will be considered until the brochure has been
submitted and reviewed completely.
H. Submit cost breakdown "Schedule of Values" for electrical work in the Technical
Information Brochures. Cost of material and labor for each major item shall be
shown.
I. Reference: "General Condition of the Contract".
J. Shop Drawings: Provide detailed shop drawings for all electrical equipment to be
supplied. Provide detailed plan view shop drawings at expanded scale indicating
how actual size of equipment to be provided is to fit into space available; show NEC
required working space clearances on plan. Provide detailed elevation views at
expanded scale of actual equipment to be provided and how it fits into available wall
spaces. Drawings shall be on 11" X 17" or 22" X 34" paper and drawn with a
computer aided design (CAD) package. The computer aided design package shall
be Autocad or converted to Autocad format. Engineering plan backgrounds of the
facility shown on the contract documents will be available to the contractor on
request. Submittals shall include hard copy and CD-ROM media electronic copies.
Additional shop drawing requirements:
1, Title drawings to include identification of project and names of Engineer,
Engineer, General Contractor, subcontractor and/or supplier, data, number
sequentially and indicate in general:
2. Fabrication and Erection dimensions.
3. Arrangements and sectional views,
4 Necessary details, including complete information for making connections
October 19, 2005
16050-4
Collier County Utilities
Lift Station Electrical Upgrades
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5 Kinds of materials and finishes.
6 Descriptive names of equipment.
7 Modifications and options to standard equipment required by the contract.
8 Leave blank area, size approximately 4 by 2-1/2 inches, near title block (for
Engineer's stamp imprint).
9 In order to facilitate review of drawings, insofar as practicable, they shall be
noted, indicating by cross reference the contract drawings, note, and/or
specification paragraph numbers where item(s) occur in the contract
documents.
10 See specific sections of specifications for further requirements.
K. Product Data:
1. Submit technical data verifying that the item submitted complies with the
requirements of the specifications. Technical data shall include
manufacturer's name and model number, dimensions, weights, electrical
characteristics, and clearances required. Indicate all optional equipment and
changes from the standard item as called for in the specifications. Furnish
drawings, or diagrams, dimensioned and in correct scale, covering
equipment, showing arrangement of components and overall coordination.
2. In order to facilitate review of product data, insofar as practicable, they shall
be noted, jndicating by cross reference the contract drawings, note, and/or
specification paragraph numbers where item(s) occur in the contract
documents.
3. See specific sections of specifications for further requirements.
L. Processing Submittals:
1, Product Data: For standard manufactured materials, products and items
submit seven (7) copies or sets of data. If submittal is rejected, resubmittal
shall be seven (7) copies of new data. When approved, four (4) copies will
be returned to Contractor.
2. Shop Drawings: For custom fabricated items, initially submit a transparency
(suitable for reproduction) together with two (2) prints made there from.
When submittal is acceptable, fumish seven (7) prints made from the
accepted transparency.
3. Acceptance: When returned to Contractor, submittals will be marked with
Engineer's stamp. If box marked "returned for correction resubmit" is
checked, submittal is not approved and Contractor is to correct and resubmit
as noted, otherwise submittal is approved and Contractor is to comply with
notation making necessary corrections on submittal and resubmit for final
record.
4. Reference: "General Conditions of the Contract".
5. Note that the approval of shop drawings, or other information submitted in
accordance with the requirements hereinbefore specified, does not assure
that the Engineer, or any other Owner's Representative, attests to the
dimensional accuracy or dimensional suitability of the material or equipment
involved, the ability of the material or equipment involved or the
Mechanical/Electrical performance of equipment. Approval of shop drawings
October 19, 2005
16050-5
Coflier County Utilities
Lift Station Electrical Upgrades
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does not invalidate the plans and specifications if in conflict with the
submittal. It is the contractors responsibility to request in writing and seek
written approval from the engineer for all deviations of the plans and
specifications.
1.15 PROGRESS AND RECORD DRAWINGS
A. Keep two sets of full size (22"x34") white prints on the job, and neatly mark up design
drawings each day as components are installed. Different colored pencils shall be
used as directed for different systems. Cost of prints shall be included under this
Division. All items on Progress Drawings shall be shown in actual location installed.
Change any equipment schedules to agree with items actually furnished.
B. Reference: "General Conditions of the Contracf'.
C. Prior to request for final payment, furnish a set of as-built drawings on reproducible
sepia mylar to General Contractor.
1.16 OPERATING INSTRUCTIONS
A. Submit for checking a specific set of written Operating instructions on each item that
require instructions to operate. After approval, provide one copy for insertion in each
Technical Information Brochure.
1.17 MAINTENANCE INSTRUCTIONS
A. Submit for approval Maintenance Information consisting of manufacturer's printed
instructions and parts lists for each major item of equipment. After approval, insert
information in each Technical Information Brochure.
1.18 SYSTEMS GUARANTEE
A. The work required under this Division shall include a two-year guarantee. This
guarantee shall be by the Contractor to the Owner for any defective workmanship or
material that has been furnished under this Contract at no cost to the Owner for a
period of two years from the date of substantial completion of the System. This
guarantee shall not include light bulbs in service after six months from date of
Substantial Completion of the System.
1,19 FINAL INSPECTION
A. All work on the System shall be completed, and all forms and other information shall
be submitted for approval one week before the request for final inspection of the
building.
1.20 EQUIPMENT TO BE OF SINGLE MANUFACTURER
A. In general, all relays, contactors, starters, motor control centers, switchboards,
panelboards, dry type transformers, disconnect switches, circuit breakers, and
manual motor starter switches are to be supplied and manufactured by same
October 19, 2005
16050-6
Collier County utilities
Lift Station Electrical Upgrades
,/,.
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manufacturer, but must be submitted and approved equal to that specified.
1.21 CUTTING AND PATCHING
A. Reference: "General Conditions of the Contract".
B. Supplementary Requirements: Any cutting of work in place shall be patched and
decorated by such mechanics and in such a manner that the quality of workmanship
and finish shall be compatible with that of adjacent construction.
1.22 GENERAL
A. Where the requirements of another Division, section, or part of these specifications
exceed the requirements of this Division, those requirements shall govern.
1.23 EXISTING CONDITIONS
A. Investigate site thoroughly and reroute all conduit and wiring in area of new
construction in order to maintain continuity of existing circuitry. Existing conduits
shown on plans show approximate locations only. Contractor must verify and
coordinate existing site conduits and pipes to any excavation on site. Bids to include
hand digging and all required rerouting in areas of existing conduits and/or pipes.
B. Special attention is called to the fact that work involved is in connection with existing
facilities that must remain in operation while work is being performed. Work must be
done in accordance with the owner's priority schedule as required. Schedule work
for a minimum outage to Owner. Request written permission and receive written
approval from Owner 48 hours in advance of any shutdown of existing system.
Perform work required at other than standard working hours where owner cannot
approve outages during regular working hours. Provide temporary power and
temporary wiring as required to maintain operation as directed by the owner or
engineer to facilitate construction. Protect existing buildings and equipment during
construction as required.
END OF SECTION
October 19, 2005
16050-7
Collier County Utilities
Lift Station Electrical Upgrades
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SECTION 16110
RACEWAYS AND CONDUIT
PART 1 - GENERAL
1.01 DESCRIPTION
A. Description of System:
1. The entire installation shall be in heavy wall Schedule 80-PVC plastic
conduit, and rigid galvanized steel or aluminum conduit unless specifically
noted otherwise. Only heavy wall PVC (Schedule 80) shall be used for all
raceways trapped underground with out slab above or concrete encasement
protection.
2. Minimum conduit size for all systems shall be 3/4". All conduits shall be U.L.
listed and labeled. Conduit sizes shown on the drawings are to aid the
contractor in bidding only; the contractor is responsible for conduit sizes as
required by NEC fill tables but do not provide smaller conduits than indicated.
The contractor is responsible to coordinate the required conduit sizes and
conductor quantities for all control and instrumentation system conduit and
wiring with the controls subcontractor prior to installation.
3. In areas of chemical laden atmosphere and in exposed exterior areas and
where not subject to mechanical injury; provide schedule 80 PVC conduit
non-metallic conduit supports and 316 stainless steel hardware.
1.02 SUBMITTALS
A. Product Data:
1. Product data shall be submitted on:
a. Conduit
b. Conduit fittings (steel compression type)
c. Surface metal raceway
PART 2 - PRODUCTS
2.01 RIGID METALLIC CONDUIT
A. Hot dipped galvanized rigid steel. Federal Specification WW-C-581.
2.02 FLEXIBLE STEEL CONDUIT
A. Continuous length, spirally wound steel strip, zinc-coated, each convolution
interlocked with following convolution. Federal Specification WW-C-566. Liquid-
tight Flexible Steel Conduit: Plastic jacketed flexible steel conduit with copper
bonding conductor.
2.03 PVC CONDUIT
October 19, 2005
16110-1
Collier County Utilities
Lift Station Electrical Upgrades
A. PVC conduit shall be composed of High Impact Virgin homopolymer, PVC (polyvinyl
chloride C-200 Compound), and shall conform to industry standards, and be UL 651
listed in accordance with Article 347 of National Electrical Code for underground and
exposed use and NEMA standard TC-2. Materials must have tensile strength of 55
PSI, at 700F, flexural strength of 11,000 PSI, compression strength of 8600 PSI.
Manufacturer shall have five years' extruding PVC experience. Consistent with
requirements provide PVC conduit products by one of the following manufacturers:
1 . Carlon
2. Cantex
3. J.M. Plastics
4. Queen City Plastics
2.04 EXPANSION FITTINGS
A. Conduit expansion fittings shall be malleable iron, and shall be hot dipped
galvanized inside and outside. These fittings shall have a four-inch expansion
chamber to allow approximately two-inch movement parallel to conduit run in either
direction from normal. They shall have factory-installed packing and intemal tinned
copper braid packing to serve as an emergency bonding jumper. Unless the fitting
used is listed by Underwriters' Laboratories for use ''without external bonding
jumpers", an external copper bonding jumper shall be installed with each expansion
fitting with one end clamped on each conduit entering fitting.
PART 3- EXECUTION
3.01 INSTALLATION
A. All raceways shall be run in neat and workmanlike manner and shall be properly
supported in accordance with latest edition of NEC with approved conduit clamps,
hanger rods and structural fasteners except for PVC conduit installed in exterior
locations. PVC conduit installed in exterior locations shall be supported at two foot
intervals. Supporting conduit and boxes with wire is not approved. All raceways
except those from surface-mounted switches, outlet boxes or panels shall be run
concealed from view. Exposed raceways shall be supported with clamp fasteners
with toggle bolt on hollow walls, and with lead expansion shields on masonry. Rigid
steel box connections shall be made with double locknuts and bushings. Where
PVC penetrates a floor from underground or in slab, a black mastic coated steel
conduit elbow shall be used on all conduits 1.5" and greater. All individual bare
copper ground conductors (i.e. service, transformer, or lightning protection grounds)
shall be installed in PVC conduit, not metal conduit. This does not apply to bare
copper ground conductors run with feeders (as specified in this section). Conduits
shall be run parallel to building walls wherever possible, exposed or concealed, and
shall be grouped in workmanlike fashion. Crisscrossing of conduits shall be
minimized.
B. All raceways runs, whether terminated in boxes or not, shall be capped during the
course of construction and until wires are pulled in, and covers are in place. No
conductors shall be pulled into raceways until construction work which might damage
the raceways has been completed.
C. All raceways shall be kept clear of plumbing fixtures to facilitate future repair or
replacement of said fixtures without disturbing wiring. Except where it is necessary
October 19, 2005
16110-2
Collier County Utilities
Lift Station Electrical Upgrades
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for control purposes, all raceways shall be kept away from items producing heat.
D. All raceway runs in masonry shall be installed at the same time as the masonry so
that no face cutting is required, except to accommodate boxes.
E. All raceways shall be run from outlet to outlet exactly as shown on the drawings,
unless permission is granted to alter arrangement shown. If permission is granted
arrangement shall be marked on field set of drawings as previously specified.
F. All underground raceways (with exception of raceways installed under floor slab)
shall be installed in accordance with Section 300-5 of the NEC except that the
minimum cover for any conduit shall be two feet. Included under this Section shall
be the responsibility for verifying finished lines in areas where raceways will be
installed underground before the grading is complete.
G. All raceways shall have an insulated copper system ground conductor throughout
the entire length of circuit installed within conduit in strict accordance with NEC.
Grounding conductor shall be included in total conduit fill determining conduit sizes,
even though not included or shown on drawings. Grounding conductors run with
feeders shall be bonded to portions of conduit that are metal by approved ground
bushings.
H. Insulated bushings shall be used on all rigid steel conduits terminating in panels,
wire gutters, or cabinets, and shall be impact resistant plastic molded in an irregular
shape at the top to provide smooth insulating surface at top and inner edge. Material
in these bushings must not melt or support flame.
I. Spare conduit stubs shall be capped and location and use marked with concrete
marker set flush with finish grade. Marker shall be 6" round X 6" deep with
appropriate symbol embedded into top to indicate use. Also, tag conduits in panels
where originating. In addition to spares shown on the drawing; provide 2 branch
power circuits as directed in field; estimate 100' conduit and wire for each run.
J. All conduit stubbed above floor shall be separated with plastic interlocking spacers
manufactured specifically for this purpose, or shall be strapped to Kindorf channel
supported by conduit driven into ground or tied to steel.
K. Raceways which do not have conductors furnished under this Division of the
specifications shall be left with an approved nylon pullcord in raceway.
L. Rigid Metallic Conduit, flexible steel conduit and PVC conduit shall be manufactured
within the United States.
M. All connections to motors or other vibrating equipment (except dry type transformers)
or at other locations where required shall be made with not less than 12" of flexible
liquid-tight steel conduit, using special type of connectors with strain relief fittings at
both terminations of conduit. Flex connectors shall have insulated throat and shall
be T & B 3100 Series or approved substitution. Use angle connectors wherever
necessary to relieve angle strain on flex conduit. Connections to dry type
transformers shall be made with flexible conduit.
N. PVC joints shall be solvent welded. Threads will not be permitted on PVC conduit
and fittings, except for rigid steel to PVC couplings. Installation of PVC conduit shall
be in accordance with manufacturer's recommendations. PVC conduit shall not be
used to support fixture or equipment. Field bends shall be made with approved
hotbox. Heating with flame and hand held heat guns are prohibited.
O. Expansion fittings shall be installed in the following cases: In each conduit run
wherever it crosses an expansion joint in the concrete structure; on one side of joint
with its sliding sleeve end flush with joint, and with a length of bonding jumper in
expansion equal to at least three times the normal width of joints; in each conduit run
which mechanically attached to separate structures to relieve strain caused by shift
on one structure in relation to the other; in straight conduit run above ground which is
October 19, 2005
16110-3
Collier County Utilities
Lift Station Electrical Upgrades
t:','
more than fifty feet long and interval between expansion fittings in such a runs shall
not be greater than 100 feet for steel conduit and 50 feet for PVC conduit..
P. Rigid metallic conduit installed underground shall be coated with waterproofing black
mastic before installation, and all joints shall be recoated after installation.
Q. Underground cable identification: bury a continuous, pre-printed, bright colored
metalized plastic (electronically traceable) ribbon cable marker with each
underground conduit (or group of conduits), regardless of whether conduits are in
ductbanks. Locate directly over conduits, 6" to 8" below finished grade. Delete this
requirement under building slabs.
R. Provide for separation of instrumentation, control and power conductors. Provide a
minimum of 24" inch separation for parallel run of power conduit and instrumentation
or control conduit. This separation can be reduced to 8" if metallic grounded
separation is provided.
END OF SECTION
October 19, 2005
16110-4
CO/Jier County Utilities
Lift Station Electrical Upgrades
16C8
"'"
SECTION 16120
WIRES AND CABLES
1.01 GENERAL
A. Power Conductors:
1. Branch circuits and feeder conductors for all three phase electric power shall
be stranded copper type XHHW-2 cross-link polyethylene (XLP) insulation
and derated to 75 degrees Centigrade. No aluminum wiring shall be
permitted. All wire shall be size shown on the drawings. If no size is shown,
wire shall be in accordance to NEC and minimum No. 12, except that branch
"homeruns" over 50 ft. in length shall be minimum No. 10 for 120/208V
circuits. All branch lighting circuits serving HID and Fluorescent fixtures shall
be minimum #10 with each circuit provided with a separate neutral. All wiring
shall be manufactured in the USA.
B. Taps and Splices:
1. All power wiring taps and splices in No.8 or smaller wire shall be fastened
together by means of terminal strips except within lighting fixtures and wiring
devices where conformance to NEC practices will be acceptable. All taps
and splices in wire larger than NO.8 shall be made with compression type
connectors and taped to provide insulation equal to wire. Tape shall be
heavy duty, flame retardant and weather resistant vinyl electrical tape,
minimum 7 mil premium grade with an operating of 0 degree F. to 220
degree F. Provide tape meeting UL 510 and CSA standard C22.2.
2. All taps and splices in manholes or in ground pull boxes, MCCs, etc. shall be
approved by the engineer on a case by case basis; be made with high press
long barrel double crimp compression type connectors and covered with
Raychem heavy wall cable sleeves (type CTE or WCS) with type "S" sealant
coating. Install sleeve kits that are approved for the application and as per
manufacturer's installation instructions.
C. Color Coding:
1. All power feeders and branch circuits No.6 and smaller shall be wired with
color-coded wire with the same color used for a system throughout the
building. Power feeders above No.6 shall either be fully color-coded or shall
have black insulation and be similarly color-coded with tape or paint in all
junction boxes and panels. Tape or paint shall completely cover the full
length of conductor insulation within the box or panel except for the wire
markings.
2. Unless otherwise approved, color-code shall be as follows: Neutrals to be
white for 120/208V system, natural grey for 277/480V system; ground wire
green, bare or green with yellow stripes nominal. 120/208V, Phase A -black;
Phase B - red; Phase C - blue. 480/277V, Phase A brown; Phase B -
orange; Phase C -yellow. All switch legs, other voltage system wiring, control
and interlock wiring shall be color-coded other than those above. In
remodeling projects, comply with existing color coding established within the
faci lity.
1.02 INSTRUMENTATION AND CONTROL CABLE:
October 19, 2005
16120-1
Collier County Utilities
Lift Station Electrical Upqrades
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A.. Multiconductor and Multi pair Process instrumentation cable shall be #16 AWG
stranded, twisted pair, 600 V, (XLP) cross link polyethylene insulated, aluminum tape
pair shielding, cross link polyethylene or chlorinated polyethylene (CPE) overall
sheathed and shielded, type TC instrument cable as manufactured by the American
Insulated Wire Co., Belden Wire Co. or equal.
B. Multiconductor control cable shall be #14 AWG stranded, 600V, (XLP) cross link
polyethylene insulated or polyolefin, with cross link polyethylene or chlorinated
polyethylene (CPE or Hypalon) overall sheathed type TC control cable except for
control cable into and out of VFD cabinets. Multiconductor control cable into and out
of VFD cabinets shall be as indicated above and in addition include an aluminum
polyester tape overall shield and drain wire. As a contractor alternate to shielded
control cable into and outofVFD cabinets, provide twisted shielded instrument cable
as specified above. Contractor to provide increased conduit size as required if
instrument cable alternate is used into and out of VFD cabinets.
C. Connections:
1. All conductor connections shall be on terminal strips including all spare
conductors. Provide terminal strips in all cabinets; motor control centers; etc.
2. All connections of stranded wire to screw terminals shall be by insulated
spade lugs, crimp fastened to wire except where terminal strips are listed for
stranded bare connections in which case delete spade lugs.
3. All conductors shall be marked with mylar wrap type "Brady" labels.
Identification labels shall be permanent type and be machine printed. All
terminal block terminations shall be labeled. The inside portion of the
terminal cabinet doors shall display a protected terminal cabinet drawing with
all connections shown and described as to color code, number assigned to
connection function of conductor and destination.
4. Wire shall be guided within terminal cabinets by cable supports. All
conductors shall be neatly led to terminations.
5. Cabinets: All cabinets shall be labeled with an engraved plastic laminate
label riveted to the door.
6. No splices shall be made within a conduit run or in manholes.
D. Provide for separation of instrumentation, control and power conductors. Provide a
minimum of 24" inch separation for parallel run of power conduit and instrumentation
or control conduit. This separation can be reduced to 8" if metallic grounded
separation is provided.
1.03 SUBMITTALS:
A. Submit cut sheets on all major types of wires and cables including splicing tape, and
terminating/splicing lugs, conductor identification systems and connectors and cable
sleeves. Submit sample of all instrumentation and control cable. Sample shall be a
minimum of 24" with exterior sheath clearly marked.
B. Submit sample of all cable identification systems products.
END OF SECTION
October 19, 2005
16120-2
Collier County Utilities
Lift Station Electrical UDarades
1 hr,Q
SECTION 16170
DISCONNECTS
1.01 GENERAL
A. All disconnect switches shall be heavy-duty type. Switches shall be fusible or non-
fusible and sized as noted on the drawings. Manufactured by Square 0, Cutler
Hammer or GE.
B. Syvitches shall be 240 volt rated on systems up toand including 120/208V and 600V
rated on higher voltage systems. All switches for motors shall be horsepower rated.
All switches shall be NEMA 4X stainless steel enclosure except switches mounted
in air-conditioned spaces. As an alternate to NEMA 4X stainless steel enclosure
provide NEMA 4X switches with aluminum enclosure as manufactured by Bryant. As
an alternate to NEMA 4X stainless steel enclosures provide polyglass enclosures for
30amp (10hp) switches in the chemical areas equal to Hubbell Circuit-Lock.
C. Provide and install lugs on disconnect switch as required to accept conductors called
for on drawings.
D. Provide Switches with an externally operated handle; quick make quick break
mechanism; the handle shall be interlocked with the switch cover by means of a
defeatable interlock device. The switch shall be lockable in the "off' position with a
padlock. Switches shall have arch suppressors, pin hinges and be horsepower rated
at 600 volts.
E. All disconnect switches shall be furnished from the manufacturer with (2) normally
open and (2) normally closed interlock contacts. Motor space heater shall be wired
through one set of contacts. The other contact shall be wired through the local
off/remote motor switch at the disconnect location.
1.02 SUBMITTALS
A. Submit product data on all major types of disconnects.
END OF SECTION
October 19, 2005
16170-1
Collier County Utilities
Lift Station Electrical Upgrades
16CB
SECTION 16410
ELECTRIC SERVICE
PART 1 - GENERAL
1.01
DESCRIPTION
A.
Description of System:
1. The Electrical Utility Company will provide the electrical service of the
characteristics as shown on the Drawings. This Contractor's work will begin
where the Utility Company's work ends.
2. The Contractor shall furnish all labor, materials, etc., necessary for a
complete approved electrical service as required for this project, including
inspection and approval by the Utility and local Inspection Departments (if
any) and inform the Engineer prior to energizing power lines.
3. This Contractor shall notify the Utility Company in writing, with two copies to
the Engineer, no later than ten (10) days after signing contracts as to when
this Contractor anticipates the power service will be required.
B.
Underground Electrical Service:
1. Furnish and install underground 240 volt 3ph, 4 wire or 240 volt 1ph, 3 wire
service from existing power company pad-mount transformers or hand holes
to main service equipment. Seal conduit with duct-seal where entering
building.
2. The underground service shall comply with all the requirements of the NEC,
local Utility Company and local enforcing authority.
C.
Metering:
1. The necessary direct reading meter cabinet(s) shall be furnished and
installed by this Contractor. Approval of the cabinet by the Utility Company
must be obtained by this Contractor prior to submitting the Shop Drawings of
the cabinet(s).
2. Meter bases shall be furnished and installed by this contractor. Provide
aluminum meter bases. Metering bases and conduits must be installed in
accordance with the Utility Company requirements.
D. FP&L requirements. Work to be completed under this section shall be in accordance
with FP&L documentation and standards. Note that FP&L service fees will be paid
directly by the owner.
1.02 SUBMITTALS
A. Submit product data on:
1. Meter base and cabinet.
October 19, 2005
END OF SECTION
16410-1
Collier County Utilities
Lift Station Electrical Upgrades
/"
SECTION 16450
GROUNDING
PART 1 - GENERAL
1.01 DESCRIPTION
A. Description of System:
1. In general, all electrical equipment (metallic conduit, motor frames,
panelboards, etc.) shall be bonded together with a green insulated or bare
copper system grounding conductor in accordance with specific rules of
Article 250 of the N.E.C. Bonding conductor through the raceway system
shall be continuous from main switch ground bus to panel ground bar of
each panelboard, and from panel grounding bar of each panelboard to
branch circuit equipment and devices.
2. The driven ground field shall be a minimum of (3) 20 foot by 5/8 inch
copperclad ground rods exothermic connected together with 4/0 cable.
3. Grounding conductors shall be installed providing shortest and most direct
path from equipment to ground; be installed in metal conduit with both
conductor and conduit bonded at each end; have connections accessible for
inspection and made with approved solderless connectors brazed (or bolted)
to the equipment or structure to be grounded; in NO case be a current
carrying conductor; have a green jacket unless it is bare copper; be run in
conduit with power and branch circuit conductors. The main grounding
electrode conductor shall be exothermic welded to ground rods: All
connections at or below grade shall be exothermic welded.
4. All contact surfaces shall be thoroughly cleaned before connections are
made to insure good metal to metal contact.
5. Mechanical lugs or wire terminals shall be used to bond ground wires
together or to junction boxes and panel cabinets and shall be manufactured
by Anderson, Buchanan, Thomas and Betts Co., or Burndy.
6. All exterior grade mounted equipment shall have their enclosures grounded
directly to a separate driven ground at the equipment in addition to the
building ground connection.
7. Provide bonding between all ground systems. Exterior ductbank
counterpoise grounds shall be brought into adjacent building and bonded to
the interior ground bus. Lightning protection grounds shall be bonded to
building interior ground bus. All Instrumentation and control grounds shall be
bonded to the power ground bus. Bond all surge suppression devices to
protected equipment cases, the power ground green conductor, the
equipment ground rod and to adjacent metallic systems, (hand rail, pipe
stands, piping, etc). Bonding shall be facilitated via copper conductors.
October 19, 2005
16450-1
Collier County Utilities
Lift Station Electrical Upgrades
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B. All raceways shall have an insulated copper system ground conductor throughout
the entire length of circuit installed within conduit in strict accordance with NEC.
Grounding conductor shall be included in total conduit fill determining conduit sizes,
even though not included or shown on drawings. A separate green with tracer
grounding conductor shall be run from isolated ground receptacles to the isolated
ground bar on the serving panelboard. Also provide a separate insulated conductor
minimum size #2 from isolated ground bar on panel to shielded transformer ground
lug.
1.02 SUBMITTALS
A. Submit product data on ground rods, ground wire, ground connectors and data on
exothermic weld.
END OF SECTION
October 19, 2005
16450-2
Collier County Utilities
1.1
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Project Foreman
9300 Henderson Grade Road
North Fort Myers, FL 33917
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CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
TPA#1953633,11
GC-CA-N-1
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MEMORANDUM
Date:
March 1, 2006
To:
Marilyn Norris
Head of Extension Services, Library
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Grant Application and Agreement
Collier County Public Library
Enclosed please find one original document as referenced above,
approved by the Board of County Commissioners on February 28,
2006 (Agenda Item #16Dl).
If you should have any questions, please feel free to contact me at
774-8411
Thank you.
Enclosure (1)
1601
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Oftlcc only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
D
4. ATTORNEY/ ff TCP
THOMAS C. PALMER ASSISTANT COUNTY 2/14/06
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Marilyn D. Norris Phone Number 261-8208
Contact
Agenda Date Item was 2/28/2006 Agenda Item Number 16D I
Approved by the BCC
Type of Document Grant Application & Agreement Number of Original 7
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
co.ntracts, 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 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 BCe on 2/28/06 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Yes
(Initial)
Y
('(ili
N/ A (Not
A licable)
2.
3.
4.
5.
6.
N/A
Y r^ 1'1
Y !"~.
Y
\
(IfJ
Y ,
tA, t'
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Florida Department of State, Division of Library and Information Services
1601
LST A APPLICATION
Application Due: March 15. 2005
L.;):: ;{Y / ORGANIZATION NAME Collier Countv Public Librarv
\ : + ~ ~,. :\' (; ~~\D DRESS 2385 Orane:e Blossom Drive
?:; ., r: #239-593-3511 SUNCOM #
FAX # 239-254-8167
. .' ""1.CT PERSON Marilvn Norris E-MAIL ADDRESS mnorris({i)collier-lib.onr
F r =:) () R SAMAS AND EO #59-6000558
(:.. .~'{.\CTI~G AGENCY NAME Board of Co un tv Commissioners. Collier Countv, Florida
;.: check one):
, >,;)W,: K-12 Academic Multitype Library Consortium Special State Library
;'::. ;nRY (check one)
\ . \.cccss for Persons Having Difficulty Using Libraries
Library Technology Connectivity and Services
.>t.
. .T ~ AME Emdish Lan2:ua2:e Learner Short Storv Discussion Pro2:ram
f''""r
, ,
X New
Continuing If continuing, specify year:
:t :\DS REQUESTED $ $6,000.00
'TY# 1 OF! APPLICATIONS SUBMITTED
Y SERVICE AREA POPULATION 350,000
. ( OF PERSONS TO BE SERVED BY PROJECT 50
.' .'TD CSER GROUP (Check all that apply)
Youth
X Adults
X Older Adults
Mixed
necify
A'I'l'IST
DWIIIIf I. BJUKJE..1I.aK
(
I
L
'.l,i/* "'I f/
.~ './ ;..l."jI i
;:lS. Chairman BCC Date - 2/28/2006
:ne and Signature of Library / Organization Director
:~:~.-/?
. .~.
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tiC
Atust' is to Cha 1 MIa" · S
11;nJture only.
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LST A Project: English Learners' Short Story Discussions
1601
Need
The targeted population for this pilot project is the adult English learner with intermediate to advanced
comprehension skills and a desire to practice conversation skills. The project will be designed to offer a
traditional library program (book discussions) to a non-traditional audience (English learners) by altering the
traditional model to incorporate Florida -related short stories.
The project will provide Florida libraries with a model for facilitating short-story discussions to include a
program manual, facilitator tips for working with English learners, and discussion outlines for three short
stories. These materials will encourage library staff to offer their own programs by providing step-by-step
instructions.
The target population is often denied equity of access to traditional library programs because of perceived limits
in English proficiency. This program will invite non-traditional library patrons to enjoy the type of program
offered everyday to traditional library patrons across Florida.
This project fits well into the library's mission to offer life-long learning opportunities and equity of access to
all library programs.
Action Plan
December 15,2005
January 15. 2006
February 1. 2006
\1arch 30. 2006
April. :::006
'),)
1601
Florida Department of State
State Library and Archives of Florida
Library Services and Technology Act
English Language Learner Short Story Discussion Program
Three stories selected
Preliminary Draft manual: how to set up a program, ESOL teaching tips
Story discussion outlines
Draft printed
Presentation Florida Library Association conference
Field tests I and II
1601
BUDGET
(Round all amounts to the nearest dollar. Add additional lines if needed to include all information in a section.)
Library Name Collier County Public Librarv
Project Name Enolish LanauaQe Learner Short
StOry Discussion Pro(
LSTA
LOCAL/STATE
MATCH
SALARIES & BENEFITS (Position Title)
(All salaries to be paid from federal or local sources)
Outreach Specialist - (150 hours)
F.T. E.
$
$
$
$
$
$
$
$
$
$
$
$
TOTAL SALARIES ...... '....,........, ... ... .....,...... ...,..
CONTRACTUAL SERVICES (List each vendor)
Apprentice Facilitator (20 hours)
Copy Services
$ 300,00 $
$ 335.00 $
$ $
$ 635.00 $
TOTAL CONTRACTUAL SERVICES ... ...... ....., ,.....
LIBRARY MATERIALS (Include types of materials to be purchased)
$
$
$
$
TOTAL LIBRARY MATERIALS..,. ........, ............... $
4,265.00
$
$
$
$
$
4.265.00
SUPPLIES (Specify)
Photocopy paper
$
$
$
$
1 00.00
100,00
$
$
$
$
TOTAL SU PPLI ES... .., ... .., .., ... . .. .. . ... .., '.. ... .... ... ..
TRAVEL...................................................... ...
$
1.00000
$
EQUIPMENT (Equipment and furniture with a useful life of at least one year and a unit cost of $1,000 or more)
$ $
$ $
TOTAL EQUiPMENT.................................,....... $ $
OTHER (Specify)
$
$
$
$
$
$
TOTAL OTHER ...... ,..... ... ......... ...... '........ ..........
TOTAL.......... .................................................
$
6.000.00
+ $
1601
Budf!et
Library Materials - amount based on
proposed time spent by Roberta Reiss
Literacy Program Coordinator
Collier County Public Library
Program Designer,
$4265 (150 hours at $28.4375/hour salary/ben)
Apprentice Facilitator TBD
$ 300 (20 hours at $ 15/hour salary)
Travel: State Library Specialist and
Roberta Reiss
$1000
Printing
Paper
Copy Services
$100
335
Total
$6000
Robena Reiss, program designer, will select and analyze three short stories, prepare discussion outlines and a
program replication manual including ESOL teaching tips. Literacy materials will be purchased and
disseminated system-wide for use in support of the grant and the library's Literacy Program.
Roberta Reiss will field test the pilot series of discussions and oversee the second field test by an apprentice
facilitator TBD.
The State Library Specialist will be invited to observe one of the field test sessions in Naples.
Roberta Reiss will co-present at the Florida Library Association Conference in April 2006 to introduce the
program.
CCPL will prepare 30 initial copies of the stories, discussion outlines and manual for distribution at the FLA
conference.
LIBRARY SERVICES AND TECHNOLOGY ACT
NOTIFICATION OF GRANT AWARD
Federal Fiscal Vear 2005-2006
1601
Recipient:
Collier County Public Library
2385 Orange Blossom Drive
Naples, FL 34109-6816
Marilyn Matthes, Director
Project Start Date: Upon execution of
grant agreement
Project End Date: September 30, 2006
PROJECT
PROJECT #
05-LST A-D-03-B
CFDA #
45.310
AWARD
$6,000
English Language Learner Short Story
Discussion Program
TERMS AND CONDITIONS:
By February 1, 2006 complete and submit the following:
· Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower
Tier Covered Transactions form
· I nternet Safety Certification
· Disclosure of Lobbying Activities form (if applicable)
Grant recipients are required to credit LSTA funding from the Institute of Museum and Library
Services and the State Library and Archives of Florida in all publications produced and activities
conducted under the project.
9/da1; a ~
Judith A. Ring
State librarian
140 'I - Of,
Date
Florida Department of State, Division of Library and Information Services
R.A. Gray Building, Tallahassee, Florida 32399-0250, (850) 245-6629, SUNCOM 205-6629
1601
PROJECf NUMBER 05-LSTA-D-03-B
Florida Department Of State, Division of Library And Information Services
LmRARY SERVICES AND TECHNOLOGY ACT
GRANT AGREEMENT
AGREEMENT executed and entered into
BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter
referred to as the DIVISION, and the
SUBGRANTEE: Collier County Board of County Commissioners for and on behalf of
Collier County Public Library
the PROJECT: English Language Leamer Short Story Discussion Program
the GRANT AMOUNT: Six thousand dollars ($6,000)
released in four equal advance payments as determined by the Division after consultation with the SUB GRANTEE.
The funds shall be expended on or before September 30, 2006.
Unless there is a change of address, any notice required by this agreement shall be delivered to the DIVISION, 500
South Bronough Street, Tallahassee, Florida 32399-0250, for the State, and to 2385 Orange Blossom Dr., Naples,
FL 34109-6816, for the SUB GRANTEE. In the event of a change of address it is the obligation of the moving party
to notify the other party in writing of the change of address.
The DIVISION, as administrator of federal funds authorized under Section 257.12, Florida Statutes, is desirous of
providing a grant. Federal funds are provided through the Library Services and Technology Act of 1996 under
Florida's long range plan approved by the Institute of Museum and Library Services. The SUB GRANTEE agrees to
meet all state requirements and requirements of the Library Services and Technology Act, hereinafter referred to as
LST A.
The parties agree as follows:
I. The SUB GRANTEE agrees to:
a. Administer all funds granted to it by the DIVISION to carry out the project as described in the project
proposal and revisions submitted to and approved by the DIVISION. The project proposal and
revisions are incorporated by reference.
b. Provide the DIVISION with statistical, narrative, fmancial and other evaluative reports as requested.
c. Retain and make available to the DlVISION, upon request, all financial and programmatic records,
supporting documents, statistical records, and other records for the project.
d. Retain all records for a period of 5 years from the date of submission of the final project report. If any
litigation, claim, negotiation, audit or other action involving the records has been started before the
expiration of the 5 year period, the records shall be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is
later.
e. Payout all project funds on or before the project ending date.
f. Use and maintain adequate fiscal authority, control, and accounting procedures that will assure proper
disbursement of, and accounting for federal project funds.
g. Perform all acts in connection with this agreement in strict conformity with all applicable State and
Federal laws and regulations.
h. Not discriminate against any employee employed in the performance of this agreement, or against any
applicant for employment because of race, color, religion, gender, national origin, age, handicap or
marital status. The SUBGRANTEE shall insert a similar provision in all subcontracts for services by
this agreement.
Page 1 of 4
1601
1. Expend all grant funds received under this Agreement solely for the purposes of the project. These
funds will not be used for lobbying the legislature, the judicial branch, or any state agency. Repay to
the DIVISION any and all funds not thus expended.
J. Have an audit offmancial operations performed in accordance with the Single Audit Act of 1984 (31
V.S.C. 7501-7) and 45 CFR 1183.26.
1. In the event the SUB GRANTEE expends $500,000 or more in Federal awards in its fiscal year,
the recipient must have a single or program-specific audit conducted in accordance with the
provisions ofOMB Circular A-133, as revised. The Notification of Grant Award indicates the
Federal funds awarded through the Department of State by this agreement. In determining the
Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal
awards, including Federal funds received from the Department of State. 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 OMB Circular A-133, as revised will meet the requirements of this
part.
2. In connection with the audit requirements addressed in paragraph j.1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133,
as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted
in accordance with the provisions ofOMB 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 ofOMB Circular A-133, as revised, the
cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid
from recipient funds obtained from other than Federal entities).
II. The DIVISION agrees to:
a. Provide a grant in accordance with the terms of this agreement in the amount and frequency as stated
above in consideration of the SUB GRANTEE's perfonnance hereinunder, and contingent upon
funding by the Institute of Museum and Library Services. The State of Florida's performance and
obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature.
In the event that the state or federal funds on which this agreement is dependent are withdrawn, this
agreement is terminated and the state has no further liability to the SUB GRANTEE beyond that
already incurred by the termination date. In the event of a state revenue shortfall, the total grant may
be reduced accordingly.
b. Provide professional advice and assistance to the SUB GRANTEE as needed, in implementing and
evaluating the project.
c. Review the project during the grant period to assure that adequate progress is being made toward
achieving the project objectives.
III. The SUB GRANTEE and the DIVISION mutually agree that:
a. This instrument embodies the whole agreement of the parties. There are no provisions, terms,
conditions, or obligations other than those contained herein; and this agreement shall supersede all
previous communications, representations, or agreements, either verbal or written, between the
parties. No amendment shall be effective unless reduced in writing and signed by the parties.
b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed,
and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party
shall perform its obligations hereunder in accordance with the terms and conditions of this agreement.
c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of
the agreement shall remain in full force and effect and such term or provision shall be deemed
stricken.
d. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or
default by either party under this Agreement shall impair any such right, power or remedy of either
party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any
similar breach or default.
e. lbis agreement shall be terminated by the DIVISION because offailure of the SUBGRANTEE to fulfill
its obligations under the agreement in a timely and satisfactory manner unless the SUB GRANTEE
demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the
SUBGRANTEE shall be determined by the DIVISION based on the terms and conditions imposed on
Page 2 of~
1601
the SUB GRANTEE in this agreement and compliance with the program guidelines. The DMSION
shall provide SUB GRANTEE a written notice of default letter. SUB GRANTEE shall have 15 calendar
days to cure the default. If the default is not cured by the SUBGRANTEE within the stated period, the
DMSION shall terminate this agreement, unless the SUB GRANTEE demonstrates good cause as to
why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good
cause" is defined as circumstances beyond the SUBGRANTEE's control. In the event of termination of
this agreement, the SUBGRANTEE will be compensated for any work satisfactorily completed prior to
the notification of termination.
f. The Division shall unilaterally cancel this agreement if the SUB GRANTEE refuses to allow public
access to all documents or other materials subject to the provisions of chapter 119, Florida Statutes.
g. Surplus funds must be temporarily invested and the interest earned on such investments shall be
r~turned to the State quarterly.
h. Bills for services or expenses shall be maintained in detail sufficient for proper preaudit and postaudit.
i. Any travel expenses must be maintained according to the provisions of Section 112.061, Florida
Statutes.
j. The DMSION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost
of collection related to the grant.
k. The DMSION shall not assume any liability for the acts, omissions to act or negligence of the
SUB GRANTEE, its agents, servants or employees; nor shall the SUB GRANTEE exclude liability for
its own acts, omissions to act or negligence to the DMSION. In addition, the SUB GRANTEE
hereby agrees to be responsible for any injury or property damage resulting from any activities
conducted by the SUBGRANTEE.
1. The SUB GRANTEE, other than a SUB GRANTEE which is the State or agency or subdivision of the
State, agrees to indemnify and hold the DMSION harmless from and against any and all claims or
demands for damages of any nature, including but not limited to personal injury, death, or damage to
property, arising out of any activities performed under this agreement and shall investigate all claims
at its own expense.
m. The SUB GRANTEE shall be responsible for all work performed and all expenses incurred in
connection with the Project. The SUBGRANTEE may subcontract as necessary to perform the
services set forth in this agreement, including entering into subcontracts with vendors for services and
commodities, PROVIDED TIIA T such subcontract has been approved by the DMSION prior to its
execution, and PROVIDED TIIA T it is understood by the SUB GRANTEE that the DIVISION shall
not be liable to the Subcontractor for any expenses or liabilities incurred under the subcontract and
that the SUBGRANTEE shall be solely liable to the Subcontractor for all expenses and liabilities
incurred under the subcontract.
n. Neither the State nor any agency or subdivision of the State waives any defense of sovereign
immunity, or increases the limits of its liability, upon entering into a contractual relationship.
o. The SUB GRANTEE, its officers, agents, and employees, in performance of this agreement, shall act
in the capacity of an independent contractor and not as an officer, employee or agent of the
DMSION. Under this agreement, SUB GRANTEE is not entitled to accrue any benefits of state
employment, including retirement benefits and any other rights or privileges connected with
employment in the State Career Service. SUB GRANTEE agrees to take such steps as may be
necessary to ensure that each subcontractor of the SUB GRANTEE will be deemed to be an
independent contractor and will not be considered or permitted to be an agent, servant, joint venturer,
or partner of the DMSION.
p. The SUB GRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations
under this agreement without prior written consent of the Department, which consent shall not be
unreasonably withheld. The agreement transferee must demonstrate compliance with the
requirements of the program. If the Department approves a transfer of the SUBGRANTEE's
obligations, the SUB GRANTEE remains responsible for all work performed and all expenses incurred
in connection with the agreement. In the event the Legislature transfers the ,rights, duties, and
obligations of the Department to another government entity pursuant to section 20.06, Florida
Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred
to the successor government entity as if it were an original party to the agreement.
q. This agreement shall bind the successors, assigns and legal representatives of the SUB GRANTEE and
of any legal entity that succeeds to the obligation of the DMSION.
?a~e3 of 4
1601
r. When publications, films or similar materials are developed, directly or indirectly, from a program,
project, or activity supported with grant funds, any copyright resulting therefrom shall be held by the
Department of State. The authoi: may arrange for copyright of such materials only after approval from
the DIVISION. Any copyright arranged for by the author shall include acknowledgment of grant
assistance. As a condition of grant assistance, the SUB GRANTEE agrees to, and awards to the
Department and to its officers, agents, and employees acting within the scope of their official duties,
and if applicable, the Federal Government, a royalty-free, nonexclusive, and irrevocable license
throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or
copyrightable material based on such data covered by the copyright.
s. No costs incurred before the date of this Agreement shall be eligible as project expenditures. No costs
incurred after the completion date or other termination of the Agreement shall be eligible as project
expenditures unless specifically authorized by the DMSION. I
IV. The term of this agreement will commence on the date of execution of the agreement.
THE SUB GRANTEE
THE DMSION
~~~ ---
Signature of Authorized Official
Frank Halas
Chairman, Collier County BCC
Typed Name and Title of Authorized Official
Judith A. Ring, Director
Division of Library and Information Services
Department of State, State of Florida
'. ~ ~ .~: .';:~:~:- >"
WitneJ&&... .... . . .... ". ..
-..---
~....".~~~ rv
. . " ~
. ..~ ,. ~/
. -~:. . c -- -- -.--l'lIIII' I
WItness 'It..bare onlJe
Witness
Witness
. .~AN;;.,'.'l "" ';''1, !ton!l & hrra,l :;lllfici~ne'
....~_... "'--'. 1)~
~~~~ ?~
..\. _tdaasCowaiJ ~uv.mal
'..
Item # l(Q b\
Agenda OL -~ 4
Date
Date 3 -~ -6\Q
Rae'
12/03/2003
Page 4 of4
1601
INTERNET SAFETY CERTIFICATION FOR APPLICANT
PUBLIC LmRARIES
PROGRAM YEAR 2005 FUNDS
As the duly authorized representative of the applicant library, I hereby certify that (check
only one of the following boxes)
A. ~ The applicant public library has complied with the requirements of Section
9134(f)(1) of the Library Services and Technology Act.
B. Cl The applicant public library seeks a waiver of the certification required in A.,
above, because State or local procurement rules or regulations or competitive
bidding requirements prevent the applicant library from certifying compliance
with Section 9134(f)(1) of the Library Services and Technology Act. The
applicant public library certifies that the library will comply with the
requirements of Section 9134(f)(1) before the start of Program Year 2006.
c. Cl The requirements of Section 9134(f) of the Library Services and Technology
Act do not apply to the applicant library because no funds made available under
the LST A program will be used to purchase computers used to access the
Internet or to pay for direct costs associated with accessing the Internet for a
public library or public elementary school or secondary school library that does
not receive discounted E-Rate services under the Communications Act of 1934,
as amended.
(Jr
~~~~
Signature of Authorized Representative
Frank Halas
Printed Name of Authorized Representative
Chairman. Collier County BCC
Title of Authorized Representative
Date
2/28/2006
Collier County Public Library
Name of Applicant LibrarylProgram
~lMl~t4ifurm&~Ae~
~. 0
_~...c_ ........
"""'.'(1' '-'-~, ....- ...............,..t..,
........ " ,.... r.',J),.
". . ~,?)~ ,t....~
12/1/2004 12:53:52 PM
CERTIFICATION REGARDING 1 "0 1
DEBARMENT, SUSPENSION, INELIGmILITY AND VOLUNTARY EXCL..tI~
LOWER TIER COVERED TRANSACflONS
This certification is required by the .regulations implementing Executive Order 12549, Debannent
and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as
Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations may be
obtained by contacting the person to which this proposal is submitted.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
t.([
BCC
Signature
2/28/2006
Date
...-:f;~('r7';::~ ';,;:, .'''3't"; ~'"
,"""-- ~~.,,;;..;..,~..
.. ...., .,../'~ .-~-- r. ^,' -"-"Y'!-
~. ~ .;m.....~"....~41 ..'''',....0:..:._.'_ ....,iM..L;t,;"j.p..;;.,,~
ED Form GCS-009, 6/88
INSTRUCTIONS FOR CERTIFICATION
1601
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debannent.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and ''voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should-!he proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which frJs transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier
Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List (Telephone Number).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available
to the federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debannent.
ED Form GCs..oo9, 6/88
1602
Safe Havens Abstract /Proposal Summary
The county government of Collier ~ounty, Florida is applying for the Safe Havens Grant
Program to further improve supervised visitation services, enhance security and expand services
to the underserved population in our community. With the receipt of this grant in September
2005, Collier County contracted with the Family Visitation Center of the Collier County Child
Advocacy C.ouncil to provide supervised visitation, safe exchanges, risk assessments and case
management for victims of domestic violence and their children. We are requesting $350,000
for the next two years to continue our implementation grant. The mission of the Collier County
Child Advocacy Council is to minimize trauma for abused and neglected children and enhance
families' capabilities to provide a safer environment for their children. The agency and team
members have shown a commitment to the providing quality services to the children in our
community for the past twenty years. The visitation program has the same mission for victims of
child abuse including children exposed to domestic violence. The goals are to keep children and
adult victims safe, to provide a child friendly environment for visitation and exchanges, and to
assist families through their crisis through case management, support to victims and their
children, and community referrals that hold barterers accountable for their actions. An outcome
of the partnership is to increase the ability for our community agencies to work collaboratively
on behalf of victims of domestic violence, sexual assault, child abuse and stalking. Collier
County is the largest county in Florida and includes the rural predominantly migrant community
of lmmokalee. Almost 20% of the school age children have limited English proficiency. With
the 2005 grant, the visitation program hired a bilingual (English/Spanish) case manager to
broaden the client base by connecting both linguistically and culturally with the underserved
population as well as specifically serving the needs of the community of lmmokalee.
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
1602
Safe Havens Proposal
Status of the Project
The Collier County was notified of our Safe Havens award at the end of September, 2005.
However, we experienced a severe setback with our plans. On October 24, 2005, Hurricane
Wilma devastated our community. Collier County staffhad to run the local emergency
operations center. The visitation agency building lost its roof and experienced major damage.
The visitation center has been operating in donated office space until their building is
reconstructed.
Despite the delayed start, a bilingual case manager was hired and began working in December.
She was previously employed by Hispanic Social Services and had developed and implemented
a successful program to teach immigrant women about domestic violence. She received a
master's degree in psychology in Cuba and practiced psychotherapy in both hospital and
outpatient settings. Since she began with the visitation center, she has been trained on security
procedures, confidentiality policies, operations of the visitation program, issues of sexual abuse
and visitation, and domestic violence risk assessment. She is assigned to all families living in
Immokalee and those in both Naples and Immokalee who speak Spanish. She and the program
director have attended two meetings of the Immokalee Interagency Council and met with
representatives from the domestic violence agency office in Immokalee and with Guadalupe
Social Services, a division of Catholic Charities in Immokalee. Regular visitation office hours
have been established in Immokalee. The program director provided training to the staff at the
local domestic violence center on supervised visitation including the appropriate referrals,
security issues, and project outcomes. The Shelter for Abused Women's staffhas been contacted
to schedule training on domestic violence risk assessment and addressing the needs of victims.
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One representative from Collier County government and three from the visitation agency
attended the OVW Grantee Orientation Meeting for technical assistance. Two representatives
from Collier County government attended the financial training offered by the Department of
Justice.
Current Goals and Objectives
Goal # 1 To provide a safe environment for families and staff.
Objectives:
I. To document all critical incidents and follow up with the court as needed.
No critical incidents occurred since initiation of the grant program.
2. To train all staff in safe visitation practices.
New staff received training in safe visitation practices
3. To provide security for visitation services.
Off duty police officers provided security for eight hours on Sunday only. Additional
security will be hired for Immokalee
Goal # 2 To provide a positive experience for 50 children and 30 adults victims.
Objectives:
1. To assist parents in the establishment of appropriate and consistent visitation schedules.
Seven children and three adult victims were assisted with the establishment of visitation.
2. To require parents to follow the rules of the center regarding visits and exchanges.
All parents reviewed and signed the rules for visitation. The rules have been translated
into Spanish.
3. To provide a child friendly environment with age appropriate toys and activities.
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The visitation center provided a child friendly environment for all visits and exchanges.
New educational toys have been donated for both the Naples and Immokalee offices.
Goal #3 To assist 30 families in resolving their crisis and assist them in the healing process.
Objectives:
1. To maintain communication with the local court regarding the needs of children and
families.
Progress reports were sent to the Court regarding the progress of the four families
served by this project.
2. To refer for and track needed services and advocate for the needs of the underserved
victims.
Contacts have been made with providers in Immokalee regarding the needs of the
families who might benefit from supervised visitation services. We plan to establish an
Immokalee Advisory board to specifically examine the needs of victims in the
underserved community and to discover innovative ways to provide outreach.
Referrals made by the visitation center to community providers will be tracked.
3. To coordinate victim services with the community domestic violence center.
Shared trainings have been scheduled with the community domestic violence center.
The bilingual case manager has been asked to present to support group meetings held at
the domestic violence center and the visitation agency will have a table at the
community health fair in Immokalee as an effort to reach out to victims.
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This project complements the STOP Violence Against Women program as we are engaging in
collaborative effort to educate agenci~s serving victims of domestic violence and looking beyond
traditional resources to develop strategies to assist victims and their children. The Florida Byrne
Formula Statewide Strategy has a goal of improving the criminal and juvenile justice system's
response to domestic and family violence, including spouse abuse, child abuse, and abuse of the
elderly. Our:project complements this strategy as we are involving the Court and law
enforcement in our partnership and in the training for the partners on domestic violence, child
abuse, sexual assault and stalking. The Byrne Strategy also addresses crime prevention and
focusing on children at risk of abuse and neglect including missing children. Our focus in
developing safety and referrals of families for community services is compatible with this goal.
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Project Narrative
Purpose of the Application
Domestic violence is extremely damaging to children who live with it and has a profound affect
upon their behavioral, psychological, developmental, educational and social functioning. The
newspaper headlines all too frequently report tragedies in which children were killed or injured
in situations,.involving domestic violence. The batterer's motivation to intimidate their victims
through the children increases when the couple separates because of the loss of other ways to
exert control (Bancroft and Silverman, 2002.) When a victim with children is granted an
injunction for protection against domestic violence, the Court determines if the perpetrator will
have contact with the children and allows for the type of contact that will occur. The
newspaper headlines all too frequently report tragedies in which parents have killed or injured
their children. September 2003 in Orlando, Florida, a father with a restraining order against him,
attempted to kill all of his four children and succeeded in killing two of the children and himself.
The court did not provide a domestic violence assessment and rejected the mother's request for
supervised visitation. Instead the court ordered weekend visitation with the father and exchanges
of the children at a Burger King. In another tragic case in Orlando on Christmas Day 2003, a
father crashed his burning car into the home of his in-laws when he was returning his two young
children from a court ordered visit. In that case the mother had been denied a restraining order
because there was not enough evidence and in fact the judge had scolded the parents and told
them to behave in front of the children. While these tragic losses may not have been prevented,
it is clear that there was limited early intervention on behalf of the victims. A major finding of
the 2003-2004 Florida Domestic Violence Fatality Review Team was that there was a failure to
effectively utilize appropriate services. Supervised visitation and safe exchange services assist
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victims and children by allowing for parental contact after separation while maintaining safety.
The Court directs the visitation agency to provide this oversight and the program assesses the
immediate and on going risk for the victim and the children. The visitation program reports
incidents to the Court and advocates for client safety. The program links victims with domestic
violence agencies to assist with their immediate and long term needs. Both visitation center staff
and staff froW the community domestic violence agency attend injunction court. When referrals
are made for visitation, visitation center staff can assist the parents by contacting them that day
and making arrangements for scheduling intake appointments. This expedites the provision of
services and the staff already has information regarding the request of the court and the details of
the proceeding. Advocates from the community domestic violence agency can assist victims
with understanding the court process and the purpose of the visitation services.
Our community faces many challenges when providing services to families. Collier County,
Florida is the second fastest growing metropolitan area in the nation (2000 U.S. Census). With
growth there is a great demand for services for families and children. The county is also the
largest geographically in Florida with 2025 square miles, larger than the states of Delaware and
Rhode Island. The rural predominantly migrant community of Immokalee is approximately 45
miles from the city of Naples. There is extremely limited public transportation within the
metropolitan area and it is almost nonexistent to the outlying areas. The schools have a diverse
population reporting over 38 % Hispanic and 5 % Haitian. 48 % of the overall school population
is categorized as economically needy (Collier County Public Schools, 2005). We are challenged
by a large limited English speaking population of up to 47 % in one of the elementary schools in
East Naples and with Immokalee elementary schools ranging from 30 % to 45 % (Florida School
Indicators Report, Florida Department of Education, 2004). Domestic violence rates are five
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times higher among families below poverty levels (Campbell, 1. et. aI., 2003.) Discrimination
and lack of bilingual staff have led. to underutilization of domestic violence services for the
Hispanic populations and a fear of deportation is common among undocumented immigrants
(Anderson, M.J.,1993.)
The Shelter for Abused Women and Children, our community domestic violence agency,
provided emergency shelter to 312 victims and children last year and provided face to face
counseling for 2,822 victims and their children. In the fiscal year 2004 to 2005, the local
domestic violence shelter housed 147 children of domestic violence victims. 36% percent of the
clients in shelter were Hispanic as were 48 % of the clients served in outreach (Florida
Department of Children and Families, 2004). Of 1230 petitions filed for temporary protection
against domestic violence in 2004, 359 included children (Collier County Clerk of Courts, 2005.)
Last year the Family Visitation Center of the Collier County Child Advocacy Council provided
services to 167 victims of domestic violence and their children. The main office is in Naples
located several miles from the courthouse. Of 972 children served by all of the programs of this
agency in 2005,271 were Hispanic and 70 were Haitian.
The target population will benefit by continuing the provision of services in the outlying and
rural areas. They will also be assisted by the continued employment of a case manager who is
f1uent in Spanish and by Creole translators in addition to having culturally sensitive and local
services for supervised visitation and safe exchanges. The expanded collaboration of the
partnering organizations will enhance services to domestic violence victims and their children by
creating a comprehensive plan for domestic violence response with improved and appropriate
utilization of supervised visitation for the community.
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What Will Be Done
The Family Visitation Center is the only non-profit community based agency in Collier County
providing visitation services for the victims of domestic violence and their children. Each time
the Family Visitation Center conducts a supervised visit or monitors a safe exchange, a possible
incidence of violence may have been prevented. Initiated in 1997, this program was specifically
designed for domestic violence victims and their children. It provides a domestic violence risk
assessment for the court that considers the safety of the children and adult victim. Children of
battered women are often victimized by prolonged legal disputes precipitated by the batterer's
issues of power and control about which parent should have custody and what kind of visitation
is reasonable. Even before separation, perpetrators of domestic violence warn that they will seek
custody of the children and threats of parental abduction are common. The visitation center can
provide for the physical and emotional safety of the children and provide safety for the victim
through supervised visitation and safe exchanges. Far too often the same families seek services
from multiple agencies and the agencies do not have the means to communicate effectively and
collaborate to support the family. In cases of domestic violence and child abuse, this is further
complicated by the nature of the victimization and the need to maintain confidentiality. The
Collier County Child Advocacy Council is a full member of the National Children's Alliance and
has developed an effective protocol for agencies including mental health, child protective
services, law enforcement and the prosecutor's office to assist victims of child abuse and sexual
assault. Their visitation center was modeled on the same premise. By developing a formal
protocol with a consulting committee with the partners from this grant along with other
community agencies, families served by the supervised visitation program will benefit from the
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collaboration of all of the professionals, avoid duplication of services and receive appropriate
interventions. By working cooperatiyely with other community agencies, families can receive
assistance in the process of healing and break the cycle of abuse
Because of their expertise in child abuse and neglect, the courts refer the most severe cases to
this visitation agency. Families receive services for an average of six months to a year.
Currently they employ four full time staff; three Case Managers and a Program Director. An off
duty police officer is employed for eight hours per week on Sunday to provide security in
addition to the use of two-way glass/mirrors, walkie-talkies, and an alarm system with a panic
button. With the first year of Safe Haven's grant funding, the program expanded to include a
full-time Case Manager who is fluent in Spanish and English, translators for Creole and other
languages as required and additional security for the satellite office to include evening hours.
Goals and Objectives
There are three major goals for the visitation program. These goals reflect the agency mission to
minimize trauma to abused children and enhance families' capabilities to provide a safe
environment for their children.
Goal I: To provide a safe environment for visitation services for 50 families per year
Objectives:
1. To document critical incidents and follow up with the court as needed.
2. To train all staff in safe visitation practices.
3. To provide adequate security for visitation services and continue to assess
security needs
Goal 2: To provide a positive experience for 50 children and 35 adult victims per year
Objectives:
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1. To assist 90% of the parents in the establishment of appropriate and consistent
visitation schedules.
2. 100% of the parents to will sign and agree to follow all rules of the center
regarding visits and exchanges.
3. 100% of the children will be provided with a child friendly environment with age
appropriate toys and activities.
Goal 3: To assist 50 families in resolving their crisis and assist them in the healing process
Objectives:
1. To communicate with the Court regarding needs of 100% of the families with a
minimum of one assessment or progress report.
2. To refer for and track needed services of under served domestic violence victims.
3. To coordinate victim services with the community domestic violence
center by phone communication and case staffing as required.
Responsibilities of the Collaborative Partners
This is a collaborative grant involving a commitment from Collier County as the applicant and
fiscal agent. The county has had a working relationship with the Collier County Child Advocacy
Council (d.b.a. Child Protection Team) since 1992 working through the County Department of
Human Services to pay for medical exams of abused children. The county will provide the
oversight of the grant program and convene the partners for regular collaboration meetings.
The Shelter for Abused Women and Children, the local community domestic violence center,
will assist domestic violence victims in accessing visitation services through their court advocacy
and outreach program. The local visitation program has had a working relationship with the
community domestic violence center for the past seven years. When a victim is referred from
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the court and has not made contact with the agency, the visitation center contacts the domestic
violence center. In the past, the court advocates are often able to get in touch with the victim and
may arrange transportation and translation services. Since the inception of the Safe Haven's
Grant Program, there are visitation services in the rural part of the county. There is now a
bilingual case manager and transportation has become less of a barrier for the provision of
services for victims and their children. The visitation agency refers adult victims and their
children to counseling at the shelter and participates in training provided by shelter staff. Since
the formal collaboration began with our first Safe Haven's grant funding, the shelter has
contracted to provide three training staff development sessions for the visitation center staff and
for the collaborative partners on domestic violence risk assessments, social and cultural aspects
of domestic violence in our community and working with children affected by domestic
violence.
The local Court will continue to provide referrals to the visitation center of the most severe cases
and those requiring security. The visitation program has a formal agreement with the Court to
follow the Florida Minimum Standards for Visitation. The court has copies of the policies and
procedures of the visitation program and clients are referred back to the court if a grievance
cannot be resolved by the visitation program. Through enhanced opportunities for technical
assistance provided through this funding, we plan to further involve the Court in the
development of best practices for the visitation program and for serving domestic violence
victims and their children.
T\vo new partners have been added to the MOU agreement. The David Lawrence Center
provides mental health and substance abuse services to families and children, including but not
!imited to emergency services, crisis stabilization, detoxification, residential, community and
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outpatient treatment. This agency provides the batterer's intervention program, substance abuse
treatment and psychiatric evaluations as ordered by the Court. As an MOD partner, they will
bring a different perspective to the collaboration and consult with the partners on issues relating
to the batterer, substance abuse treatment and psychiatric evaluations. Victims may also have
substance abuse problems and the partnership needs to address how to best assist them. Often
psychiatric t:valuations are done without any contact with referral agency and the evaluator does
not have the collateral information that may affect the diagnosis and recommendations for
treatment. The David Lawrence Center has offices in both Naples and lmmokalee and will
designate a representative to attend meeting of the lmmokalee Advisory board.
Catholic Charities of Collier County provides an established continuum of refugee related
services including but not limited to resettlement, immigration and employment. This faith
based partner can provide consultation regarding the needs of immigrants and function as a
referral source for the visitation program. Catholic Charities provides social services in both
Naples and Immokalee and is also a resource for both emergency food and financial assistance.
Many of the victims are immigrants and may be undocumented. Catholic Charities can provide
consultation to the partners on the legal issues facing these victims and as a faith based provider
may be viewed as less intimidating to the victims when seeking services.
The Collier County Child Advocacy Council is a community based non-profit organization. The
agency has achieved full membership in the National Network of Children's Advocacy Centers.
The agency provides services to child victims of abuse, neglect, domestic violence and sexual
assault and operates the Family Visitation Center. The agency includes the Child Protection
Team and the school based Child Victim Rapid Response Program and a court ordered Parent
Education Program. The staff of the Children's Advocacy Center (CAC) will provide training
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for the partners on child abuse and neglect and sexual assault. By having a domestic violence
visitation program for the past eight years, the staff of the Child Protection Team and of the
school based advocacy program has had a unique opportunity to observe the impact of domestic
violence on children and gain a better understanding of the relationship of domestic violence and
child abuse. This opportunity will benefit the development of a comprehensive community plan
for a response to domestic violence and children. The visitation agency will be responsible for
the day-to-day operations of the visitation center and report to the fiscal agent. They will be
responsible for hiring staff, ensuring specialized staff training and evaluation, providing a
program evaluation and maintaining the minimum standards of visitation as set forth by the
Florida Supreme Court, 1999.
The Family Visitation Center is proposing to continue to enhance their services to better serve
the rural community of Immokalee. By maintaining a regular presence in Immokalee, they can
provide for the safety of women and children of domestic violence while facilitating supervised
visitations and exchanges in addition to providing family assessments and case management
services.
Timeline
The collaborative partners will continue to hold scheduled the partner meetings and training
sessions. The visitation agency will advertise the positions available to support the underserved
population identified in this proposal. The Program Director will meet with the Immokalee
Advisory Board and continue to contact victim serving community and faith based organizations
in the Immokalee to identify specific tasks to accomplish the goals and objectives. Agency staff
along with collaborative partners will explore and develop culturally and linguistically specific
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materials for the underserved population. OVW training for the program and fiscal staff will be
scheduled.
October 2006: Hire Visitation Monitor. Continue training of visitation staff and schedule future
training dates. Sign formal agreements with the Consulting Committee.
November 2006 to September 30, 2008: Provision of services as described In narrative,
Collaborativ~ partners meet regularly. Ongoing evaluation of services to meet needs of
underserved and rural community. Monitoring and reporting by Collier County Department of
Social Services as the fiscal entity
Proe:ram Snecifications
Purpose of Visitation Center and Scope of Services
The Family Visitation Center was created as a response to an identified need in our community.
Originally funded with a small grant from the local community foundation, they eventually
received funding from the Victims of Crime Act. Three years ago this funding became restricted
to case management services and the visitation center had to raise the funds to continue. There
are no state or county government funds available for visitation services for domestic violence
victims. The purpose of center is to assist in child access for children whose families were
referred from domestic violence, family court or criminal court. The participants or court order
must document a history of domestic violence or other family violence. The center does not
accept cases where the state has jurisdiction such as in foster care or protective supervision. A
Case Manager is assigned to each family. In addition to the supervised visitation and safe
exchanges, their job is to conduct the intake and risk assessment, maintain the client records, and
correspond with the Court. The Program Director is responsible for the development and
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management of the program including direct supervision of the staff, program evaluation, and
assuring compliance with the standards of visitation. The Program Director will be responsible
for the coordination of services with the collaborating partners. With the current Safe Haven's
funding there is a bilingual English/Spanish Case Manager assigned to the clients with limited
English skills in the community of Immokalee and in the Naples location. Translators are hired
to help with ~anguages other than Spanish.
Hours of Operation
The visitation center is open from 8:00 AM to 5:00 PM Monday through Friday and from 9:00
AM to 4:30 PM on Sunday. With the expansion, we are scheduling evening hours and regularly
scheduled time in lmmokalee.
Intake Procedures
Each parent is required to participate in an intake and risk assessment. This includes a review of
all policies and expectations for participation in the program. All efforts are made to interview
the victims first. Children over age four participate in an interview with the Case Manager to
assess their risk and exposure to domestic violence. The interview enables the children to visit
the center prior to the visitation services to orient the children and allow them to develop a
relationship with the Case Manager. In rare cases where the children have been so traumatized
that they refuse visitation, the case manager makes a referral for victim counseling for the child.
The Court is informed and in most cases visitation is initiated when the counselor deems that the
child is ready. Parents with children under age four are encouraged to visit the center with their
children prior to the commencement of services to minimize the strangeness of the situation and
acquaint them with center staff. There are cases where young children have a great deal of
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difficulty separating form a parent and center policy allows for a limited period of time when a
child cannot be comforted to cancel a visit.
Referral Process and Fee Protocols
Referrals may be received from the Domestic Violence Court, Family Court or Criminal Court.
All referrals to the visitation program are made by court order. The order becomes the
mechanism by which the center provides appropriate services. The local Court works with the
partners to ensure that the orders are clearly stated and have dates for regular review or case
closure. The parents are expected to contact the visitation agency within a specified period of
time. The visitation center communicates the provision of services and reports any critical
incidents to the courts. Presently the court reviews incident reports that are filed by the visitation
center and sets them for a hearing. In accordance with the Florida Minimum Standards,
visitation is suspended by the agency until the court reviews the incident.
Parents through their attorneys or parent coordinators may stipulate to use our services. When a
request for services is received and deemed appropriate, this constitutes a referral. Family
Visitation Center does not discriminate against any client due to race, religion, gender, sexual
orientation, national origin, age, or disability. Family Visitation Center does not any charge fees
for services. Victims may receive free counseling through the domestic violence center but are
not required to attend counseling. Family Visitation Center provides a referral list of community
agencies to each parent for parent education, drug and alcohol evaluation and treatment and
mental health counseling. The list specifies which providers accept Crime Victim's
Compensation. The list is provided as a guide only and parents are not limited to the providers
on the list.
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A visitation schedule is developed within thirty days of acceptance into the program. The
schedule is maintained to maximize the consistency for the child and to minimize the loss the
child is experiencing. Non-compliance with the schedule is reported to the court in the form of
a progress report. The Center staff works with domestic violence victim advocates to insure that
victims understand the visitation center role and the court orders particularly in cases when the
victims are pro se. Frequency and length of visits depend upon the request of the court order. In
the absence of a specific court order, this will be determined by the age of the child, parent work
schedules, school hours and center availability.
Program Security
All visitation staff members are trained in secure visitation practices. This involves a thorough
knowledge of the dynamics of domestic violence. Each family participates in a domestic
violence risk assessment. The case file is required to contain copies of orders of protection,
copies of parents' driver licenses and those authorized to transport the child as well as
emergency contact information. The visitation facility is undergoing a second renovation that is
expected to be completed by March 2006. The renovated visitation facility was specifically
designed for this population. There is an alarm system with panic buttons and separate waiting
rooms for perpetrators. The visitation rooms are all interior rooms. The facility is equipped with
a secured entrance and the visitation rooms can be monitored by a two-way mirror and have
recording capability. An off duty uniformed police officer is employed on Sunday. The
Immokalee office also has a two-way mirror with recording capability. With the Safe Havens
grant the center will soon begin offering evening hours in the Naples facility with a police officer
present. Family Visitation Center may decline a case for which they cannot reasonably ensure
the safety of all clients, staff or volunteers including, but not limited to the following reasons:
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staff or volunteers are not adequately trained to manage issues identified at intake, adequate
security cannot be provided, or a conflict of interest is established.
Record Keeping and Confidentiality
Supervised visits may be provided by the use of a two-way mirror. Visits may be recorded and
become part of the confidential file. A written observation report is completed for each visit and
maintained iIl the file. Safe exchanges for visitation are scheduled with staggered arrival times
insuring no contact between the parents. The perpetrators always arrives first and leaves last to
avoid confrontation or stalking. Documentation of each exchange is noted in the case file. A
chronological contact sheet is maintained to document all phone and in person contacts with and
on behalf of a family. All client records are confidential and will only be released by subpoena
from the requesting party. Records are kept for seven years or until the youngest child is 18
years of age. Releases of information to another provider are also kept in the case file
Training Requirements for Staff and Volunteers
Training for visitation staff includes the Competency Based Training (Clearinghouse on
Supervised Visitation) that covers basic information regarding child abuse and neglect, the
effects of domestic violence on children, and legal and ethical issues in visitation, and
understanding with culturally diverse populations and their needs. Staff is expected to acquire
and maintain the Victim Designation Training Certification offered by the Florida Office of the
Attorney General. The agency takes advantage of local training opportunities such as a recent
training on human trafficking provide by the Collier County Sheriff s Department and assisting
parents with missing children offered by the Office of the Attorney General. The Program
Director participates in phone conference technical assistance training offered by the
Clearinghouse on Supervised Visitation and attends state level training offered by the Supervised
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Visitation Network, Florida Chapter. The center staff also benefits from the technical assistance
Visitation Things Considered phone conferences and viewing other Praxis DVD's and listening
to audio conference trainings. The Community Foundation of Collier County has funding grants
for training opportunities to attend national level conferences. The Program Director hold s the
office of Vice President of the Florida Chapter of the Supervised Visitation network currently
serves on the training committee of the national Supervised Visitation Network and is involved
in developing the standards for certification for Florida Visitation programs through the Florida
Chapter of the Supervised Visitation Network. The Program Director and the Executive Director
of the visitation agency have master's degrees in counseling and counseling education. They
each have been working in the field of family violence and child abuse for over ten years. The
Case Managers have bachelor's degrees in psychology. All staff receives basic and advanced
domestic violence training. Fiscal Staff and the Program Director participate in OVW sponsored
training and technical assistance.
Compositions and Roles of Advisory Committee
The Children's Advocacy Center CAC operates an advisory committee comprised of
representatives from child advocacy, law enforcement, state attorney, Department of Children
and Families, mental health and the Child Protection Team. This committee meets regularly to
utilize a multidisciplinary approach to addressing common issues, coordinating training
opportunities and facilitating positive relationships between providers.
With this grant, the advisory committee for supervised visitation follows the same model and
interfaces with the existing advisory board.
Because the expansion into the rural and
underserved communities, we hold advisory committee meetings locally in Immokalee and
include representatives from that community. In addition to the collaborative partners for this
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grant, we have invited the Friendship House (local homeless shelter), the Redlands Christian
Migrant Association (childcare), the Guadalupe Center (child care and faith-based outreach
Florida Department of Children and Families (child protection services), the Child Protection
Team (child abuse and neglect) and local law enforcement.
In addition we plan to develop a formal Consulting Committee that will emulate the committee
the Children's Advocacy Center and Child Protection Team have developed to conduct
multidisciplinary staffing for individual cases.
Who will Implement the Proiect
Collier County Government will act as the fiscal agent and ensure compliance with the grant and
reporting requirements of the Office on Violence Against Women. The project will be
coordinated with local courts, the local supervised visitation program and the community
domestic violence center. With a future goal of unified family court, the local court currently
hears a separate civil domestic violence docket one day per week. The visitation agency
receives most of their referrals directly from this docket. While the court representative to the
collaborative partnership is not able to discuss specific cases, the partners will review how the
court is making referrals, the appropriateness of the referrals, and how to better communicate the
issues with the court. The visitation center will review safety concerns with the partners, discuss
referral resources and explore ways to better reach the underserved population. The domestic
violence shelter will share their expertise in the areas of understanding the impact of domestic
violence and safety concerns and advocate for the victims and their children. The David
Lav,rrence Center, the local community mental health center, provides substance abuse treatment,
batterer's intervention programs and psychiatric evaluations in both Naples and lmmokalee. As
a new collaborative partner, they will share their expertise in these areas and bring a different
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
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pcrspecti ve to the existing partners. In turn they will receive information regarding victim safety
and the roles of the other partners in the collaborative effort. Catholic Charities provides a
variety of social services in both communities. They provide emergency financial assistance a
prescription drug program and have an extensive refugee employment and assistance program.
For the past seven years, Catholic Charities has been a partner of the Children's Advocacy
C enter as the mental health provider for sexual abuse treatment.
Partnership meetings held in the Immokalee community include other community and faith
based organizations that provide direct services to the undeserved population. The goal of these
meetings is to inform the Immokalee agencies of the services available and to gather their input
on how to best implement visitation services in their community. The involvement of these
victim-serving agencies is critical to the success of the program in the outlying areas. They can
~lssist the partnership in identifying barriers to receiving services and gaps that currently exist.
\n outcome for these partnership meetings is to develop a community protocol for domestic
\iolcnce and children. It is critical that the partnership establish a common philosophy, identify
comprehensive and culturally sensitive strategies to assist domestic violence victims and children
j 11 this post separation period, and initiate discussions regarding the appropriate utilization of
\isitation programs. When there is a child abuse report and there is domestic violence, a number
,) i' agencies are involved with the family. The Collier County Child Advocacy Council, as a
Chi idren' s Advocacy Center, has been successful in bringing the child advocates, child
protection agencies and law enforcement together in a multidisciplinary team to assist in the
:~1<)st severe and complex cases of child abuse and neglect. A community protocol has been
ic\cloped and accepted for child abuse that acknowledges the combined wisdom and knowledge
! ier County Safe Havens: Supervised Visitation and Safe Exchange Program
22
1602
of professionals of different disciplines will result in a more complete understanding of case
issues and the most effective, child and family-focused system response.
With the addition of the domestic violence perspective, this protocol would be further enhanced.
This goal can only be achieved by developing a working relationship with the partners that
encourages respect and fosters growth among the disciplines. Each partner has a unique
perspective to share to reach a common goal. The Safe Haven's Consulting Committee will
include the existing partners as well as representatives from other victim serving agencies, law
enforcement, the Office of the State Attorney, and the Department of Children and Families. An
interagency policy agreement will be developed by the partners. The goal of this agreement will
be to provide an interagency, interdisciplinary strategy in order to work effectively to intervene
on behalf of the victims of domestic violence, child abuse, sexual assault and stalking and make
recommendations for resolving the family crisis while holding batterers accountable for their
actions. A further goal will be to develop a coordinated approach to allow all disciplines to share
their expertise and create a culturally appropriate response to domestic violence specifically
involving families with children.
Over the past seven years the visitation program has conducted staffing meetings regarding
particular cases following the protocol of the Children's Advocacy Center. They may conduct a
multidisciplinary staffing of the case to discuss the findings of the assessment and develop an
agreed upon plan for the family. These staffings may be provided when it is requested by the
Court or any professional working with the family, there is a question about the safety of the
child, the case appears to be one where there will be further court action, or circumstances exist
which indicate the need for a multidisciplinary approach to the case. If there are reports of abuse
or neglect made by the visitation program staff, a multidisciplinary staffing will be held
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
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subsequent to the report. All professionals invited to the staffing sign a confidentiality statement.
The program director or case manager facilitates the staffing discussion. A report is generated
by the visitation program reflecting the shared discussion and recommendations for further
services. These reports become part of the confidential record. Recommendations are sent to the
Court and to the parents and their respective attorneys. Each participant at the staffing meeting
also receives;a copy of the report.
Another part of the collaboration will be to present information regarding the expansion of the
services to the Immokalee Interagency Council, the 20th Judicial Circuit Victim Services
Coalition and to other interested community groups to enhance community awareness and
understanding of the impact of domestic violence on the victims, their children and on the
community.
Sustainabilitv Plan
The Collier County Child Advocacy Council has been providing supervised visitation services in
Collier County since 1997. The agency currently receives funding from multiple sources
including local United Way, state funding from the Florida Department of Health, federal
funding through Victims of Crime Act from the Office of the Attorney General, and various
fundraising events. Although the Collier County Board of Commissioners does not fund non-
profit agencies, the Safe Havens Grant Program gives the county the opportunity to assist this
agency in their provision of these critical services that keep domestic violence victims and their
children safe. The agency has been in existence since 1986 and is stable financially. As Naples
is a growing community, there is also potential growth in the donor community. The agency has
applied for funds with the Naples Children and Education Foundation and will continue to seek
their support. An endowment has been established to provide a continual funding source. Thea
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
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agency has added a development director and donor software is being utilized to expand the
donor base. Additional resources would be and have been sought through grants, special events,
and other fundraisers. Extensive community outreach and partnerships with local businesses are
always being developed. The agency board of directors will continue to be expanded to include
donors and interested individuals.
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
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Budget Detail Worksheet and Narrative
A. Personnel
Name/Position
Computation
Cost
No Personnel are requested
TOTAL
$-0-
B. Fringe Benefits
~
Computation
Cost
No Fringe Benefits are requested
TOTAL
$ - 0-
C. Travel
These charges are for technical assistance and capacity-building activities sponsored by OVW
designated technical assistance providers.
Purpose of Travel
Location
Item Computation
Cost
OJP- T A
Unknown
Airfare ($450 X 1 person X 5 trips) $ 2,250
Hotel ($100/night X 3 nights X
1 person X 5 trips)
$ 1,500
Meals ($50 day X 3 days X
1 person X 5 trips)
$ 750
Ground Transportation
( $50/trip X 1 person $ 250
X 5 trips)
TOTAL $ 4,750
D. Equipment
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
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1602
The Case Managers for the Immokalee office will use the computer to record participant
information and to manage information on supervised visitation and safe exchanges.
Item
Computation
Cost
2 - Pentium IV processor
$1,200 X 2
$ 2.400
TOTAL
$ 2,400
E. Supplies
Supply Items
Computation
Cost
No Supplies are requested
TOTAL
$ -0-
F. Construction
Purpose
Description of Work
Cost
No Construction is requested
TOTAL
$-0-
G. Consultants / Contracts
Name of Consultant
Unknown
Unknown
Unknown
Security
Translators
Service Provided Computation Cost
Domestic Violence Training $250 / day X 6 days $ 1,500
Cultural Diversity Training $250/ day X 6 days 1,500
Technical Assistance Training $250/ day X 12 days 3,000
1 Guard @$33 per hour X 39.14 hrs per mo. X 24 mo. 31,000
Language Translation $166.67 / month 4.000
TOTAL
$41,000
A Domestic Violence Trainer will be hired to assist with the education of new center staff,
volunteers, local domestic violence advocates, law enforcement officers, and any collaborators
with the center. There will be six trainings over a two year period.
A Cultural Diversity Trainer will be hired to assist with the education of new center staff,
volunteers, local domestic violence advocates, law enforcement officers, and any collaborators
with the center. There will be six trainings over a two year period. Technical Assistance
trainers will assist with the education of new center staff, volunteers, local domestic violence
advocates, law enforcement officers, and any collaborators with the center. There will be twelve
trainings over a two year period.
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
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Independent security personnel will be hired to support the center staff during visitation hours
only. Translators will be hired as needed to assist staff with overcoming language barriers with
clients.
Program Director
Case Manager
Case Manager
Visitation Monitor
49,247 X 50 % + 51,709 X 50 %
37,681 X 25 % + 39,565 X 25 %
34,650 X 100 % + 36,383 X 100 %
33,000 X 100 % + 34,650 X 100 %
$ 50,478
19,311
71,033
67,650
TOTAL
$208,472
Employer's FICA
Retirement
Health Insurance
Workman's Compensation
$208,472 X 7.65 %
140,822 X 8.00 %
208,472 X 14 %( flat rate)
205,480 X <1 % (.0070)
$15,948
11,266
29,980
1.452
TOTAL
$58,645
The Program Director will oversee the operations of the supervised visitation center, provide
supervision to the Case Managers and Visitation Monitor, and conduct case reviews. The
Program Director will serve as staff to the collaborative partnership and report the activity of the
center to the advisory board. The Case Managers will be responsible to accept intake referrals,
conduct intake interviews, collect necessary reporting statistics and prepare all reports to the
court. Case Managers are responsible for scheduling and supervising visits and exchanges. The
C jSC Manager funded 100% by this grant will be assigned to the Immokalee center and assist as
nccded \vith the clients who require a bilingual case manager in the main office. The Visitation
\lonitor will supervise visits and exchanges and assist with families requiring a bilingual
supervisor. A 3 % cost of living and a 2 % performance raise were included for the second year.
!)rogram Director and Case Managers are eligible for retirement. New full time staff receives
!lc~t1th benefits after 30 days of employment. Employees are eligible for retirement benefits after
l \\ \.) years of employment with the agency.
(),lP-TA
Unknown
Airfare ($450 X 4 people X 5 trips) $ 9,000
Hotel ($IOO/night X 3 nights X
4 people X 5 trips)
$ 6,000
Meals ($50 day X 3 days X
4 people X 5 trips)
$ 3,000
()cal Travel
Ground Transportation
( $50/trip X 4 people $ 1,000
X 5 trips)
Collier County 246 miles/week X $.37/mile $ 9,500
.i;ier County Safe Havens: Supervised Visitation and Safe Exchange Program
28
1602
TOTAL $ 28,500
The $28,500 is included for technical assistance and capacity-building activities sponsored by
OVW designated technical assistance providers. Additional travel costs are for mileage for
Immokalee staff from their location to the Naples office and to the courthouse. The Program
Director will be traveling to partnership meetings and to Immokalee. Mileage is included for
partners for local travel to Immokalee
Office Supplies
$93 / mo. X 24 mo.
$ 2.233
,-
TOTAL
$ 2,233
Printing / Reproduction
$176,67 / mo.
$ 4.000
TOTAL
$ 4,000
TOTAL
$342,850
H. Other Costs
Description Computation Cost
No Other Cost is Requested
TOTAL $-0-
I. Indirect Costs
Description Computation Cost
No Indirect Cost is requested
TOTAL $-0-
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
29
Budget Summary
Budget Category Amount
A. Personnel $ 0
B. Fringe Benefits 0
C. Travel 4,750
D. Equipment 2,400
E. Supplies 0
F. Construction 0
G. Consultants / Contracts 342,850
H. Other 0
Total Direct Costs $350,000
1. Indirect Costs 0
TOTAL PROJECT COSTS $350,000
Federal Request $350,000
Non-Federal Amount $ 0
Cullier County Safe Havens: Supervised Visitation and Safe Exchange Program
1602
30
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Attachment 1
Job Descriptions
Job Title: Case Manager
SalariesfExempt Status: Yes
I. Job Summary
Provides highly specialized casework, coordination, case management, and assessment services
to victims and children who have been abused or involved in domestic violence.
II. Major Job Functions
I. Is available for 24-hour case consultation and assessment.
2. Coordinates services required in child abuse and/or domestic violence referrals from the
court system or law enforcement.
3. Provides long-term case management to children in abusive situations and/or exposed to
family violence.
4. Attends the monthly interagency meeting with community providers and the State Attorney's
Office.
5. Provides highly specialized assessments of children involved in family violence and provides
recommendations to the court to insure the protection of the child.
6. Assists with supervised visitation and monitored exchanges when indicated.
7. Provides crisis counseling and psychiatric/psychological referrals.
8. Utilizes community agencies and resources and makes appropriate referrals and case plans.
9. Provides expert testimony when appropriate.
10. Prepares and keeps current case files on each client.
II. Completes all required data collection forms and statistical reports.
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
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12. Assists the victim with depositions and provides assistance with the criminal justice process
when indicated.
13. Participates in educational and training activities.
14. Remains current on domestic violence and child abuse literature.
IS. Performs all other duties as assigned.
III. Performance Standards:
1. All case reports are provided to the appropriate agency within 10 calendar days.
2. All services will be provided in a timely manner.
IV. Job Relationships:
Reports to: Family Visitation Program Director
V. Qualifications:
Bachelors or Masters degree in psychology, counseling, social work or other related behavioral
science and not less then three (3) years experience in the filed of domestic violence/child abuse.
VI. Approvals:
Program Director:
Date:
Executive Director:
Date:
Recognition of receipt and agreement:
Employee:
Date:
03/05
JGS
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
32
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.Joh Title: Family Visitation Program Director
Salaried/Exempt Status: Yes
!. Job Summary:
Provides direct supervision of the family visitation and assessment staff. assessment services for
children, highly specialized case work and coordinates community resources to assist victims
,md children involved in domestic violence.
II.
Major Job Functions:
Provides direct supervision of the Family Visitation Center staff.
...,
Reviews case reports prior to submission to court.
...
,
Reviews current files on each client.
\ssists with the coordination of case staffings as well as conducts individual case plans and
:-;tanings.
.:;
Provides highly specialized assessments of children involved in domestic violence and
provides recommendations to the court to insure the protection of the child.
'. Identifies appropriate service providers and coordinates victim referrals.
f)en~lops client satisfaction survey.
'unducts program evaluation for effectiveness and quality assurance.
i>rovides training for staff and service providers.
'.) ,Oumpletes all required data collection forms and statistical reports.
. ~Zemains current on child abuse and domestic violence literature.
,\:rforms all other duties as assigned.
Performance Standards:
:0 County Safe Havens: Supervised Visitation and Safe Exchange Program
33
1602
I. All case reports are provided to the appropriate agency within 10 calendar days.
2. Program evaluation is to be conducted annually.
3. Client satisfaction surveys are to be conducted bi-annually.
4. All services are to be provided in a timely manner.
IV. Job Relationships:
Supervises: Case Managers
Visitation Monitors
Volunteers
Reports to: Executive Director
V. Qualifications:
Masters degree in psychology, counseling, social work, or other related behavioral science and
not less than (5) years experience in the field of domestic violence/child abuse. Must possess at
least (3) years supervisory experience and program development.
VI. Approvals:
Executive Director:
Date:
Recognition of receipt and agreement:
Employee:
Date:
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
34
1602
Job Title: Supervised Visitation Monitor
Salaries/Exempt Status: Yes
Job Summary
Provides safe, planned and monitored visitation with parents for children who have been abused
or involved in domestic violence in which visitation must be supervised due to potential risks to
the child's safety and well-being.
I. Major Job Functions.
1. Coordinates services required in child abuse and/or domestic violence referrals for a
mutually agreeable time for visitation.
2. Provides a physically and emotionally safe environment for the child during the visit.
3. Ensures that the guidelines outlined in the rules for visits and exchanges are followed and
reports critical incidents to the immediate supervisor.
4. Prepares and keeps current case notes on each client.
5. Completes all required data collection forms and statistical reports.
6. Participates in educational and training activities.
7. Remains current on domestic violence and child abuse literature.
8. Performs all other duties as assigned.
II. Performance Standards:
I. The extent of involvement of the monitor shall be limited to providing a safe and
structured visit.
J All incident reports are provided to the appropriate agency within 24 hours.
3. All services will be provided in a timely manner.
':"'nllier County Safe Havens: Supervised Visitation and Safe Exchange Program
35
1602
..11. ,Job Relationships:
;~,-'ports to: Family Visitation Program Director
" V. Qualifications:
i I igh school diploma or higher with at least three (3) years experience in the field of domestic
, iolence/child abuse. Must be able to communicate effectively, both verbally and in writing
\. Approvals:
!)!'ogram Director:
Date:
, . ,ccutive Director:
Date:
!~l'cognition of receipt and agreement:
. :11ployee:
Date:
. ',)Lll1ty Safe Havens: Supervised Visitation and Safe Exchange Program
36
1602
Attachment 2
Resumes of Key Staff
Jacqueline Griffith Stephens
1034 6th Ave. N.
Naples, Florida 34102
Office:
(239) 263-8383
EDUCATION:
Fax:
(239) 263-7931
MA, Rollins College, 1990
Major: Counseling
BS, Florida Institute of Technology, 1985
Major: Psychology
EXPERIENCE:
COLLIER COUNTY CIDLD ADVOCACY COUNCIL, 1Ne.
Child Protection Team Executive Director, Collier County (1992 to Present)
Manage non-profit organization with Board of Directors. Responsible for budget and contract
preparations and implementation. Supervise all staff members and act as a liaison to the Board.
Responsible for all aspects of program development, supervision, and fiscal oversight. Program
responsibilities include over-site and supervision of the Children's Advocacy Center, Family Visitation
Center, and Child Victim Rapid Response Program.
Statewide Associate Consultant (1994 - 2001)
Provide unified training and quality assurance for the statewide CMS Child Protection Team Program.
WUESTHOFF MEMORIAL HOSPITAL, INC.
Child Protection Team Coordinator (1988 to 1992)
Managed a hospital-based team within budget and in accordance with overall hospital and H.R.S.
policies. Was responsible for budget and contract preparation. Maintained statistical and other
programmatic reports to comply with grant standards. Directly supervised case coordinators and support
staff. Monitored all team activities. Also provided expert testimony in juvenile and criminal court.
Utilized extensive public speaking skills.
Child Abuse Prevention Program Administrator (1989 to 1990)
Directly responsible for the Child Abuse Prevention contract for district VIIB, along with the Child
Protection Team Contract.
Senior Case Coordinator/Acting Team Coordinator (1986 to 1988)
Coordinated services required in evaluating and diagnosing children who were ~own or suspected of
being abused. Participated in multidisciplinary interviews, team staffings, compiled psychosocial
histories and provided crisis counseling. Involved in community education and public speaking.
STATE OF FLORIDA GUARDIAN AD LITEM PROGRAM (1983 to 1986)
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
1602
..
Jacqueline Griffith Stephens, MA
Page 2
Volunteer Guardian Ad Litem
Conducted independent investigations of child abuse and neglect. Provided peer supervision and child
advocacy. Reported to juvenile court.
INTERNSHIPS:
Atlantic Counseling Center (1988 to 1989)
Provided individual and marital counseling.
Central Junior High School (1988 to 1989)
Provided individual and group therapy to emotionally handicapped students grades 6th through 8th. Also
taught the living skills portion of their curriculum.
AFFILIA TIONS:
The American Professional Society on the Abuse of Children
District VII Child Abuse Prevention Task Force Chairperson 1990 to 1992
Women's Political Caucus past President
Leadership Collier 1999
WorldClass Collier, Officer 1998 to 2000
Collier's Capital Connection, Director 2000 - Present
lmmokalee Friendship House, Director 200 I - Present
Leadership Institute 2002
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
2
1602
Gail H. Tunnock
.1029 Hollygate Lane
Naples, Florida 34103
Home Phone (239) 435-1953
QUALIFICATIONS
Effective leadership, management and collaboration skills
Demonstrated ability to create innovative programs and obtain grant funding
Excellent verbal and written communication skills
Experience working with diverse populations and building community
partnerships.
EDUCATION
Masters of Arts in Education, Guidance and Counseling, The George
Washington University, 1978
Bachelor of Science, Elementary Education, Social Science Area of
Concentration
University of Maryland, 1975
WORK HISTORY
1998 to present Program Director
Collier County Child Advocacy Council
· Supervise and manage staff of Family Visitation Center
· Provide direct case management services to child victims
· Responsible for program development and day to day operations
· Director for the school based Child Victim Rapid Response Program
· Responsible for evaluation design and implementation
· Responsible for oversight of all correspondence with the Civil Court
1995 - 1998
Program Director
Mental Health Association of Collier County
· Restructured Children First program and Children First Advisory Board
· Planned and organized professional workshops and community
educational programs
· Recruited, trained and coordinated volunteers
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
3
1602
Gail H. Tunnock, page 2
· Revised curriculum for divorce education programs
· Created and managed a pro bono counseling program
· Established and current administered a program for children of divorce
· Successfully disseminated the I Can Problem Solve
· Designed tools and evaluate programs for effectiveness
1992 - 1995
Consultant
Naples, Florida
· Provided individualized parent education and consultation with Anchor
Counseling and Training Center
· Innovated, publicized and conducted community workshops for parents
and professionals
· Provided in-home counseling to high-risk children and families for
Networking Programs, a non-profit agency
· Developed and instructed divorce education classes for children with
Anchor Counseling
· Served on the Board of the Naples Alliance for Children
1990 - 1992
Director, IDEAS Inc., Naples and Ft. Myers, Florida
· Conceptualized family resource program and co-authored successful state
grant
· Directed five-county family resource agency with budget of over $200,000
· Assisted in developing budget, personnel policies and by-laws of new
agency
· Executed evaluation design for child abuse prevention programming
1986 - 1990
Family Resource Specialist, David Lawrence Center
Naples, Florida
· Provided training in child abuse prevention to community groups and
professionals
· Trained and supervised parent educators for voluntary and court ordered
classes
· Instituted a community network for children and served as chair of the
prevention committee
Collier County Safe Havens: Supervised Visitation and Safe Exchange Program
4
1602
Memorandum of Understanding
Collier County Government is the lead Safe Havens: Supervised Visitation and Safe
Exchange Grant Program applicant, and supports the Collier County Child Advocacy
Council operating the Local Supervised Visitation Center (LSVC); hereafter referred to
as the LSVC. Collier County Government enters into a Memorandum of Understanding
(MOU) with the LSCV, the Shelter for Abused Women and Children (Community
Domestic Violence Agency) and; hereafter referred to as the CDV A, and the 20th Judicial
Circuit Court, Catholic Charities, and the David Lawrence Center.
I. History of Relationship
The CDV A began collaborating with the LSVC in 1997. The CDV A and the LSVC
Executive Directors have communicated regarding the provision of visitation services to
victims of domestic violence on an ongoing basis. Throughout this relationship, CDV A
provided training for LSVC staff in the following areas: recognizing signs of domestic
violence; methods and strategies for working with victims of domestic violence; and
domestic violence potential impacts on children and the battered persons. The CDV A
assists their clients in seeking visitation services. LSVC refers clients identified through
the local court system to the CDV A for counseling, follow-up, and advocacy.
Additionally, the LSVC and CDV A Directors and staff continued to develop a
comprehensive plan for building a larger collaborative effort for supporting domestic
violence response and the utilization of supervised visitation and safe exchange services.
Both agencies have offices and in Naples and Immokalee.
The partnering organizations goals are the protection of domestic violence victims and
their children in all settings and the coordination of services for the families that are
referred to the visitation program. As a result, LSVC and CDV A are striving to develop
an expanded collaboration including child abuse and neglect organizations, law
enforcement, courts, hospitals, legal advocates, families, faith based organizations and
l)ther community groups. The LSVC and CDV A have established an effective method of
communication with the local court system to develop an awareness and understanding
among the potential collaborators of the unique circumstances surrounding supervised
visitation in cases of domestic violence. CDV A staff is present at all injunction hearings.
The 20th Judicial Circuit Court has a formal agreement with the LSVC. The program is
required to follow the established Florida Minimum Standards for visitation centers and
to refer any unresolved complaints to the Chief Judge. Catholic Charities serves clients in
both Naples and Immokalee and is a resource for LSVC clients in need of social services
as well as assistance with legal issues involving immigration. The Court refers families
to the David Lawrence Center for psychiatric evaluations, substance abuse treatment and
the batterer's intervention program. The David Lawrence Center intervention staff
consults with the visitation center issues concerning treatment and progress of the
participants.
:ollier County Safe Havens: Supervised Visitation....
1602
II. Development of the Application
As this formal collaboration proceeds, LSVC Director met with CDV A and county staff
to develop a grant application response. The LSVC Program Director has received
consultation from the Clearinghouse on Supervised Visitation and actively participated
with the Florida Chapter of the Supervised Visitation Network. Additionally the partners
discussed the recent implementation of this project and the need for the continuation of
these services for rural areas of the county especially Immokalee and for the underserved
population specifically limited English speaking families. Recent discussions among the
agency directors, county representatives and local court representatives have led to the
agreement reflected in this Memorandum and the submission of the grant application.
III. Roles and Responsibilities
The Shelter for Abused Women and Children (CD V A)
Will work with the LSVC related to developing a cross-agency collaboration among the
children abuse and neglect organizations, law enforcement, courts, hospitals, legal
advocates and community groups.
The CDV A training staff will provide up to three domestic violence awareness-training
sessions per year to the LSVC. Additional collaboration members will be invited to
participate in these sessions.
Refer all domestic violence victims with children in need of supervised visitation or
exchange services to LSVC and follow-up on the outcome of the referrals through the
local court system.
Promote training/education of local law enforcement agencies and court representatives
regarding domestic violence issues and supervised visitation. The CDV A may enter into
agreements with these agencies as to the number of training sessions to be provided.
Participate in collaboration meetings and designate a representative to serve on the
lmmokalee Advisory Board.
Collier County Child Advocacy Council (LSVC)
Dedicate 1.25 FTE case managers, I FTE visitation monitor .5 FTE program director to
provide supervised visitation and safe exchange services to families impacted by
domestic violence, child abuse, sexual assault and stalking.
The LSCV program director will coordinate partner meetings and provide programmatic
data to the County.
The LSCV program director will represent the partners at the quarterly meetings of the
local Children's Advocacy Center Advisory Board.
Collier County Safe Havens: Supervised Visitation.... 2
1602
Provide facilities and required security to implement the program service objectives.
Review all policies and procedures of the visitation services and amend as needed.
Coordinate training for partners and visitation staff.
The Program Director will support the growth of the collaborative effort, and supervise
all LSVC activities including the development of formal agreements with experts in the
fields of child abuse and neglect, mental health, substance abuse, counseling, batterer's
intervention, advocacy to form a consulting committee. Additionally, the LSCV will
submit program evaluation information to local and national evaluators as required by the
grantor.
Submit financial documentation for accounting as needed.
Maintain the confidentiality of individuals and families using the LSVC's services.
20th Judicial Circuit Court
Submit referrals and relevant case information to LSVC, and receive follow-up from
LSVC on the outcome of the referrals.
Provide direction for improving communication between the Court and the visitation
provider.
Participate in training for collaboration partners on the legal system and its role III
working with victims of domestic violence, child abuse, sexual assault and stalking.
Designate a representative and alternate representative to participate in the collaboration
meetings.
Catholic Charities
Provide ancillary social services to families served by the visitation program, including
emergency food, prescription drugs and financial assistance.
Participate in collaboration meetings and designate a representative to serve on the
Immokalee Advisory Board.
Attend training for collaboration partners on working with victims of domestic violence,
child abuse, sexual assault and stalking.
David Lawrence Center
Provide consultation on issues relating to treatment of perpetrators of domestic violence,
substance abuse and mental illness.
Collier County Safe Havens: Supervised Visitation.... 3
1602
Participate in collaboration meetings and designate a representative to the Immokalee
Advisory Board.
Attend training for collaboration partners on working with victims of domestic violence,
child abuse, sexual assault and stalking.
Collier County Government
Collier County Government will act as the fiscal agent for the grant project and ensure
compliance with the reporting requirements of the Office on Violence Against Women.
Additionally, the County will support the collaboration efforts of the project by providing
a conference room for partner meetings.
IV. Time Line
The roles and responsibilities described above are contingent on the LSVC receiving the
funds requested for this project in the OVW grant application. The beginning and end
dates of this collaborative effort would coincide with the grant period, anticipated to be
October!, 2006 through September 30, 2008.
Approval
We the undersigned have read and agree with this MOD. Further, we have reviewed the
portion of the proposed project budget pertaining to the collaborative effort described
here, and approve it.
~I
,,'/ ~ .
By
Kathy e
Chief Ex utive Officer
Shelter for A ed Women and Children
'/;/
By '-_A-
Jacqueline . ffith
Executive Director
Collier County Child Advocacy Council
By ~~/'
Frank Halas
Chairman
Collier County Board of Commissioners
By
L. aron Jeffreys
Court Administrator
Twentieth Judicial Circuit Court
BY~.( L...L..,
ckorge D binski
Chief Op~;:tt!ng Officer
Catholic' ''Chai4tles
A TTESr' ,.... .,-- :'....~;'
DWlGHfE.-BROCY't. C~~K
&--6 .LlL:QQ(Jf~ ill
tt: . 'ilulyCleri< . ,';-
AtU ,:i.~~~t\rilliE:s Havens:
l1iA1twe" 0" l,v ·
By ~~ ~~--<~
David Schimmel
Chief Executive Officer
Davis Lawrence Center
form & I~ieney
4
APPLICATION FOR .. , 1"'\ V",,\on 9/03
FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier l.[,)IJ~
i 03/09/2006 ,
1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier
Application Preapplicatlon , i
L , ,
- Construction - Construction
- - 4. DATE RECEIVED BY FEDERAL AGENCY * Federal Identifier
-- Non-Construction - Non-Construction ! 159-6000558
./ ,
- I
5. APPLICANT INFORMATION Organizational Unit:
* Legal Name: Collier County Government i Department: i Human Services Department
. Organizational DUNS: 076997790 Division: i Public Services Division
Address: Name and telephone number of person to be contacted on matters involving
this application (give area code)
* Street 1. i 3301 Tamtaml Trail East. Bldg HI2nd Floor I
I Prefix: , i * First Name: I Barry
Street2 I jMr.
, I
, Middle Name:
. City: ' Naples I County 'Collier I I
* Last Name: iWilliams
* State Flonda * Zip Code: ,34112 . Country USA ! Suffix: I 1* Email: I barrywilliams@colliergov.net
, I
I
6. . EMPLOYER IDENTIFICATION NUMBER (EIN) * Phone Number (give area code) Fax Number (give area code)
59-6000558 1239774-8154 11239732-2638
--
8. TYPE OF APPLICATION: 7. . TYPE OF APPLICANT: County Government
,
- New .-L Continuation - Revision
- -
If ReVision, enter appropnate letter(s) in box(es) I
A Increase Award S Decrease Award C. Increase Duration 9. . NAME OF FEDERAL AGI;NCY:
D. Decrease Duration Other (specify) I I Office of Violence Against Women
-
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE ,
16.527 I 11.' DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
I
TITLE:; Supervised VISitation, Safe Havens for Children I ! Collier County Safe Haven Visitation Project
12. . AREAS AFFECTED BY PROJECT (CitIes, COiJntles. States, ete.):
Collier County, Including Immokalee I
I i
13.' PROPOSED PROJECT: 14. . CONGRESSIONAL DISTRICTS OF:
. Start Date * Ending Date * a. Applicant * b. Project
- - ! I FL 14 FL 25
10/01/06 Q9/30108 11425
15. . ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
* a. F edera I : ORDER 12372 PROCESS?
$ ~5Q~lLQ
a. YES. THIS PREAPPLlCATION/APPLlCATION WAS MADE AVAILABLE TO
* b. Applicant $ THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON
. c. State $ 0 YES DATE
. d Local $ b. ::J PROGRAM IS NOT COVERED BY E.O. 12372
. e. Other $ ~ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
* f. Program Income $ , 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g. TOTAL SlS0 OO~ ~ Yes If "Yes," attach an explanation. cL No
$ -
18. . TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA IN THIS APPLICATION/PREAPPLICATlON ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE
GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a. Authorized Prefix: Mr. . First Name: Frank I Middle Name ,
Representative . Last Name: I-ialas Suffix: I
I
----.
-------. - ,
. b. Title 'Chairman, Board "f C()urny Commissioners , . c. Telephone Number (give area code): 1239774-8097
,
-. -- ~ Number (give area code):
. Email frankhalas@colli:lrgov ,-,et
--
d. Signature of Authorizea Representative .~~- - ./~ I e. Date Signed: -~.
~"'" 03/01/06
PrevIous Edition Usaol.!" I ,c;.;ll . I - .. . ; ._"......."... :_"'." 1"'\...4-^~......~ ,.. 1",- I';, .~ rd Form 424 (Rev x-xx)
AuthOrIZed for Local ReP~~k1T E.~HO~K. CL-Ehh 0
~\~>>\_";. ': ._~, .Arr;.C 'Lll\-t_~t~t as to ChI1M11Jl~t..
~:-,1)u:'/.~:arK lic;;.~t:Jr:! onh.
d,.__"..,.,,.,.,,. -
,~. .,gs.! mL..~. .'11
~y OMS C,rcular A-1C2
.-,-~_~~I
OMS Approval No 0348-0040
1602
ASSURANCES - NON-CONSTRUCTION PROGRAMS
~ .~eoortlng burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
, :-,.::O.1S. searching eXisting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
Cl,O: ~'31!On Send comments regarding the burden estimate or any other aspect of this collection of information. Including suggestions for
?:.:: ~g this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
,:ll_'::':'<SE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
- .-C THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
<OTE:
Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further. certain Federal awarding agencies may require applicants to certify to additional assurances. If
such is the case, you will be notified.
:~Iy authorized representative of the applicant. I certify that the applicant:
Has the legal authority to apply for Federal assistance
and the Institutional. managerial and financial capability
(including funds sufficient to pay the non-Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application
2 Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the nght to examine all records, books. papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
Will establish safeguards to prohibit employees from
uSing their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of Interest, or personal gain.
Will Initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency
Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. SS4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
\a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national ongln: (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. SS1681-
1683. and 1685-1686) which prohibits discrimination on
the baSIS of sex: (c) Section 504 of the Rehabilitation
.:: ~n Usable
Act of 1973, as amended (29 U.S.C. S794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discnmination Act of 1975, as amended (42
U.S.C. SS61 01-61 07), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL. 91-616), as amended, relating to
nondiscriminatIOn on the basis of alcohol abuse or
alcoholism; (g) SS523 and 527 of the Public Health
Service Act of 1912 (42 US.C. SS290 dd-3 and 290 ee-
3), as amended. relating to confidentiality of alcohol
and drug abuse patient records: (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. SS3601 et seq.), as
amended, relating to nondiscnmination in the sale,
rental or financing of housing; (i) any other
nondiscrimination prOVisions in the specific statute(s)
under which application for Federal assistance is being
made; and, (j) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
7. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation ASSistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and eqUitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally-aSSisted programs. These requirements apply
to all interests In real property acquired for project
purposes regardless of Federal participation in
purchases
8. Will comply, as applicable, with provisions of the
Hatch Act (5 US.C. SS1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Authorized for Local Reproduction
Standard Form 4248 (Rev, 7-97)
Prescribed by OM8 Circular A-1 02
9. Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U.S.C. 99276a to 276a-7), the Copeland Act
(40 U.S.C. 9276c and 18 U.S.C. 9874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. 99327-
333), regarding labor standards for federally-assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 1 02(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. 991451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. 991401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
i Collier County Government
ATTEST:.,..:.....
DWtGHT e.. BROCK. CL~~K
( ,~, n /~) . {\:
I 'I l'
lvCL
'.Deputy Cler
. Attest as to .C~11 run' s
litAlt,>>re orrl j ·
1602
12 Will comply with the Wild and Scenic Rivers Act of
1968 (16 U,S.C, 991271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S,C. 9470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C, 99469a-1 et seq.),
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P,L. 89-544, as amended, 7 U,S,C, 992131 et
seq,) pertaining to the care. handling, and treatment of
warm blooded animals held for research. teaching, or
other activities supported by this award of assistance.
16, Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 994801 et seq.) which
prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133.
"Audits of States, Local Governments, and Non-Profit
Organizations."
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
* TITLE
I Chairman
* DATE SUBMITTED
03/01/06
Standard Form 4248 (Rev. 7-97) Back
m & legallrof!lci~"(l~T
~
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352
Review Public Burden Disclosure Statement
Approved by OMB
0348-0046
a. contract
~- b. grant
c. cooperative agreement
d.loan
e. loan guarantee
L a, bid/offer/application
i{] b, initial award
~ a. initial filing
b, material change
1. * Type of Federal Action:
2. * Status of Federal Action:
3. * Report Type:
"I c. post.award
f. loan insurance
4. Name and Address of Reporting Entity:
7'Prlme
. Name~
SubAwardee
COllier County Government
. Streett
3301 Tamlaml Trail East
Street 2
. Cily
Naples
State
I I Florida
Zip
1:34112
CongresSional District. If known: i FL 14 FL25
6. . Federal Department/Agency:
7. * Federal Program
United States Department of Justice. OVW
Supervised ViSitation, Safe Havens for Children
AI
~I
CFDA Number, ifappl1cable. 16527
8. Federal Action Number, if known:
.OVW-2006-1224
9. Award Amount, if known:
$ i
10. a. Name and Address of Lobbying Registrant:
b. Individual Performing Services
(Including address If
different from No.1 Oa)
Pretlx
. First Name
Middle Name
Prefix
. First Name
Middle Name
Ms Amanda
~ :""aSi ^Jame
Suffix
. Last Name
Suffix
Wooo
II
$rreet 1
Street 2
II SUite 300
State
iDC
Street 1
Street 2
. A 30 Connecticut Avenue
City
11,
Signature:
Zip
\tVasnlngton
Zip
1120036
City
:nformatlon requested through thiS form IS authOrized by title 31 U.S.C. section
. 352 ThiS disclosure of lobbYing activities IS a material representation of fact
...par wnlch reliance was placed by the tier above when the transactIon was
O1aoe or entered Into ThiS disclosure is required pursuant to 31 U.S.C. 1352
<CIS ,nformatlon Will be reported to the Congress semi-annually and will be
availdble for public Inspection. Any person who fails to file the requICed
OISClosure shall be subject to a Civil penalty of not less than $10,000 and not
"ore :nan $100.000 for each such failure
'Name: Pref,x . First Name
Mr II Frank
. Last Name
Suffix
, Halas
...1
Title: ' Chairman
Telephone No.: i 239 774-8097
Date:
03/01/06
Federal Use Only:
Authorized for Locat ReproductioJl
Standard Form - LLL (Rev. 7-97)
!~'
,~TTEST: ..........
DWIGHT E.BROCK; Cl~R.IC._
/~. n . ^':\,L In rr
\<1LA0."\~V\~~ t~
Deputy Clerk ~'<
Atust as to 'hl~raan's
1191'Wre.()nTy.
. rm & legal sllf!'icbnoj
~
Assistant County Attnrul)Y
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
PJ30md o/Yl~ Yl~ Yl~
3301 EastTamiami Trail" Naples. Florida 34112 - 4977
(239) 774-8097" Fax (239) 774-3602
February 28, 2006
Diane M. Stuart, Director
Office on Violence Against Women
800 K Street, NW, Suite 920
Washington, DC 20530
Dear Ms. Stuart:
Collier County certifies that funds awarded through the Safe Havens: Supervised
Visitation and Safe Exchange Grant Program will be used to supplement existing funds
for program activities and will not replace (supplant) nonfederal funds that have been
appropriated to support supervised visitation and safe exchange of children, by and
between parents, in situations involving domestic violence, child abuse, sexual assault, or
stalking. Collier County understands that supplanting violations can result in a range of
penalties, including suspension of future funds under this program, suspension or
debarment from federal grants, recoupment of monies provided under this grant, and civil
and/or criminal penalties.
Sincerely, ~
~<- ~$ ~
Frank Halas
Chairman
COLLIER COUN1Y
DEPARTMENT OF PUBLIC SERVICES
Human Services Department
1602
Social Services
3301 E. Tamiami Trail · Naples, FL 34112
Bldg. H, Rm 211
239-774-8154 · Fax 239-732-2638
Services for Seniors
3301 E. Tamiami Trail · Naples, FL 34112
Bldg. H, Rm 211
239-774-8154 · Fax 239-774-3430
RSVP of Collier County
3301 E. Tamiami Trail · Naples, PI. 34112
Bldg. F
239-774-8833 · Fax 239-732-2604
March 1, 2006
Ms. Keisha Hassell
Office on Violence Against Women
800 K Street NW, Suite 920
Washington, DC 20530
Dear Ms. Hassell:
Please find enclosed Collier County Government's submittal for the Safe Havens:
Supervised Visitation and Safe Exchange Program. We had requested and received an
extension for our submittal from Director Stuart and I am enclosing the email from
Melissa Schmisek verifying this extension. Also, please find an email from Ms.
Schmisek with instructions on our submitting our application.
Thank you for processing our application and should you have any questions, please do
not hesitate to contact me at (239) 774-8442 or via email at
Barry WilIiams@colliergov.net.
Sincerely,
~~~~
Enclosures
c;
o
I~
e
r
c;
o
..
...
t
y
Message
::2'28/2006
Page 2 of2
1602
Sent: Monday, January 23, 2006 12:24 PM
To: WilliamsBarry
Cc: Johnson, Darlene; Neufville, Nadine; Hassell, Keisha; Woodard, Kimberly
Subject: Hurricane Extension for Safe Havens: Supervised Visitation & Safe Exchange
Grant Application
Importance: High
Dear Barry,
Thank you for your very good question. I looked into what process would be the
best for submitting your application and the steps are included below.
As you prepare your grant application, please be aware that you will NOT be able to
submit it through grants.gov, as the deadline to do so will have passed. You will
only submit one HARD COPY.
Please follow the below steps when submitting your 2006 Safe Havens: Supervised
Visitation & Safe Exchange Grant Application to the Office on Violence Against
Women:
1. Be sure to have the mailed application postmarked by your NEW application
deadline: 3/9/2006.
2. Mail the application in overnight mail via FedEx or UPS.
3. Application should be mailed to OVW, NOT to the address listed in the
solicitation. Please mail to:
Office on Violence Against Women
Attn: Keisha Hassell
800 K Street N.W., ste. 920
Washington, D.C. 20530
4. Be sure to mail the application to the attention ofKEISHA HASSELL
If you have any questions or concerns, please do not hesitate to contact me or
Kimberly Woodard (202-514-9677 or kimberly.woodard@usdoj.gov). Thank you
for your continued patience and flexibility.
Best,
Melissa
* * * * * * *
:Jvle(issa Sclimisek,
Office on Violence Against Women
U.S. Department of Justice
800 K Street N.W., Ste. 920
Washington, D.C. 20530
202-305-1271 - voice
202-514-5818 - fax
W\vw,lIsdoi.gov/ov\V
Message
Page 1 of I
WilliamsBarry
1602
From: Schmisek, Melissa [Melissa.Schmisek@usdoj.gov]
Sent: Friday, January 20,20065:24 PM
To: WilliamsBarry
Subject: Supervised Visitation Grant Application Extension Request
Dear Mr. Williams,
As a follow up to our earlier phone conversation, I am pleased to inform you that Director Stuart
approved your request for an extension to the Supervised Visitation grant application submission
deadline~
Your new deadline is: March 9, 2006.
If you have any further questions regarding this extension, please feel free contact me.
Kindest regards,
Melissa
* * * * * * *
JvteEissa Sclimisett
Office on Violence Against Women
U.S. Department of Justice
800 K Street N. W., Ste. 920
Washington, D.C. 20530
202-305-1271 - voice
202-514-5818 - fax
\V\VW, usdoi ,!!ov/ov\\
2/28/2006
16D 3
MEMORANDUM
Date:
September 6, 2006
To:
Amanda Townsend
Operations Coordinator
Parks & Rec. Department
From:
Teresa Dillard, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-43
Enclosed please find one copy of the document, as referenced above (Agenda
Item #16D3), which was approved by the Board of County Commissioners on
Tuesday, February 28, 2006.
The Minutes & Records Department has an original document and a copy has
been provided to the Finance Department.
If you have any questions, please call me at 774-8411.
Thank you.
Enclosures (1)
16D ~
RESOLUTION No. 2006- 43
A RESOLUTION OF COLLIER COUNTY,
FLORIDA, RE-EST ABLISHING THE COLLIER
COUNTY PARKS AND RECREATION
DEPARTMENT FACILITIES AND OUTDOOR
AREAS LICENSE AND FEE POLICY
WHEREAS, the Director of Parks and Recreation has recommended to the Board of
County Commissioners that the existing Parks and Recreation Department Facilities and
Outdoor Areas License and Fee Policy be amended as follows;
WHEREAS, the Board of County Commissioners hereby accepts the recommendations
of the Director of Parks and Recreation;
NOW, THEREFORE BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY THAT:
1. The Collier County Parks and Recreation Department Facilities and Outdoor
Areas License and Fee Policy is hereby established as follows. This Policy
supersedes the Policy as established in Resolution 2005-421.
I. PURPOSE
The purpose of this policy is to ensure maximum use of facilities, outdoor
areas and programs in Collier County and provide equitable fees and charges
collected from users of such facilities, outdoor areas or programs.
II. LIMITATIONS
The Parks and Recreation Director, or designee, may waive enforcement or
application of any of these regulations or restrictions with respect to any
facility, outdoor areas, or program provided such waiver does not interfere
with public safety or enjoyment. No fees may be waived. No non-government
entity shall charge an admission fee to any out of doors event, including
aquatic facilities. The Board of County Commissioners shall set fees and
charges for all facilities and programs.
Consistent with Collier County's policy of ensunng all citizens equal
opportunity to participate in programs, any resident requesting special
consideration must substantiate to the Parks and Recreation Director proof of
financial need. All information provided is not confidential but will be used
only for the purpose of establishing reduced or waived program fees. Rates
and charges can be modified on a case-by-case basis if approved by the
Director of Parks and Recreation for special promotional sales and
advertisements.
III. CLASSrFrCA TrONS
A. Facility License Definitions and Uses
1. Outdoor Areas: Open space or land owned or leased by the Parks and
Recreation Department. Such outdoor areas shall include, but not
limited to, sports fields, playgrounds, swimming pools and/or other
park and recreation land areas, excluding Golden Gate Community
Center. (As to Golden Gate Community Center, refer to Section 0,
herein). Outdoor areas shall be used for those purposes designated or
implicit in their character. Any deviation from normal appropriate use
shall require express prior permission from the Parks and Recreation
Director or designee.
16D
..
2. Facilities: Buildings and dwellings owned or leased by the Parks and
Recreation Department. Such facilities include, but are not restricted
to, community center areas and rooms, gymnasiums, pavilions,
shelters, and other areas located in the Parks and Recreation structures,
excluding the Golden Gate Community Center. (As to Golden Gate
Community Center, refer to Section 0, herein). Facilities shall be used
for those purposes designated or implicit in their character. Any
deviation from these intended normal uses shall require express prior
permission from the Parks and Recreation Director, or Designee.
3. Programs: Recreation activities conducted on land or in facilities
owned or leased by Collier County. Such activities include, but are not
restricted to: athletic, clinic, instructional and interpretative seminars
for preschool, youth, adult, senior and special populations. Any
deviation from these intended normal uses shall require express
permission from the Parks and Recreation Director, or designee.
4. Vehicle Parking Fees: Parking lots at Collier County beach parks and
accesses. To include, but not limited to, the following: Tigertail Beach,
Barefoot Beach Access, Barefoot Beach Preserve, Clam Pass Park,
Vanderbilt Beach, North Gulf Shore Access, and South Marco Beach
Access.
5. Boat Launch Fees: Ramp use at Collier County owned and operated
boat launch facilities to include, but not limited to, Bayview Park,
Cocohatchee River Park, Caxambas Park, and Collier Boulevard
Boating Park.
B. User Categories - Applicable to all indoor and outdoor areas
Governmental entities are not subject to fees. All other facility users
shall have their fees determined by the category of the entity. Note: All
parks shall remain open to the public. The two categories are:
1. Category r - Federal Income Tax Exempt Entities, Registered
Charities, Not-for-Profit Groups.
a. Federal rncome Tax Exempt Entities
Groups that are exempt from taxation under any subsection of
Section 50l(c) of the rnternal Revenue Code. The following civic
associations will not be subject to fees for their one general
membership meeting per month: East Naples Civic Association,
Golden Gate Estates Civic Association, Golden Gate Civic
Association, Immokalee Civic Association, and Second District
Association.
b. Specified Sales Tax Exempt Entities
Those entities that are exempt from Florida sales taxes pursuant to
Subsection 212.08 (7), Florida Statutes such as a home for the
aged, nursing home, hospice, or an organization whose primary
purpose is to provide special educational, cultural, recreational, or
social benefits to minors, or is a religious, charitable, scientific,
educational, or veterans' organization.
c. Local Not-for-Profit Groups
Entities, irrespective of tax exempt status, which are not-for-profit
corporations, organizations or other not-for-profit entities that are
of Collier County origin, have their principal location in Collier
County, and of which fifty per cent (50%) of the group's
160 'J
~
membership are residents of Collier County, with a primary
purpose to provide social services to others or to protect interests
outside of the group, such as the environment, endangered animals,
disadvantaged persons, or some other similar external interest. The
primary focus of these groups is outward looking and away from
the personal interests of the group's members.
d. Other Local Not-for-Profit Groups
Those entities, irrespective of tax exempt status, which are not-for-
profit corporations, organizations or other not-for-profit entities
that are of Collier County origin, have their principal location in
Collier County, and of which fifty per cent (50%) of the group's
membership are residents of Collier County, but the group's
primary purpose is not to provide social services to individuals
who are not bona fide members of the group or is not to protect
interests outside of the group. This category includes property
owners' associations, political groups, and all other special interest
oriented teams or clubs such as hobbyists' clubs, chess clubs, radio
clubs, hunters and fishermen clubs, stamp, coin, and other
collectors' clubs; garden clubs, car clubs, and all other similar
clubs, groups or organizations. The primary focus of these groups
is inward toward the group's members.
e. Fund Raising Activities
Each Category r individual, group, organization or entity involved
in any fund raising activity must pay full fees as described in IV.B.
Category II - User Fees. Fund raising activities include:
1. Charging in advance for an admission ticket or requiring any
tangible thing of value for admission to, or to participate in,
any activity at any County parks facility, or,
2. Requiring any donation of money or any other tangible thing of
monetary value, or,
3. Selling or bartering any tangible thing of monetary value.
Fund raising activities do not include:
1. Season sign up fees for persons to join league as a team
member or team participant.
2. The sale of educational materials for use as study materials for
students attending class conducted at the park facility. Such
sales must be at or below the seller's actual costs.
3. Category II - All Others
A. Each individual, group, organization or entity that is not
within Category I.
IV. FEE STRUCTURE - (All fees are exclusive of sales taxes).
A. Category r User Fees
1. Facility Rates (excluding league play and special facilities; i.e.,
swimming pool, etc.)
Facility Type Rate Per Hour
rndoor Room under 1,500 sq ft $10.00
rndoor Room 1,501 - 3,000 sq ft $15.00
rndoor Room 3,001 sq ft & over $20.00
Gymnasium $30.00
')
16D 3
Small Pavilion $10.00
Large Pavilion $20.00
Sugden Amphitheater $30.00
Open Green Space (100 x 100) $10.00
Athletic Facilities for General Use (i.e. Special $30.00
Events, Picnics, Carnivals, etc.)
Athletic Facilities for Athletic Use $15.00
(Football/Soccer, Soft/Baseball, Little League,
Sports Pavilion, Roller Hockey)
Basketball/Racquetball/V olleyball/Tennis $5.00
Courts
Lights $10.00
Sugden Regional Park for a Countywide Event $800 per day
2. Fund raising rates are $20.00 added to hourly rate above.
B. Category II User Fees
1. Facility Rates (excluding special facilities; i.e., swimming pool,
etc.)
Facility Type Rate Per Deposit
Hour
rndoor Room under 1,500 sq ft $25.00
rndoor Room 1,501 - 3,000 sq ft $45.00
rndoor Room 3,001 sq ft & over $60.00
Gymnasium $60.00 $100.00
Small Pavilion $10.00
Large Pavilion $20.00
Sugden Amphitheater $60.00 $60.00
Sugden Green Space $60.00
Open Green Space (100 x 100) $20.00
Athletic Facilities for General Use (i.e. Special $30.00 $80.00
Events, Picnics, Carnivals, etc.)
Athletic Facilities for Athletic Use $40.00
(Football/Soccer, Soft/Baseball, Little League,
Sports Pavilion, Roller Hockey)
Basketball/Racquetball/V olleyball/Tennis Courts $12.00
Lights $10.00
Sugden Regional Park for a Countywide Event $1,200 per day
2. Fund raising rates are $20.00 added to hourly rate above.
C. Additional Fees: Categories r and II
Service Additional Fee Per Hour
Rental during non-business hours $20.00
(hours that are not normal
departmental operation)
Additional non-security staff $15.00 per staff member
members
Additional security staff members $20.00 per hour per staff
member needed as determined
by department
Light fees (where not specified) $10.00 per hour
Special requests or additional Per hour fee determined by
clean up required department, based on cost
l:.':l
:b
,<' ~..~,~
D. Beach Parking Facilities Fees; Boat Launch Facilities Fees
1. Beach Parking Facilities Fees
Beach parking facilities, including and not limited to, Barefoot
Beach Preserve, Barefoot Beach Access, Clam Pass Park, North
Gulf Shore Access, Tigertail Beach, South Marco Beach Access
have a parking fee, inclusive of sales tax, at a rate of $6.00 per day.
Collier County residents may obtain a beach parking permit at no
charge. Permits will be valid for 2 years. Vehicles with permits
will be exempt from daily parking fees at all beach parking
facilities. Organizations operating excursion or shuttle services will
be charged double the per vehicle per day fee.
2. Boat Launch Facilities Fees
Boat launch facilities, including and not limited to, Caxambas
Park, Cocohatchee River Park, Collier Boulevard Boating Park,
and Bayview Park, shall have a launch fee, inclusive of sales tax,
at a rate of $5.00 per launch per day. All residents and visitors may
purchase boat launch permits for an annual fee of $75.00. These
permits are available at all Collier County Parks and Recreation
Community Centers. Commercial permits for launch facilities may
be acquired at the Collier County Parks and Recreation
Department Administration Office for a cost of $100.00 per
vehicle plus the $5.00 fee per launch or $500.00 per commercial
entity with no launch fee required. Commercial entities purchasing
the $500.00 permit are eligible to use up to 5 vehicles for launches.
Additional vehicle permits must be purchased for $100.00 each.
All permits are good from January I to December 31.
E. Concession Fees
1. Concession Booth/Location in Conjunction with Rental
A $25.00 fee per day or 20% of gross revenues per day, whichever
is greater, for each concession booth or location.
2. Concessionaires contracted by the County to serve the general
public will pay a negotiated fee in lieu of the general facility use
fee schedule.
3. Organizations operating concessions for leagues will be charged
$5.00 per hour of operation.
F. Reserved
G. Instructional Fees (Contractual Instructors)
1. Programs Fee Assessment: per hour or per participant basis.
2. Non-Staff Instructor(s): Any costs for supplies and equipment will be
subtracted from the class fee and the balance of the funds will be split
between the non-staff instructor(s) and the County as follows: 65% to
the non-staff instructor(s) and 35% to the County for all such
instructional programs conducted on Collier County facilities. After
subtraction, the pro-ration for instructional programs conducted on
non-county facilities shall be 70% to the non-staff instructor(s) and
30% to the County.
H. Athletics
1. Collier County Parks and Recreation Leagues
16D 3
Program
Minimum registration fee
per participant per league
play
$30.00
$30.00
$ 5.00
Adult
Youth
Youth Immokalee
Leagues charged on a fee per participant basis may require
a sponsor fee.
Alternately, leagues may be charged a combined sponsor
and players' fee per team as follows:
Men's Softball
Women's Softball
Church Leagues
Men's 35+
$860.00
$540.00
$710.00
$760.00
Leagues will be charged light fees for practices, but not for
scheduled league games. rmmokalee leagues will not be
charged light fees for practices.
2. Collier County Parks and Recreation Co-sponsored Leagues
Fees are applicable to Category r users only.
League Type
Fee per participant per
league play
$30.00
$1.00
per registered youth per week
of league play
Adult
Youth
(includes play-offs or
all-star play)
Leagues will be charged light fees for practices, but not for
scheduled league games.
3. Clinics: Pro-rations:
a. For clinics conducted on any County facility, 65% of the
fees go to the group or individual(s) and 35% of the fees go
to the County.
b. For clinics conducted on any non-County facility, 70%
of the fees to the group or individual(s) and 30% of the fees
to the County.
c. An additional hourly rate will be charged for the facility
if the clinic serves a fund raising purpose.
4. Tournament Fees
Fees will be determined on a tournament-by-tournament
basis based on, but not limited to, the following criteria:
direct operational costs, duration of tournament, staffing,
merchandise sales, category status, sponsored or co-
sponsored parking and food concessions.
I. Collier County Racquet Centers:
1. Pelican Bay Community Park Tennis Facility
Service
Court Fees
Single Annual Membershi
Cou Ie Annual Membershi
Rate
$8.00
$371.00
$662.00
~
"
'I
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----
~.
1'2 Hour Private Lesson $38.00
I Hour Private Lesson $65.00
Round Robins $5.00 members
$10.00 non-members
J. Collier County Aquatic Facilities
Key to abbreviations: GGAC=Golden Gate Aquatic Complex,
ISC=rmmokalee Sports Complex, NCRP=North Collier Regional Park
Aquatic Complex
1. Entrance Fees (inclusive of sales tax)
Under 3 Youth (3-17 Adult Senior
yrs yrs) (60+yrs)
GGAC Free $2.50 $3.00 $2.50
ISC Free $1.00 $1.50 $1.00
2. Pass Fees (exclusive of sales tax)
Type Youth Adult Senior Family
GGAC 3 month $40.00 $60.00 $40.00 $100.00
ISC 3 month $35.00 $55.00 $35.00 $ 90.00
GGAC Annual $60.00 $80.00 $60.00 $225.00
ISC Annual $50.00 $ 7 5.00 $50.00 $210.00
No corporate discounts on pool passes.
3. Swimming Instructional Fees
Children's 1'2 hour
classes
Children's % hour
classes
Adult % hour classes
Private Lessons
4. Pool Rentals GGAC & rsc (exclusive of sales tax)
Each pool includes one staff member.
One pool
Each additional hour
Each additional pool
Additional staff
$50.00 first hour
$35.00 per hour
$35.00 per hour per pool
$15.00 per hour per lifeguard
5. Sun-N-Fun Lagoon Fees
User Rate
Persons less than 48 $5.19 plus tax daily fee
inches tall
Persons 48 inches tall or $9.43 plus tax daily fee
taller
Members of groups of 20 $4.25 plus tax daily fee
or more who are less than
48 inches tall
Members of groups of 20 $7.55 plus tax daily fee
or more who 48 inches
16D 3
tall or taller
Entire Facility Rental $1500 per hour, 2-hour minimum
$1000 each additional hour
includes staff
Partial Facility Rental $200 per hour, per pool (excluding lazy
river)
$300 for lazy river
does not include staff, staffing charge will
be $15 per hour per lifeguard as needed as
determined by the Department
No exceptions are made to Collier County Aquatic Facility rates.
Fee for non-Collier County public schools and colleges and
universities during regular operating hours is $35.00 per hour
unless superseded by separate agreement.
Collier County Public Schools are fee exempt; however, they are
required to pay $15.00 per hour per lifeguard or instructor, ifnot
during regular operating hours. This fee exemption does not
apply to the Sun-N-Fun Lagoon.
K. Collier County Fitness Centers
Key to abbreviations: GGCP=Golden Gate Community Park, ISC=Immokalee
Sports Complex, NCRP=North Collier Regional Park, MHCP=Max Hasse
Community Park, VTCP=Veterans Community Park
1. Fitness passes are available in a three-tiered system, with passes
offering use of facilities as follows:
Facility Daily Tier 1 Tier 2 Tier 3
Fee Pass Pass Pass
NCRP Fitness $8 yes no no
GGCP Fitness 7 yes yes no
MHCP Fitness 7 yes yes no
VTCP Fitness 4 yes yes yes
rsc Fitness 4 yes yes yes
GGCP Pool above yes yes no
ISC Pool above yes yes yes
NCRP Lap above no no no
Pool
2. Fees associated with the pass types above are as follows. Daily
walk-in and membership fees are subject to 6% sales tax.
Tier Tier Tier
1 2 3
Monthly 35 33 20
3-Month 100 90 50
Annual 300 250 160
Spouse of Additional Family Member 165 140 100
(includes college students up to 25 years
of age)
Student (ages 13-18, students aged 125 100 75
13 to 14 must be accompanied by an adult
3. Baby-sitting Service
$3.00 per child per use
$20.00 per 10-visit card
160
3
Babysitting service is offered limited hours at Golden Gate
Community Park Fitness and North Collier Regional Park
Fitness.
4. Corporate Discount on Annual Passes
Discount does not apply to additional family members.
Discount is based on employee participation, as follows:
Employees
5-9
10 - 24
25 and above
Discount
10%
20%
40%
L. Skate Parks
Annual Membership for Age 21 and under $10
Annual Membership for Age 22 and older $25
M. Collier County Summer Camps, After School Programs, and Collier
County Parks and Recreation Specialty Camps
1. Summer Camp
9-week session $549.00
I-week session $ 75.00
10% discount on each additional child from the same household after the first.
2. After School Camps
per week $25.00
Transportation cost per week is additional and will be based on the
current transportation contract.
3. Holiday Camps
I-day camp
Easter Camp (5 days)
Christmas Camp (4 days)
$15.00
$75.00
$60.00
4. Collier County Parks and Recreation Specialty Camps
Specialty camp fees are competitive market prices based on hours
and type of instruction.
N. Memorial Bench and Tree Donations
1. $2,000 Bench
2. $ 500 Tree
O. Golden Gate Community Center
1. Golden Gate Taxing District Boundaries:
West Boundary: Santa Barbara Boulevard to Logan Boulevard
to First Avenue SW
East Boundary: canal 1 mile east of County Road 951
North Boundary: First Avenue SW over 951 Boulevard and
White Boulevard to the canal located 1 mile east of County
Road 951
South Boundary: Palm Springs subdivision and Radio Road to
Santa Barbara Boulevard
160
3
Organizations in Classes I, II, III, or IV declaring themselves as District must show proof of at
least 50% membership within the taxing district.
2. User Categories
Class r: Charitable, Not-for-Profit organizations
Class II: Not-for-Profit organizations
Class IIr: Civic organizations
Class IV: Commercial or For-Profit organizations and any other
group or individual
3. Deposit Fees
Auditorium
All Other Rooms
$200.00
$ 50.00
4. Rental Fees
A. Rooms A, B, C, D
Category
Class I
Class II
within District
No charge
No charge
Class IIr No charge
Class IV
(<1,500 sq ft) $1O.00/hour
(1,501-3,000) $15.00/ hour
(3,001 +) $20.00/ hour
B. Auditorium
Category
Class I & III
Class II
Class rv
within District
No charge
approved by Board
$20.00/hr < 10 pm
$40.00/hr 10 pm +
outside District
No charge
approved by Board
No charge
$25.00/ hour
$45.00/ hour
$60.00/ hour
outside District
No charge
approved by Board
$60.00/hr < 10 pm
$80.00/hr 10 pm +
C. Wheels Amphitheater and Open Area
Fees charged in accordance with the Sugden Regional Park
Fee Policy for Use for Countywide Events.
D. Gymnasium
Category
Class r
Fund Raising
Class II
Fund Raising
General Fee
$30.00 per hour any size
$20.00 added to rate above
$60.00 per hour any size
$20.00 added to rate above
Classes rII, IV will be required to pay sales tax.
5. Service and Sale of Alcoholic Beverages
A. Serving of Alcoholic Beverages
These provisions apply for any event where
alcoholic beverages will be available. No alcohol
may be made available without a valid Certificate of
t60 3
Insurance on file at the Golden Gate Community
Center.
User categories Class I and Class II, as previously
defined in 0 (2), above, the user must present a
General Liability Policy for the date of use which
specifically includes contractual liability and host
liquor liability in an amount not less than Five
Hundred Thousand Dollars ($500,000) at least four
(4) weeks prior to the event. As determined by the
County Risk Management Director, in the event of
above average exposure Five Hundred Thousand
Dollars ($500,000) liability coverage shall be
required. rn the event of unusual or high exposure
One Million Dollar ($1,000,000) liability shall be
required.
B. Sale of Alcoholic Beverages
rn the event any user intends to sell alcoholic
beverages, they will be required to meet all State
requirements regarding the sale of alcohol and
obtain all required permits. Copies of said permits
shall be filed with the Community Center
Supervisor. The Center Supervisor shall contact
Collier County Department of Risk Management for
insurance requirements.
C. Rules and Regulations for Users Serving Alcoholic
Beverages
1. It is the responsibility of the user that no
alcoholic beverage shall be allowed outside
assigned meeting room(s) auditorium.
2. The user is responsible to ascertain that no
alcoholic beverage shall be served to any person
under the age of 21.
3. The user shall be responsible for the behavior of
any parties with the user's group.
4. The user shall be responsible to assure that no
alcoholic beverages are served during the last thirty
(30) minutes of user's scheduled event.
5. The user will be responsible for supplying a
Certificate ofInsurance at least four (4) weeks prior
to scheduled event (see insurance provisions).
6. The user will be responsible to comply with
Chapter 562, Florida Statues.
7. The user must abide by all other operational
policies and procedures of the Golden Gate
Community Center. Any violation of any of these
rules can result in termination of the event.
8. The user must pay the cost of security provided
by the Collier County Sheriffs Office. The fee is
payable to Collier County Parks and Recreation at
the time of payment for facility use.
2. A copy of the fee rules, as hereby amended, is attached.
3. This revised policy shall be effective March 1, 2006.
160
~
~
This Resolution adopted this .5"-th day of~ftt'~T/.-be~ ,2006 after motion, second
and majority vote in favor of passage.
ATTEST
DWIGHT E. ,~R.Q<;l<-, CLERK
~c.
Approved as to form and legal
sufficiency:
By ~/
/"~zac~ ~
Assistant County Attorney
BOARD OF COUNTY
COMMrSSIONERS
COLLIER COUNTY, FLORIDA
By: c:::-''> ~~ ~
- Frank Halas, Cliairm n ~
r:t-l(;U3
d~l1?
Of I.t;-fob
IJ
ORIGINAL DOCUMENTS CHECKLIST & ROUTING sfIr~ D 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TQJ;U
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be h,Uld delivered to the Board Oftiee. The completed routing slip lUld 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 #J through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Terri Daniels Human Services Dept. 03/1/06
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees abovc, including Sue Filson, nced to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signaturc are to be delivercd to the BCe ofllce only after the Bee has acted to approve the
item)
Name of Primary Staff Terri Daniels Phone Number 732-2689
Contact
Agenda Date Item was February 28, 2006 Agenda Item Number 16D5
Approved by the BCC
Type of Document Agreement Number of Original 4
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si 'nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be wa e of our deadlines!
The document was approved by the BCC on ';3 () (enter date) and all changes
made during the meeting have been incorporat d in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
N/A (Not
A licable)
2,
3,
4.
5,
6,
tf
I: Forms/ County Forms/ BCe Forms/ Original Documcnts Routing Slip WWS Original 9.03.04, Revised J .26.05, Revised 2.24.05
16D5
MEMORANDUM
Date:
March 14, 2006
To:
Terri Daniels, Grants Supervisor
Human Services Department
From:
Ann J ennej 000, Deputy Clerk
Minutes & Records Department
Re:
Standard Agreement between the
Area Agency on Aging and Collier County
Agreement Number OAA 203.06
Enclosed, please find four (4) original Standard Agreements as
referenced above (Agenda Item #16DS), approved by the Board of
County Commissioners on Tuesday, February 28, 2006.
After the agreements have been sent to the Area Agency on Aging for
Southwest Florida, Inc. for the required signature, please return one
fully executed original to the Minutes and Records Department.
If you should have any questions, please call 774-8406.
Thank you.
Enclosures (4)
l{~Dlf:)
MEMORANDUM
Date:
March 14, 2006
(unvf
J1;/r~:
Terri Daniels, Grants Supervisor
Human Services Department
"'...-....~-->- .,.,.,.)
Ann Jennejohn, Deputy Cler.r~k
Minutes & Records Dep~1j:~
Re:
Standard Agreement between the
Area Agency on Aging and Collier County
Agreement Number OAA 203.06
Enclosed, please find four (4) original Standard Agreements as
referenced above (Agenda Item #16D5), approved by the Board of
County Commissioners on Tuesday, February 28, 2006.
After the agreements have been sent to the Area Agency on Aging for
Southwest Florida, Inc. for the required signature, please return one
fully executed original to the Minutes and Records Department.
If you should have any questions, please call 774-8406.
Thank you.
Enclosures (4)
16DS
2006
Agreement Number OAA 203.06
STANDARD AGREEMENT
AREA AGENCY ON AGING
Collier County Services for Seniors
THIS AGREEMENT is entered into between the Area Agency on Aging for Southwest,
Florida, Inc., hereinafter referred to as the "agency", and Collier County Services for Seniors,
hereinafter referred to as the "recipient." This agreement is subject to all provisions contained in
the MASTER AGREEMENT executed between the agency and the recipient,
Agreement No. HM004, and its successor, incorporated herein by reference.
The parties agree:
I. Recipient Agrees:
A. Services to be Provided:
To plan, develop, and accomplish the services delineated, or otherwise cause the
planning, development, and accomplishment of such services and activities, under the
conditions specified and in the manner prescribed in A TT ACHMENT I of this
agreement.
B. Final Request for Adjustments and Payment:
The recipient must submit the final request for payment to the Agency no more than
thirty (30) days after the agreement ends or is terminated. Any payment due under the
terms of this agreement may be withheld until all reports due from the recipient, and
necessary adjustments thereto, have been approved by the Agency.
II. The Agency Agrees:
A. Agreement Amount:
To pay for services according to the conditions of ATTACHMENT I in an amount not
to exceed $443,904.00, subject to the availability of funds.
B. Obligation to Pay:
The State of Florida's performance and obligation to pay under this agreement is
contingent upon an annual appropriation by the Legislature.
C. Source of Funds:
The costs of services paid under any other agreement or from any other source are not
eligible for reimbursement under this agreement. The funds awarded to the recipient
pursuant to this agreement are in the state grants and aids appropriations and consist of
the following:
16D5
2006
Agreement Number OAA 203.06
Proe:ram Title Year Fundin~ Source CFDAlCSF A # Fund Amounts
Older Americans Act 2006 U.S. Dept. Of Health and Human 93.044-045 and
Services 93.052
Title IIIB Support 2006 U.S. Dept. Of Health and Human 93.044
Services Services $58,360.00
Lead Agency Operations $230,185.00
Spendin~ Authority
Title III C 1 Congregate 2006 U.S. Dept. Of Health and Human 93.045
Meals Services $37,020.00
Lead Agency Operations
Title III C2 Home 2006 U.S. Dept. Of Health and Human 93.045
Delivered Meals Services $33,281.00
Lead Agency Operations
Title III E Services 2006 U.S. Dept. Of Health and Human 93.052 $53,454.00
Supplement Services Services $14,182.00
Grandparent Services $4,126.00
Lead Agency Operations $13,296.00
TOT AL FUNDS CONTAINED IN THIS $443,904.00
AGREEMENT:
The $22.699.00 Legal Service Allocation and the $39.256.00 PSA 8 I & R Allocation are NOT
INCLUDED in the Title III-B spending authority allocations shown above.
Proe:ram Title Year Fundin~ Source CFDA/CSFA # Fund Amounts
Title III Cl Congregate 2006 U.S. Dept. Of Health and Human 93.045
Meals Services $222,816.00
Senior Connections -
Spending Authority
Title III C2 Home 2006 U.S. Dept. Of Health and Human 93.045
Delivered Meals Services $191,693.00
Senior Connections -
Spending Authority
TOTAL FUNDS CONTAINED IN THIS $414,509.00
AGREEMENT:
2
1605
2006
Agreement Number OAA 203.06
III. Recipient and Agency Mutually Agree:
A. Effective Date:
1. This agreement shall begin on January 1. 2006 or on the date the agreement has been
signed by both parties, whichever is later.
2. This agreement shall end on December 31. 2006.
B. Termination, Suspension, and/or Enforcement:
The causes and remedies for suspension or termination ofthis agreement shall follow
the same procedures as outlined in Section IILB. and Section III.C. of the Master
Agreement.
C. Recipient Responsibility:
Notwithstanding the pass through language contained in Section 1.0.1. of the Master
Agreement, the recipient maintains responsibility for the performance of all sub
recipients and vendors in accordance with all applicable federal regulations (Code of
Federal Regulations (CFR) Title 45, Chapter XIII, Part 1321.25) and state laws.
D. Notice, Contact, and Payee Information:
1. The name, address, and telephone number of the grant manager for the agency for
this agreement is:
Leigh Wade, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
(239) 332-4233 Fax (239) 332-3596
2. The name, address, and telephone number of the representative of the recipient
responsible for administration of the program under this agreement is:
Barry Williams, Director
Collier County Services for Seniors
330 I East Tamiami Trail
Naples, Florida 34112
(239) 774-8154 Fax (239) 774-3430
3. In the event different representatives are designated by either party after execution of
this agreement, notice ofthe name and address of the new representative will be
rendered in writing to the other party and said notification attached to originals of
this agreement.
3
lh05
2006
Agreement Number OAA 203.06
4. The name (recipient name as shown on page 1 of this agreement) and mailing
address of the official payee to whom the payment shall be made:
Collier County Services for Seniors
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8154 Fax (239) 774-3430
IN WITNESS THEREOF, the parties hereto have caused this 11 page agreement to be executed
by their undersigned officials as duly authorized.
RECIPIENT: Collier County Services
For Seniors
Area Agency on Aging
for Southwest Florida, Inc.
BOARD PRESIDENT OR
AUTHORIZED DESIGNEE
~~NED ~..>~_
SIGN
BY:
NAlJE: Frank H~s
NAlJE: John Koehler
TITLE: Chairman
TITLE: Board President
DATE: December 31,2005
DATE: December 31. 2005
FEDERAL ID NUMBER:
FISCAL YEAR-END DATE: 9/30
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AtTJtST: . .
I>.WIGlIT B. '1QIOoK. CJerk
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4
16D5
2006
Agreement Number OAA 203.06
ATT ACHMENT I
OLDER AMERICANS ACT PROGRAM
I. ST A TEMENT OF PURPOSE
The Older Americans Act (OAA) Program is a federal program that provides assistance to older
persons and caregivers and is the only federal supportive services program directed solely toward
improving the lives of older people. The program provides a framework for a partnership
among the different levels of government and the public and private sectors with a common
objective, improving the quality oflife for all older Americans by helping them to remain
independent and productive.
To enhance the provision of services at the local level, the Department is charged with dividing
the state into distinct planning and service areas (PSA's) and designating an Area Agency on
Aging (AAA) for each of them. The recipient, a Lead Agency, is responsible for assessing the
needs of older persons within its respective PSA.
The recipient fosters the development and implementation of comprehensive and coordinated
systems to serve older individuals. Under current law, all service providers funded under part B
of the Act must follow priorities established by the recipient and approved by the Agency for
serving the elderly, providing assurances that preference will be given to those with the greatest
economic and social need, with particular attention to low-income minority older individuals
residing in rural areas.
II. SERVICES TO BE PROVIDED
A. Services:
The Agency's area plan for the calendar year 2006, and any revisions thereto approved
by the Agency and located in the grant manager's file, are incorporated by reference in
this agreement between the Agency and the recipient, and prescribe the services to be
rendered by the recipient and prescribe the manner in which the recipient will meet the
requirements of the Older Americans Act as amended in 2000.
The recipient's service provider application for 2005-007, and any revisions thereto
approved by the agency and located in the agency's file, are incorporated by reference in
this agreement between the agency and the recipient, and prescribe the services to be
rendered by the recipient
B. Manner of Service Provision:
The services will be provided in a manner consistent with and described in the
recipient's area plan for calendar year 2006, the Department of Elder Affairs Home and
5
16D5
2006
Agreement Number OAA 203.06
Community-Based Services Handbook dated 1/03, the Department of Elder Affairs
National Family Caregiver Support Program Guidelines, and the Department of Health
and Human Services, Office of Assistant Secretary, Administration on Aging, Program
Instruction, AoA - PI -01-02. In the event the manual or guidelines are revised, such
revision will automatically be incorporated into the agreement and the grant manager
will send a copy to the recipient's contact person. The recipient agrees to perform the
services ofthis agreement in accordance with all federal, state, and local laws, rules,
regulations and policies that pertain to Older Americans Act funds.
III. METHOD OF PAYMENT
A. The method of payment in this agreement includes advances and fixed rates for all
services. The recipient must ensure all costs and fixed amounts include only those costs
that are in accordance with all applicable state and federal statutes and regulations and
are based on historical costs and audited historical costs when applicable. The recipient
shall consolidate all requests for payment and all expenditure reports that support
requests for payment from subrecipients and vendors and shall submit to the Agency on
forms 106 and 105.
All sub-awards (agreements between the recipient and its sub-contractors who have been
deemed by the recipient to be sub-recipients) are subject to those Federal cost principles
applicable to the particular organization concerned. Thus, if a sub-award is to a
governmental unit (other than a college, university or hospital), this Circular shall apply;
if a sub-award is to a commercial organization, the cost principles applicable to
commercial organizations shall apply; if a sub-award is to a college or university,
Circular A-21 shall apply; if a sub-award is to a hospital, the cost principles used by the
Federal awarding agency for awards to hospitals shall apply; if a sub-award is to some
other non-profit organization, Circular A-122, "Cost Principles for Non-Profit
Organizations," shall apply.
B. The recipient shall maintain documentation to support payment requests that shall
remain available upon request to the State Comptroller, the Department, the Agency or
other authorized state and federal personnel.
C. The recipient may request a monthly advance for administration and service costs for
each of the first two months of the agreement period, based on immediate anticipated
cash needs. Detailed documentation justifying cash needs for advances must be
submitted with the signed agreement, approved by the Agency, and maintained in the
grant manager's file. For-profit organizations cannot receive advance funds. All
payment requests for the third through the twelfth months shall be based on the
submission of monthly actual expenditure reports beginning with the first month of the
agreement. The schedule for submission of invoices is A TT ACHMENT II to this
agreement. Reconciliation and recouping of advances made under this agreement are to
6
1605
2006
Agreement Number OAA 203.06
be completed by the time the final payment is made. All payments are subject to the
availability of funds.
D. A final receipt and expenditure report (closeout report) will be forwarded to the Agency
within sixty (60) days after the agreement ends or is terminated. All monies which have
been paid to the recipient and not used to retire outstanding obligations of the agreement
being closed out must be refunded to the Agency along with the final receipt and
expenditure report.
E. Interest Earned on General Revenue and Federal Funds: Interest income earned on the
advance of general revenue and federal funds must be separately identified and returned
to the Agency together with the payment and expenditure reports. Advances on federal
funds must be maintained in interest-bearing accounts in accordance with 45 CFR
74.22(k).
F. Any payment due by the Agency under the terms of this agreement may be withheld
pending the receipt and approval by the Agency of all financial and programmatic
reports due from the recipient and any adjustments thereto, including any disallowance
not resolved as outlined in Section J.P.!. of the Master Agreement.
G. The recipient agrees to implement the distribution of funds as detailed in the approved
area plan and the Budget Summary, A TT ACHMENT III to this agreement. Any
changes in the amounts of federal or general revenue funds identified on the Budget
Summary form require an agreement amendment.
H. Financial Reports: The recipient agrees to provide an accurate, complete and current
disclosure of the financial results of this agreement as follows:
I. To submit all requests for payment and expenditure reports according to the format,
schedule and requirements specified in ATTACHMENT I.
2. The completed manual units of service portions of the Older Americans Act Annual
Report, if applicable, are due to the grant manager on the date established by the
Agency. The Agency will obtain the remaining Report sections from the Consumer
Information, Registration and Tracking System (CIRTS).
IV. SPECIAL PROVISIONS
A. Consumer Contributions and Co-payments for Services
I. The recipient assures compliance with Section 315 of the Older Americans Act as
amended in 2000, in regard to consumer contributions. Subrecipients may charge
co-payments to those persons able to pay part or all of the cost of services only for
services not paid for with Older Americans Act funds.
7
16DS
2006
Agreement Number OAA 203.06
2. Voluntary contributions are not to be used for cost sharing or matching (see Title 45,
Chapter XIII, Part 1321.25, CFR).
3. Accumulated voluntary contributions are to be used prior to requesting Federal
reimbursement (see Title 45, Chapter XIII, Part 1321.25, CFR).
4. Voluntary contributions and related interest earned are program income and must be
used to expand services.
B. Match
The recipient will assure, through a provision in their sub-grant agreement, a match
requirement of at least 10 percent of the cost for all services funded through this
agreement. The recipient's match will be made in the form of cash and/or in-kind
resources. The subrecipient's match will be made in the form of cash. At the end of the
agreement period, all Older Americans Act funds must be properly matched.
c. Title III Funds
The recipient assures compliance with Section 306 of the Older Americans Act
Amendments as amended in 2000, that funds received under Title III will not be used to
pay any part of a cost (including an administrative cost) incurred by the recipient to
carry out an agreement or commercial relationship that is not carried out to implement
Title III.
D. Prioritization for Service Delivery
The recipient shall develop and implement policies and procedures consistent with
Older Americans Act targeting criteria.
E. Service Cost Reports:
The recipient will require subrecipients to submit semi-annual service cost reports that
reflect actual costs of providing each service by program. This report provides
information for planning and negotiating unit rates.
8
2006
Report
Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Legend:
Note # 1:
Note # 2:
1605
Agreement Number OAA 203.06
ATTACHMENT II
OLDERAMEIDCANSACTPROGRAM
AGREEMENT REPORT CALENDAR
ADVANCE BASIS AGREEMENT
Based On
January Advance*
February Advance*
January Expenditure Report
February Expenditure Report
March Expenditure Report
April Expenditure Report
May Expenditure Report
June Expenditure Report
July Expenditure Report
August Expenditure Report
September Expenditure Report
October Expenditure Report
November Expenditure Report/Jan. Adv. Recon. **
December Expenditure Report/Feb. Adv. Recon.**
Final Expenditure and Request for Payment Report
Closeout Report
*
**
Submit to Agency
On This
Date
January I
January I
February 10
March 10
April I 0
May 10
June 10
July 10
August 10
September 10
October 10
November 10
December 10
January 10
January 31
February 15
Advance based on projected cash need.
Submission of expenditure reports mayor may not generate a payment
request. If final expenditure report reflects funds due back to the Agency,
payment is to accompany the report.
Report #1 for Advance Basis Agreements cannot be submitted to the State
Comptroller prior to January I or until the agreement with the Agency has
been executed and a copy sent to the Department. Actual submission of the
vouchers to the State Comptroller is dependent on the accuracy of the
expenditure report.
The last two months of the recipient's fiscal reports covering actual
expenditures shall reflect an adjustment repaying advances for the first two
months of the agreement, if advances have not been recouped.
9
16D5
2006
Agreement Number OAA 203.06
ATTACHMENT In
OLDER AMERICANS ACT PROGRAM
BUDGET SUMMARY
RECIPIENT: Collier County Services for Seniors
1. Title III B Support Services
2. Title C I Congregate Meals
3. Title C2 Home Delivered Meals
4. Title III E Services
Total
$288,545.00
$ 37,020.00
$ 33,281.00
$ 85,058.00
$ 443.904.00
10
2006
16D5
Agreement Number OAA 203.06
A TT ACHMENT IV
OLDER AMERICANS ACT PROGRAM
RATE SUMMARY
COUNTY COUNTY BOARD OF COUNTY COMMISSIONERS
Services
Total Cost
Reimbursement Rate
Case Aide $20.68 $18,61
Case Management $44,55 $40.10
Screening & Assessment $28.68 $25.81
Transportation - Group Cost Reimbursement Cost Reimbursement
Intake $25.43 $22.89
Chore $18,00 $16.20
Enhanced Chore $26.00 $23.40
Homemaking $18.00 $16.20
Personal Care $20.00 $18.00
Facility Respite $10,00 $9.00
In-Home Respite $18,00 $16.20
Adult Day Care $10.00 $9.00
EARS $1.30 $1.17
II
Date:
To:
From:
Re:
MEMORANDUM
March 2, 2006
Sandra Arnold, Coordinator
Communication & Public Relations
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
NACO Awards
Arts and Historic Preservation
Achievement Awards Program - Category 1 - Civil
Education & Public Information and
County Arts & Culture Awards
16F2
Enclosed please find one (1) original of each document, as referenced
above, (Agenda Item #16F2), approved by the Board of County
Commissioners on Tuesday, February 28, 2006.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosures
IP leese 'efee to "Step One Completion of the Tcansm l!tal Fo,m." foe dlcections on pmpecly com pleti nlls Qf 2
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16G2
GRANT AGREEMENT BETWEEN eRA AND OWNER
FOR SITE IMPROVEMENT FOR BAYSHORE/GATEWAY TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this ZflAIay of F~fM ~'i ' ~ by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and 6:". RcJ.tl!~ JAil/A,}}.",! l~':,'P. (hereinafter collectively referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of /.rlJ(Ja {I:
dollars; and -
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of !t.){)(}. ("'I dollars on
fe6t2..l\AfU-! l~ , ~Db ("CRA Approval"), which is ~% of the costs to
construct the sIte improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program, a copy of which
is attached as Exhibit "An and incorporated herein.
2. Owner is the record owner of property described as 3/;2 J -r; rrt/t!y l}z/L
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated , Il?/u7.:h 3 I J a..u ()~. (the "Site
Improvements")
4. Owner agrees to complete the construction of the Site Improvements within one
(1) year of eRA Approval. Owner also agrees to fund at least 50% of the costs of the Site
Improvements.
16G2
5. CRA has approved a grant to Owner in the amount of !fJOL1.(Y to be
administered pursuant to the terms of this Agreement based on an estimated cost of
)) I Y 7 ;., '::/1:-. If the actual costs are less than the estimated costs to construct the Site
Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement
costs approved for funding by the CRA.
.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the CRA staff' a project summary report, two (2) 8 x 10 after
photos, a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff. The CRA,
through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the CRA.
8. Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved applicatio~ Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (1) year of CRA
approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
16G2'-.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
fIrst written above.
~/'
.~ .
(1) -'/.... ~~. L--.
W. , S'
)mess Ignature
;!/A-rr J:;iftVS O~
Printed/Typed Name
OWNERy./1
../
/
By: ( 'OJ .......
\ ~
V\,{IJ
~, \1 ~() (VI C,S1 (0C U \e,
Printed/Type Name 11~ frt''7,.cie,lf j)}-
C . I . ~{d~ J/\iJIJ!n1",tlr
tt I I {' .; :'"f' .
(2)
WI ess Signature
---? 0..v! \L I~ n-+ I 'r. E:'
Printed/Typed Name
"
ArrEST.: \.~ ~~~. ...~ !',
DWIGHr~E~'B.ROCi<,ct~
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
~
tQ
d~
By:
DO
A FIALA, Chairman
Approved as to fonn and
legal sufficiency:
w~~~
Patrick G. White
Assistant County Attorney
16G2
.
GRANT AGREEMENT BETWEEN eRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORE/GATEW A Y TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this zgf1. day of fi::.'i$t4~ A.'Lvt ' ~" by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and The Lofts on Bayshore Development Company, Inc" (hereinafter referred to as
"Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of $8,000.00
dollars; and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for
Fe:Oeut\e~ -z8
site improvements.
a grant award in the amount of $8,000.00 dollars on
,2006 ("CRA Approval"), which is 7.7% of the costs to construct the
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program, a copy of which
is attached as Exhibit "A" and incorporated herein.
2. Owner is the record owner of property described as 3570, 3580, 3590 Bayshore
Drive, Naples, FL.
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated January 17, 2006 (the "Site Improvements")
Attached hereto as Exhibit A and incorporated herein by reference.
4. Owner agrees to complete the construction of the Site Improvements within one
(1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site
Improvements.
1662
.
5. CRA has approved a grant to Owner in the amount of $8,000.00 to be
administered pursuant to the terms of this Agreement based on an estimated cost of $104,040.00.
If the actual costs are less than the estimated costs to construct the Site Improvements, the grant
amount shall be reduced to equal the percent of the Site Improvement costs approved for funding
by the CRA.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x lO after
photos, a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff. The CRA,
through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the CRA.
8. Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved application, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the proj ect is not completed within one (1) year of CRA
approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
lO, This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
16G2
.
By:
Lofts on Bayshore Development
~,~~
;;;'11 17 C /I1fl Cah ~
Printedrryped Name
Peter B. Canalia, President
PrintedlTyped Name
(2) % t'l tI'll( L~.......-
Wimess SignatUre
~!b J rl1C{.I,I~
Print yped Name
- ...'"
ATTEST:, ,......... _ "
DWIGHT ~)l.~QCK, tl~
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By ~J~
DONN FIALA, Chairman
~;~~~?I~.'~
.~.t1n Qri.l: ~
. "'~,J '\' .,
, ' ,'I) ~~~:"~~:':):I;Y';\'
,t.",.
Approved as to form and
lega 1 sufficiency:
p7(~~u -)72iJt~<-I-fJ6tit~~~
IIs51'5Jfiiji C O(J.,tiY' 1f71Z)(j..-&Y 0
ASSiStant county Attorney
!h /l1ZJDIC I c- I}) Sit) JCIV 7 - S lllC.u /I/C
. .....
ItG2~'.
GRANT AGREEMENT BETWEEN CRA AND OWNER
FOR SITE IMPROVEMENT FOR BA Y~BORElGAnWAY TRIANGLE
REDEvtLOPMENT AREA
THIS AG~EEMENT ENTER~ this Zf~y of .B:1b-$~/. 'r' 2-06'. oy and
between the Colher County Commumty Redevelopment Agency (herein8.fter referred to as
"eRA R) and f?O':Rr]1fln ~ ajju..:fYl b~f('lj (,./-.' oil (hereinafter collectively referred to as "Owner").
"j),~/.} Sh,.tJow(t/..wf1 Di~tllil'CvnrJdr .Jt-1rt.l ':rot
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administQr CRA grants including
contracts with owners for CRA grantS; and
WHEREAS~ Owner has applied for a site improvement grant in the amount of loOf) ,..,
dollars; and
WHEREAS. the CRA has determined that Owner meets the ~'bility mquirements and
was approved fur a grant award in the amount of $ % t' at) ,iI) dollars on
fe~l~Lg > "ZOVh ("CRA Approval"), which is ~% of the costs to
constmct the Site improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration,. the parties agree as follows:
I. Owner acknowledges to the eRA that Owner has received a copy of the Colliet:'
County Community Site Improvement Gram. Program (hereinafter reterred to as "Grant
Program"); that Owner bas read the Grant Program, and that Owner bas had ample opportunity
to mscuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the eRA that Owner understands and agrees to abide by all of the terms and conditions of the Grant Program. Owner agrees to the tenns and conditions oft:he Grant Program, a copy of which
is attacbed as Exhibit II A" and inoorporated herein.
2. Owner is theRCOro owner of property. described asa,/S';; .sf~Jh./AJ71 Dr
IV LII ;2.y r)/ dn7l:,t!'1 L ,r;-td F 5f /'-F. /tr ~ tJi/1/ 0.' () I (.,. 0 (' eh" 1'111
3, Owner has agreed to make certain improvements to the property pursuant to the
grant applic.ation submitted to the eRA dated '.Y1.Ill.liLJ ~-jt,. ~O~ . (the "Site
Improvementsll)
4. Owner asrees to complete the construction of the Site Improvements within one
(1) year of CRA Approval, Owner aI~ agrees to fund at least 500;0 of the costs of the Site
Improvements.
1682
.
5. CRA has approved a grant to Owner in the amount of .. j fJO 0.'1' to be
anministered pursuant to the terms of this Agreement based on an estimated cost of
j ::;..11" ~l) . H. If the actual costs are less than the estimated costs to construct the Site
imProvements, the grant amount shall be reduced to equal the percent of the Site Improvement
costs approved for funding by the eRA..
6. Unless prior disclosure is included in the grant application. no Owner, or any
immediate relative of Owner, shall ~ as a contractor or ~ntractor for the CQ"struction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for Jabor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, firthet-, brother, sister, aunt:, uncle and cousin or family member by
marriage to include mother-in-law, flLther-in-law, brother-in-law and sister-tn-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Dtvision. Upon completion of
the work, Owner shall submit to the eRA staff a project summary report, two (2) 8 x 10 after
photofl, a list of materials and constroction technique$ used, a list of archit~s and/or COntractofS.
and any other information specific to the project or requested by the eRA staff. The eRA,
througb its stall: shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the eRA
8. Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved application~ Owner shall be issued a check in
the amount of the grant, However, if Owner fails to make the improvements pursuant to the
terms of the approved appticat~ or if the project is not completed within one (1) year ofCRA
approval, or if Owner faits to fund at least 50%. of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no flmding.
9, This Agreement shall be governed and construed. pursuant to the laws of the State
of Florida.
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings. whether oral or written..
No change, modification or amendment,. or any represemat.ion, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11 , This Agreement is personal to Owner, and may not be assigned Of transferr<<i by
Owner or to Owner's respective heirs, personal representatives. successors or assigns without the
prior written con.~t of the eRA
1662
.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
OWNER:
By:
~~" -p~-
Name
R 0 S C: IV\. A'YL. " PAt. I-t rI'\ I>-ii>
PrintedIl'yped. Name Gg.. "\\-"\1 .s r <- "C- ~O
~'~~?~\~~Q ~"J'n-~~,~,
~ {(6\c" $ ~4d tl '-..J li:\W JJ b-e J"" ( T~\JJf
ATTF~T::'.~ ..:. ..J
DWIGIfI;;E, '~~Clerk
"
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:- h)~
00 A FIALA, Chairman
~
Approved as to fonn and
D::TI,\ I n",ff\. c1~''oa\
~ \J'JJVJt. U 1)b;<h~~~~
Patrick G. White
Assistant County AUoaIey
16G2
.
GRANT AGREEMENT BETWEEN eRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this 2!tf.. day of fb~C24 AIl.V ' 'l&J' by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"eRA") and--;>~-5 Q. \hi;p <~ (hereinafter referred to as "Owner").
-:r <U\t.. C; , \k ('\
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of 1 ~m V
dollars; and
WHEREAS, the CRA has determined that Owner meets the e~gibility requirements and
Ch17JJl'JI.-
was approved for a grant award in the amount of ovvv dollars on
Ft-<?;(U..\ A:<lJ.-l 2~ , '2-00" ("CRA Approval"), which is ~% of the costs to
construct the s te improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program, a copy of which
is attached as Exhibit" A" and incorporated herein.
2. Owner is the record owner of property described as 330f &;f--I'hC) ~v C
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated JAlVlAMt-;{,::2- 7 I 2DI (, . (the "Site
Improvements") Attached hereto as Exhibit A and incorporated here n by reference.
4. Owner agrees to complete the construction of the Site Improvements within one
(1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site
Improvements,
ORIGINA/.
16G2
f; c>-rtr-. 0.)
5. CRA has approved a grant to Owner in the amount of 0 v () C - to be
fdministered pursuant to the terms of this Agreement based on an estimated cost of
/AJ ( 7O"b _fJJ- . If the actual costs are less than the estimated costs to construct the Site
Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement
costs approved for funding by the CRA.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after
photos, a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff. The CRA,
through its statT, shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the CRA.
8. Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved application, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (1) year of CRA
approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
16G2
.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
OWNER(S):
(1) -~
Witness Signature
..J
BYV~'~ J2f7
~.h' ~> ;:;J-J(~
::d~:~' /{;t
~G (;"c ~(-r
Printedffyped Name
tot( ME:. C4.4JE/<O,J
(2) L/
i Ignature
--:;J/~uA- UHf -li/II;f
Printedffyped Name
'\.. "
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By ~~
DON A FIALA, ChaIrman
ATTEST: . .
DWIGlfIE~BR.~€K, Clerk
, ) . ,-
,
:::.' :.'.-, Qf .~" I()~
~ . ' .. , ~ ':puty Clerk
,At,te,Stl$ .'to:'Cha1 run . s
"i.._.:~l ,.
Approved as to form and
legal sufficiency:
arj e Student-Stirling
Assistant County Attorney
16G2
.
GRANT AGREEMENT BETWEEN eRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENTERED this 2,~~day of Ff!!&f?MfW-1 , 'ZDv t:. by and
between the C~.!I~yCouPty '>;om~nity Redevelopment Agency (hereinafter referred to as
"CRA") and ~41/ t2. ~ (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of '$MJri)~
dollars; and ,<jJ:!t
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant award in the amount of '1 S'Dl)()t;!!} dollars on
fE:-~<Lu...~ .W , '200" ("CRA Approval"), which is 3'5.1 ~ of the costs to
construct the SIte Improvements. --:J5;X~
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program, a copy of which
is attached as Exhibit" A" and incorporated herein.
2. Owner is the record owner of property described as 5S0()UW...\;:\J\~ 1)(2.( I/e;:
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated JANl,.\~ (3, 200~ . (the "Site
Improvements") Attached hereto as Exhibit A and incorporated herein by reference.
/:5
---
4. Owner agrees to complete the construction of the Site Improvements within one
(1) year of CRA Approval. Owner also agrees to fund at least 50% of the costs of the Site
Improvements.
g- lJ..
5. CRA has approved a grant to Owner in the amount of 000 to be
tministered pursuant to the terms of this Agreement based on an estimated cost of
- 1... 2 I '-/ 0 ~ ~. If the actual costs are less than the estimated costs to construct the Site
Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement
costs approved for funding by the CRA.
16G2
!2.
.
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the ~
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after
photos, a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff. The CRA,
through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the CRA.
8. Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved application, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (1) year of CRA
approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
16G?
I
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
(1)~ ~~
Witness Signature
~'o\\\,~ ~~\.~
Printedffyped Name
(2)J-~O.~
Witness Signature
rA-lltt A # It #JOILE).A; S
Printedffyped Name
A TTESI:' :- -"
DWlGffrE"'BR0.cK Clerk
:' "..' '< ~ 2'-' ""~_,,:. ," '.. '.... .
~'->:- '; - ',',', '
": ".\~ ~;:."., lJ)C
r,;,.", ' '" ..,puty Clerk .
.~' ":;t"':h."(~lh1lan . S
11~i~'j~
Approved as to form and
legal sufficiency:
~~'~-~
111 lC"m. TUoc=YIIT :Sill2~~
Assistant County Attorney
OWNER:
By ~/U~ g ~~
4:.u//V 8, S"ieC
Printedffyped Name
~l GNGD P:efbltc- A'\E: 'fI{I5 ~ 13i2.00b
~.. . 0.--1- \""'"111110,,,
~ 16~ ...~"'~\2.(\on PUfnii;::I,'-'.
~, ~'........ ~" ~
.ff ..~\~\SS'ON ;... ~
,,/ _. "" . 0'" ':.t.. ~
''4()~(Z.1 PUgUc.. ! ...."',v:~"'~'oert8,~'%>.... ~
: : ~~ %~~:
:*: ..... :*:
~ "t> ~ #00260734 i ~ ~
~:::;.\.. ~.. ..~~
~~...~~~ ...~~
~"""'A .. rzrll-InP.':'-.. ~~'"
~" (/8/........ 0"< ~
'1'1, ..Ie ST~1~ ~"",
""'Iilfl"""'~
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By f) .J~
DON~ ChaIrman
16~1.
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
February 28, 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) January 14, 2006, through January 20,2006.
(2) January 21, 2006, through January 27, 2006.
(3) January 28, 2006, through February 3, 2006.
B. Districts:
(1) Naples Heritaoe Community Development District: Schedule of
Meetings for Fiscal Year 2006.
(2) Port of the Islands Community Improvement District: Minutes
of October 28, 2005; Agenda of October 28, 2005; Minutes of
November 18, 2005; Agenda of November 18, 2005.
C. Minutes:
(1) Collier County Citizens Corps Advisory Committee: Minutes of
January 18, 2006; Agenda of January 18, 2006.
(2) Collier County Contractors' Licensino Board: Agenda of
February 15, 2006.
(3) Golden Gate Estates Land Trust Committee: Minutes of
November 21, 2005; Agenda of January 24, 2005; Agenda of
March 21, 2005; Agenda of May 23, 2005; Agenda of July 25,
2005; Agenda of September 26, 2005; Agenda of November
21, 2005.
(4) Golden Gate MSTU Advisory Committee: Agenda of February
14, 2006; Minutes of January 10, 2006.
(5) Habitat Conservation Plan Advisory Committee: Agenda of
February 6, 2006; Minutes of August 1, 2005; Minutes of
H:\DA T A \Melanie\2006 Miscellaneous Correspondence\2.28.06 Misc. Corresp.doc
1611.
August 15, 2005; Minutes of August 29, 2005; Minutes of
September 7, 2005; Minutes of October 3, 2005; Minutes of
November 7, 2005; Minutes of November 21, 2005; Minutes of
December 5, 2005; Minutes of December 19, 2005.
(6) Collier County Hispanic Affairs Advisory Board: Agenda for
December 15, 2005; Minutes of December 15, 2005.
(7) Immokalee Beautification MSTU Advisory Committee: Minutes
of January 18, 2006; Agenda of February 15, 2006.
(8) Lely Golf Estates Beautification MSTU Advisory Committee:
Agenda of January 19, 2006; Minutes of January 19, 2006.
(9) Collier County Library Advisory Board: Agenda of January 26,
2006; Minutes of December 14, 2005.
(10) Ochopee Fire Control District Advisory Board: Minutes of
December 12, 2005; Minutes of April 5, 2004.
(11) Parks and Recreation Advisory Board: Agenda of January 18,
2006; Minutes of December 21, 2005.
(12) Pelican Bay Services Division: Agenda of February 1,2006;
Minutes of January 4, 2006.
(13) Collier County Planninq Commission: Agenda of January 19,
2006; Minutes of December 1, 2005; Notice of Cancellation of
the February 2, 2006 meeting; Agenda of February 16, 2006.
(14) Productivity Committee: Agenda of December 21,2005;
Minutes of December 21, 2005; Fire Impact Fee Study
Ochopee and Isles of Capri.
(a) Park Impact Fee Subcommittee: Minutes of January 13,
2006.
(15) Vanderbilt Beach MSTU Advisory Committee: Agenda of
February 2, 2006; Minutes of January 5, 2006.
D. Other:
(1) Riviera Golf Estates Homeowners Association. Inc.: Agenda
for Annual Members Meeting schedule for February 22, 2006.
H:\DATA\Melanie\2006 Miscellaneous Correspondence\2.28.06 Misc. Corresp.doc
{~::~iJJ
H
Clerk of the Circuit Court
nO~l\ ;:\l,:O! ll.~~'i
"\,.'-:,l'_".,;\OfJf2'f"S
Collier County, Florida
Finance & Accounting Department
MEMORANDUM
Date:
To:
01/20/06
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 January 14, 200/through January 20,2006.
"(p
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. Corres:
Date: OJ-I ~ / D (p
Item#: (~I.2A L
Copies to:
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1611
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Clerk of the Circuit Court
Collier County, Florida
Finance & Accounting Department
MEMORANDUM
Date:
To:
01127/06
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 dis):mrsements for the Board of County
Commissioners for the period January 21, 200fi through January 27,2006.
'rJ
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. Corres:
oate:Od-/~% I D (0
Item #:liz.1=. )..A- ?--
Copies to:
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v@fimpp mqqpM#.W ..riUIDBer ...0 fH...ventlor.......Q r.......8W..........i. R~Ymen~:....~mqqfil$ qXe~r~ng.......:.....GW#ngI$Jp9>
101405 HASKINS INC 99,490 50 01/23/2006 2000096839
100933 EHC INC 134,468.49 01/24/2006 2000096840
107914 CAMP DRESSER & MCKEE 4,810 05 01/24/2006 2000096841
100861 DON HUNTER SHERIFF 4,372 00 01/25/2006 2000097413
100897 DWIGHT E BROCK CLERK OF COURTS 15,062 60 01/25/2006 2000097414
100675 COMMUNICATIONS INTERNATIONAL INC 1,900 04 01/26/2006 2000097419
100677 COMMUNICATIONS INTERNATIONAL INC 2,603 56 01/26/2006 2000097420
102915 TAMIAMI FORD INC 52,784 00 01/26/2006 2000097421
1001 SUNCOAST SCHOOLS 141,173 45 01/27/2006 2000097424
1005 NATIONWIDE RETIREMENT SOLUTIONS 72,049 03 01/27/2006 2000097425
1006 ICMA RETIREMENT TRUST - 457 51,083 28 01/27/2006 2000097426
100919 ECONOMIC DEVELOPMENT COUNCIL 14,138 60 01/27/2006 2000097430
102915 TAMIAMI FORD INC 17,403 00 01/27/2006 2000097431
103959 MCDONALD TRANSIT ASSOCIATES INC 169,057 90 01/27/2006 2000097432
104136 WASTE MANAGEMENT 2,051,777 87 01/27/2006 2000097433
106703 WILSON MILLER INC 2,625 00 01/27/2006 2000097434
107914 CAMP DRESSER & MCKEE 127,843 50 01/27/2006 2000097435
1084 Fifth Third Bank 825,121 19 01/27/2006 2000097436
1611
Clerk of the Circuit Court
Collier County, Florida
Finance & Accounting Department
MEMORANDUM
Date:
To:
02/03/06
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 January 28,2006 through February 3,2006.
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. Corres:
Date: D~/?-~ I b~
Item #: l (0 :eM--:>
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02/07/2006
AP Line Item Report for Payroll Operations Mgr
AP Line Item Report for Payroll Operations Mgr.
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2
100805
100848
100897
102915
103795
104271
106276
107914
108465
111637
112109
1084
100813
102052
103196
103795
108057
109189
100628
100897
100933
101157
103231
104117
104136
104834
108045
110041
100897
100081
100419
100677
101764
103181
103795
103947
109260
104919
100933
DELL MARKETING LP
DISTRICT TWENTY MEDICAL EXAMINER
DWIGHT E BROCK CLERK OF COURTS
TAMIAMI FORD INC
CDWG
ENCORE CONSTRUCTION
AIM ENGINEERING & SURVEYING INC
CAMP DRESSER & MCKEE
JOHN CARLO INC
JOHN CARLO INC
GULF COAST LANDFILL
Fifth Third Bank
DEPARTMENT OF COMMUNITY AFFAIRS
MITCHELL & STARK CONSTRUCTION CO
VILA & SON LANDSCAPE CORP
CDWG
SPILLIS CANDELA
WALKER PARKING CONSULTANTS
COLLIER COUNTY SHERIFFS OFFICE
DWIGHT E BROCK CLERK OF COURTS
EHC INC
FLORIDA MEDICAID/COUNTY BILLING
WASTE MANAGEMENT INC
FLORIDA ASSOCIATION OF COUNTIES
WASTE MANAGEMENT
JENNIFER EDWARDS,
DIVERSIFIED DRILLING CORPORATION
WACHOVIA BANK, NATIONAL ASSOC.
DWIGHT E BROCK CLERK OF COURTS
AERO PRODUCTS CORP
BONNESS INC
COMMUNICATIONS INTERNATIONAL INC
KRAFT CONSTRUCTION
VANDERBILT BAY CONSTRUCTION INC
CDWG
DELL MARKETING LP
WORKPLACE RESOURCES
HERMAN MILLER WORKPLACE RESOURCE
EHC INC
242.15
34,000.83
3,704.05
18,933.00
8,182.63
187,586.00
60,583.71
90,109.27
226,157.12
536,885.93
55,219.12
160.19
21,103.97
138,060.00
90,775.40
2,958.00
68,093.50
10,549.00
11,208,820.16
332,147.72
30,032.34
82,200.00
19,695.04
245,113.29
2,142.23
174,715.90
125,777.16
808.13
3,910.10
321.87
64,653.20
57,405.00
1,083,359.73
1,074,237.20
15,977.27
193.75
261.45
976.70
106,821.93
01/30/2006
01/30/2006
01/30/2006
01/30/2006
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Naples Heritage Community Development District
1611
210 N. University Dr., Suite 800 . Coral Springs, Florida 33071
Telephone: (954) 753-0380 . Fax: (954) 796-0623
October 1, 2005
RECE\VED
f'EB 0 , 2006
Tara Norman
City Clerk
735 Eighth Street South
Naples, FL 34102
Hoard of County (~Of(lm\S$ioners
Mr. Derrick Johnssen
Clerk of Circuit Court - Finance Department
2671 Airport Road, Court Plaza III
Post Office Box 413016
Naples, FL 34112-3016
Re: Meetings for Fiscal Year 2006
Dear Ms. Norman:
Derrick J ohnssen:
In accordance with Chapter 189 Florida Statutes, we are required to provide to you at the
beginning of each fiscal year a notice of our public meeting schedule. The Board of Supervisors
of the Naples Heritage Community Development District will hold their meetings for Fiscal Year
2006 at the Naples Heritage Golf and Country Club Clubhouse, 8150 Heritage Club Way,
Naples, Florida at 9:00 a.m. on the second Monday as follows:
November 8,2005
January 9,2006
March 13,2006
April 10, 2006
May 8, 2006
September 11, 2006
Please contact me at (954) 796-6611 if you have any questions. Thank you.
Sincerely,
Simone Campbell
District Recording Secretary
';:~\c
., Alll '.) \(.) 100G
1 \'1) J ._u
1'-.\1-'., !.,-'....
Misc. CO/T$s:
Date: 0;)-/;;"&/ D b
Item #: f k> -r. ;:t~l
Copies to:
1611
MEMORANDUM
Misc. Correspondence Agenda
Date
Agenda Item #
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
FROM:
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
DATE:
RE:
January 31, 2006
Miscellaneous Correspondence - BCC Agenda
Please place the following item on the next available BCC agenda and call me at extension 8350 with
the date and Miscellaneous Correspondence agenda item number.
Naples Heritaae Community Improvement District
1. Naples Heritage Community Improvement District has submitted the following item:
a. Public Meeting Schedule for Fiscal Year 2006
Thank you
:Ispeciallspecial
1611
f*).
''\
. '1'..... [\
n ;.'1- J
*" l....~ ,
'I. "nIY'
;.;j / lUlJO
MEMORANDUM
~ioaro \)f COllJ l\~ iion~llHS$jOners.
Misc. Correspondence Agenda
Date
Agenda Item #
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
FROM:
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
DATE:
RE:
February 7,2006
Miscellaneous Correspondence - BCC Agenda
Please place the following item on the next available BCC agenda and call me at extension 8350 with
the date and Miscellaneous Correspondence agenda item number.
Port of the Islands Community improvement District
1. Port of the Islands Community Improvement District has submitted the following item:
a. Minutes of meeting held October 28, 2005.
Thank you
:Ispeciallspecial
Misc. Com~s:
Date: Dd-j;;L '6/ D 10
Item #:jlo I. d-B d--
Copies to:
Port of the Islands
Community Improvement District
1611
Severn Trent Services, Management Services Division
210 North University Drive, Suite 800 - Coral Springs - Florida 33071
(954) 753-0380 - (954) 796-0623 fax
January 31, 2006
Memorandum To:
Tim Stephens
Port of the Islands C.I,D.
12600 Union Road
Naples, Florida 34114
Reference:
Minutes of Meeting held October 28, 2005 and Approved
November 18, 2005
From:
Edward Goscicki
Manager
Enclosed for your records is a copy of the minutes of the above-referenced meeting of the Port of
the Islands Community Improvement District's Board of Supervisors. Please make this
document available to the public during normal business hours.
If you have any questions, please call Janice Swade at (954) 753-0380.
Cc: For information purposes only:
Clerk ofthe Circuit Court
c/o Derrick Johnssen
2671 Airport Road, Court Plaza III
P.O. Box 413016
Naples, Florida 34112-3016
Jim Mudd
Collier County Manager
Governmental Center
3301 East Tamiami Trail
Administration Building
Naples, Florida 34112
:) c ~>,." ~
;<1.. \'
/jms
;~lB 06 :WOb
1611
MINUTES OF MEETING
PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT
The regular meeting of the Board of Supervisors of the Port of the Islands Community
Improvement District was held on Friday, October 28, 2005 at 10:00 a.m. at the Egret Room,
25000 Tamiami Trail, Naples, Florida.
Present and constituting a quorum were:
Dale Lambert
Ted Bissell
Norine Dillon
Richard Ziko
Vice Chairman
Assistant Secretary
Assistant Secretary
Assistant Secretary
Also present were:
Ed Goscicki
Dan Cox
Ron Benson
Bob Dick
Tom Mack
James Perry
Mark Kelmack
Numerous Residents
District Manager
Attorney
Engineer
Severn Trent Services
Staff
General Manager
Resident
FIRST ORDER OF BUSINESS Roll Call
Mr. Lambert called the meeting to order and called the roll.
SECOND ORDER OF BUSINESS Approval of the Minutes of the August 26,
August 30, and September 23, 2005
Meetings
Mr. Lambert stated each Board member received a copy of the minutes of the August 26,
2005 meeting and requested any additions, corrections or deletions.
There not being any,
On MOTION by Mr. Ziko seconded by Ms. Dillon with all in favor
the minutes of the August 26, 2005 meeting were approved.
RECEIVED
FE8 06 2006\
::")
; ~'j :\.; c: r" !
October 28, 2005
1611
Port of the Islands C.LD.
. f
Mr. Lambert stated each Board member received a copy of the minutes of the August 30,
2005 continuation of the August 26, 2005 meeting and requested any additions, corrections or
deletions.
Ms. Dillon stated I was present at the August 26th meeting and I do not know how that
carries over to the 30th as part of the same meeting,
Mr. Bissell stated Mr. Stephens thought he reported to the management company, the
Board and Mr. Benson. However, I do not believe he reports to Mr. Benson.
Mr. Goscicki stated that was his response.
On MOTION by Mr. Bissell seconded by Mr. Ziko with all in favor
the minutes of the August 30, 2005 continuation of the August 26,
2005 meeting were approved.
Mr. Lambert stated each Board member received a copy of the minutes of the September
23,2005 meeting and requested any additions, corrections or deletions.
Mr. Lambert stated I have a comment and I do not know whether or not we need to do
edit it. On Page 13 there were two motions on the table which were never addressed and we
moved on to other items.
Mr. Bissell asked are you referring to the motion about changing the meeting dates?
Mr. Lambert responded I am not referring to the meeting dates.
Mr. Bissell stated that was never voted on.
Ms, Dillon stated I thought it was.
Mr. Lambert stated the motion is here but no detail on whether it was finally voted on.
Mr. Goscicki asked are you referring to Page 13?
Mr. Lambert responded I am referring to Page 32.
Mr. Goscicki stated that was approved.
Mr. Lambert stated the motions on Page 13 are a question of parliamentary procedure.
Does anything need to be done?
Mr. Goscicki responded no. You made a motion, which you later tabled.
On MOTION by Ms. Dillon seconded by Mr. Bissell with all in
favor the minutes of the September 23, 2005 meeting were
approved.
2
October 28, 2005
Port ofthe Islands C,I.J. 6 11
THIRD ORDER OF BUSINESS Discussion Items
A. Mosquito Control Options
Mr. Goscicki stated we have not taken any further action on this. I am going to speak to
Ms. Pat McNalley today. She is in a position to take some lead with the Mosquito Control
Board, find out details of their procedure and what needs to be done in order to petition them
formally. If she is unable to take this action, we will take further action.
B. Open Items
Mr. Lambert stated the first item, equipment inventory, is being handled by Mr. Stephens
which involves bringing the equipment inventory up to date after Severn Trent Services
assembled the major items. Has Mr. Stephens worked on this?
Mr. Dick responded I do not believe so, He just returned from a 10-day vacation, and he
has been extremely busy preparing for the hurricane. However, I will ensure this is responded
to.
Mr. Lambert stated I believe there only a few items which need to be added,
With regards to the second item, reuse water irrigation, I believe we are waiting for
delivery of equipment.
Mr. Benson stated although the equipment has been arriving, the combination of Mr.
Stephens' vacation and my schedule have not given us time to follow up, but I believe we are
waiting on one remaining item,
Mr. Lambert stated the third item, which is the fire station, is being handled by Mr. Cox
and Mr. Mack. I do not know what Mr, Cox has done,
Mr. Benson stated I provided Mr. Cox with the legal descriptions of the parcels, and we
are going to work with the appraiser, However, we did send all legal documents.
Mr. Lambert asked do you know if the appraiser has started his portion ofthis project?
Mr, Benson responded I have not discussed this with Mr. Cox.
The record will reflect Mr. Cox has joined the meeting)
Mr. Benson stated the Board inquired about the fire station property. I reported I gave
you the legal documents.
Mr. Cox stated I received the title reports back, of which there is nothing significant to
report. However, we are still waiting for the appraisal.
Mr. Lambert asked do you have any idea when they may send it out?
3
October 28, 2005
1611
Port of the Islands C.LD.
-.;
Mr. Cox responded the appraiser mentioned it will take six to eight weeks to complete.
Therefore, we should have it for the next meeting.
Mr. Lambert stated Severn Trent is handling the entrance monuments, which is the fourth
item.
Mr. Goscicki stated if you recall, the Board approved Severn Trent moving forward with
the purchase order for those signs at the last meeting.
Mr. Dick stated we gave Likens Sign Tech a 50% deposit in order to initiate production
of the signs. I received an email yesterday letting me know they are on track. Although the
storm has them backlogged, this will happen quickly since they received the deposit. I noticed at
the marina entrance some of the tile was damaged which will affect him putting up that sign, and
repairs will be necessary.
Mr. Lambert stated I believe repairs will be necessary on the tile here as well.
With regards to the fifth item, portable generator for sewage lift stations, I saw one sitting
over there.
Mr. Dick stated that is the permanent generator for the well fill, which arrived last week.
We are in the process of working with Mr. Benson to install it. The portable generator will be
delivered next week, which is the one on the trailer.
Mr. Lambert asked will it be delivered on a trailer?
Mr. Dick responded yes. This is portable for your lift stations, the other well, or any
other equipment, if necessary.
Mr. Lambert stated with regards to the sixth item, the DEP letter for the Compliance
Inspection Report, once the generators done this will also be taken care of.
Mr. Benson stated I met with the DEP in September and we submitted the application to
them for permanent modifications allowing various projects which we planned for the next few
years, and will be covered in that permit. We are working with DEP and I believe they are
satisfied with our progress.
Mr. Lambert asked do they have any questions or problems with regards to what we are
doing?
Mr. Benson responded no.
Mr. Lambert asked with regards to the seventh item, Everglades restoration, have you
heard anything?
4
October 28, 2005
1611
Port of the Islands C.I.D,
Mr, Ziko responded no.
Mr, Lambert stated we are on hold with the ninth item, the Proposal for Operation of
Water and Wastewater Facilities, until we issue a new RFQ. Are we on schedule with this
process?
Mr. Cox responded we are at the point where we should do advertisements, which I will
get done for the next meeting. We were looking to read those or open the proposals in
December.
Mr. Lambert asked will we have something to look at for the December meeting?
Mr. Cox responded yes.
Mr. Lambert stated we tabled the tenth item, research capacity of facilities with the
possibility of adding additional ERCs, for the time being. Does anyone want to comment on
this?
Ms. Dillon responded we should table this.
Mr. Lambert stated with regards to the eleventh item, discrepancy between gallons of
water pumped and gallons billed, we are squared away with the contractor for installation of new
meters when they change over. Is there anything else to report?
Mr. Benson responded Mr. Stephens and I are going to get together and formulate a plan.
Mr. Lambert asked will the plan include a process to regularly change out some meters as
they age?
Mr. Benson responded one of the recommendations will be to set up a regularly
scheduled meter changeout program, since the community has aged. Basically, these meters
operate at a 10-year cycle, and as they either get to 1 million gallon capacity of use or 10 years
old, a routine process of changing those out should be in place.
Mr. Lambert asked will this be part of the process?
Mr. Benson responded yes, including identifying which are the older meters as well as
getting the process on a schedule The meters we are referring to for this project are already a
little over 10 years old.
Mr. Lambert asked what is the status of the twelfth item, which is the grant from
SFWMD?
Mr. Benson responded although I am sure it was a competitive process, we have not
heard anything one way or the other.
5
1611
October 28, 2005
Port ofthe Islands C.LD.
Mr. Lambert asked do they normally tell you whether or not it was approved?
Mr. Benson responded they make recommendations which go to an Advisory Board.
Mr. Lambert asked what is the status of the thirteenth item, which involves installation of
missing reflectors for the fire hydrant location?
Mr. Dick responded I made numerous phone calls and went to the fire station, and they
were unable to tell me where to purchase the reflectors, and did not have any, I spoke to the
Golden Gate Fire Chief, Mr. Doug Peterson, and he was unable to help me. I also spoke to the
Collier County DOT, who were also unable to help me. I am going to have to check with
A WW A and other locations, and will continue to pursue until I am able to obtain the reflectors.
Mr. Lambert stated we should not do anything on Newport Drive until the digging is
done.
With regards to the fourteenth item, painting the fire hydrants, Mr. Gatti was ready to
paint them and decided to wait until the end of the rainy season.
Mr. Dick stated I was asked to install reflector signs at the end of the dead end street.
The residents at the end of the street to the left informed us they took them down, planted trees in
place of them and asked us not put them back up. I put them in the truck and hauled them back
to the plant.
Mr. Bissell asked what about the opposite side?
Mr. Dick responded there are no signs there.
Mr. Bissell stated those are the signs I personally gave to Mr. Stephens.
Mr. Lambert stated we need to determine if we have the right to put them there. I am
referring to the area on Stella Maris Drive, which is private property.
Mr. Cox stated the only thing dedicated to the District in that area was the drainage
facilities near the plat, and the District later decided that if they are responsible for all the roads,
it should also include those roads, however, they did not determine they were going to take
responsibility for any of the other common areas, which seems to me to be an HOA function.
Ms. Dillon stated this is a liability issue if someone drives through there and goes into the
canal because there are no reflectors to indicate it is the end of the road.
Mr. Ziko stated the road does not belong to us, and in fact, does not exist since the units
go completely across the road. Therefore, they are owned by the residents.
Ms. Dillon asked does that mean we do not have to pave that part of the street?
6
October 28, 2005
Port of the Islands JD6 11
Mr, Cox responded although we do not own them, we agreed to maintain them.
Mr. Lambert stated there are drawings which indicate a public easement in that area. It
shows property lines going down there, but it shows it as an easement for a public right-of-way,
Mr. Cox stated I believe it was just for the homeowners in that subdivision.
Mr. Bissell asked is there a liability issue ifthere was an accident?
Mr. Cox responded yes, that is an HOA responsibility,
Ms. Dillon asked should the Stella Maris HOA look into this?
Mr. Cox responded yes.
Mr. Lambert stated Mr. Bissell should take this to their Board as a homeowner and ask
them to put the reflectors back up or they can assume the liability if something happens, I do not
know how often anyone can drive through since cars are parked down there most of the time.
Mr. Bissell stated that is the case at one end. However, cars roaring out of the other end
at 4:30 a.m. can possibly run into the canal on the other side.
Mr. Cox stated a car ran into my fence and made a hole, therefore, those comer posts did
not serve as a deterrent.
Mr. Lambert stated the fifteenth item, truck decals, was being handled by Mr. Stephens
and Severn Trent. As of the last update they should be on order.
Mr. Goscicki stated I will have to follow up since I have not received them. We came up
with a design using the standard design of community improvement district companies and will
continue to work on this with our local sign company,
Mr. Lambert asked will there be a color to them?
Mr. Goscicki responded yes.
Mr. Lambert asked will they be put on as soon as they are received?
Mr. Goscicki responded yes,
Mr. Lambert stated the eighteenth item, portable defibrillator, was on hold for quite some
time.
Ms. Dillon stated Mr. Ziko and I have not spoken due to our busy schedules as well as the
onset of the hurricane, however, I plan to hold him to donating this to us.
Mr. Lambert asked do you have anything to report on the nineteenth item, which is
review of funds taken in from back payments?
7
October 28, 2005
1611
Port ofthe Islands C.LD,
Mr. Cox responded I sent the Board a copy of the audit response letter which I prepared
for the audits for last year.
Mr. Lambert stated I did not receive it.
Ms. Dillon stated I also did not receive it.
Mr. Ziko stated I did not receive it either.
Mr. Cox stated I will ensure I send it. It includes detail of how much money came in,
how much was sent to the trustee, and ultimately how much was sent from the trustee to the bond
holders as well as the remaining amounts, of which I do not recall. There were many sub
accounts in the trust account itself where funds are supposed to go through various stages of
deposit which became rather complex, therefore, I sent it back to the auditors in order to ensure
everything was properly applied as part of their process. It appears with what is on deposit, as
well as the funds we should receive between now and then, leaves us with sufficient money to
make our November debt service payment. Revenues coming from tax payments in November
and December should be sufficient for the next principal and interest payment which is due. By
that time we should have everything re-amortized leaving the district in good shape. Therefore,
we can inform the Governor's office we are no longer in a state of financial emergency, with
bond payments being more mature than in the past.
Mr. Lambert asked how are we affected when we emerge from the state of emergency?
Mr. Cox responded we are not really affected. The financial state of emergency allows
the Governor's office to make a decision to do one of six things, ranging from appointing
someone to manage the financial affairs of the District, which happened when Miami went into a
state of financial emergency and the Lieutenant Governor took temporary control of the city, all
the way to doing nothing. We told the Governor's office this Board was doing everything
possible and explained the circumstances we were under during that period. As a result, the
Governor essentially chose to do nothing because we were doing everything possible to work out
of it, which ultimately happened.
Mr. Lambert stated that is the last item on the open items. Can someone look this over
while I am away to ensure it is updated and handled?
Mr. Ziko asked what is the status of the twentieth item?
Mr. Lambert responded it is on hold. Actually, we should remove this item from the list.
FOURTH ORDER OF BUSINESS Staff Reports
8
October 28, 2005
1611
Port of the Islands C.I.D,
A. Attorney
Mr. Lambert asked should the CID send a letter to the residents being switched from
potable water to reused water in order to make them aware that if they decide to dig in front of
their house, well water will no longer come through the irrigation?
Mr. Cox responded although it is not a legal requirement, it is always good to make
residents aware of what is going on.
Mr. Lambert stated I heard rumors residents may be hooked up to this for some of the
water in their garage among other things, therefore, I believe a letter will cover us,
Mr. Benson stated I will provide you a map identifying which houses are connected.
Mr. Lambert stated I believe it is better to send the letter making all residents aware of
what is going on.
Mr. Cox stated 29 homeowners may come to the next meeting,
B. Engineer
Mr. Benson stated the ongoing project at the wastewater plant with Parkson Corporation
is moving forward. We reviewed their preliminary submittal information, edited and approved it
as noted in order to keep it moving, and we are working on our design. When we started the
project there were different budget categories, of which the major one was Parkson. We were
also going to process purchase orders through Mr. Stephens to buy specific items, The largest of
those items was the Parkson screen which, as I reported last month, was going to be substantially
upgraded at a reasonable cost. We finalized negotiations with Parkson, and we are actually
going to get the upgraded screen for reduced cost. We purchased additional accessories which
are necessary in addition to the installation cost for $25,000, which was a line item in the budget.
I am not sure what needs to be done technically on that because I believe we just processed a
purchase order. We told them to start the paperwork as far as what needs to be done in order to
have it ready for installation according to our schedule. I distributed a copy of the contract, to
which a purchase order will be issued. I am not sure anything has to be done since it is within
the budget, and was authorized by the Board.
Mr. Ziko asked when is the project going to commence?
Mr. Benson responded part of the agreement with Parkson was they were not to deliver
the equipment until February 2006 in order for us to ensure we had enough money to fund the
project. However, we are working with them to have everything ready at that time.
Mr. Ziko asked when they deliver, will we have the necessary concrete work done?
9
October 28, 2005
1611
Port of the Islands C.LD.
Mr. Benson responded we are designing the concrete work, in coordination with Parkson
to ensure we are in agreement with regards to equipment and materials, and also to get them to
submit shop drawings for our review, in order to properly fit our design. All this is moving
forward, and involved a good deal of negotiations on your behalf. This contractor is doing the
water line project, both on the north property and on Newport Drive. We specified purple pvc
pipe for reuse of our water lines per DEP rules. Parkson is having trouble getting pvc pipe, as is
the case with all contractors. Since obtaining the purple pvc pipe is especially troublesome, we
coordinated with the DEP who allowed this, and approved the placement of substitute pipe
which must be wrapped with purple plastic material.
Ms. Dillon asked is it going to hold up?
Mr. Benson responded the pipe from a structural standpoint, is exactly the same except
for the color.
Ms. Dillon stated I am referring to the wrap.
Mr. Benson stated if someone digs down instead of seeing purple pipe, they are going to
dig something up which has a purple plastic cellophane wrap around it, which is acceptable.
This is the reason getting the pipe into the ground has taken longer than anticipated. I have
someone in my office working with the contractor and everything appears to be on schedule
without any problems with regards to meeting the contractual deadlines.
Ms. Dillon asked what is this 4% surcharge for?
Mr. Benson responded this letter is really more informational because I do not think there
is a way under our contract to address this.
Mr. Bissell stated we have a contract for a certain amount.
Mr. Cox stated their letter is asking you to accept this surcharge. We can process a
change order if you are willing to do so, which reflects the 4% interest.
Mr. Benson stated they are going to send us a bill with an extra 4%. Our
recommendation will be to process it and pay the contract amount through the end of the project,
at which point we will have to work something out, however, I do not believe we are responsible
to do this as per our contract. The Board may choose whether or not to accept it.
Mr. Ziko asked can you stall them long enough in the process that they will not walk off
the job if we do not pay them what they are asking for?
Mr. Cox responded I would be surprised if they walked off the job over a conflict of 4%.
10
October 28. 2005
1611
Port of the Islands C,I.D,
Mr. Bissell stated they may have been able to make a profit if we made contracts for their
fuel several months ago.
Mr. Benson stated the other issue is the pvc pipe which all contractors are having
difficulty getting. It is a petroleum-based material. and factories. which produce it. were
damaged in some of the hurricanes. therefore. prices increased. I am surprised we did not get a
request for an increase due to pipe costs increasing.
Did you receive a memo from me with regards to ERCs for commercial development?
Mr. Ziko responded no.
Mr. Benson stated these handouts are informational and no action is required today.
Severn Trent was contacted by the owner of the commercial property on Cays Drive, An
individual involved in the ownership contacted me and told me someone is interested in doing
something with the property. The details are speculative at this point.
Mr. Ziko asked what property are you referring to?
Mr. Benson responded the entrance at Cays Drive on both sides of the road is commercial
property and carries 20 utility ERCs. This was established initially. and there were ERCs on the
commercial property here, which were moved around.
Mr. Ziko asked do the 20 ERCs cover both properties?
Mr. Benson responded both sides together add up to 20; I believe it is one parcel.
Mr, Ziko stated it is two parcels,
Mr. Cox stated it is two parcels for assessment purposes.
Mr. Benson stated I believe it is voted in one deed. but it may have been 12 and 8 in the
past, and I cannot tell you which comer was 12 and which comer was 8. but it totaled to 20.
Again. there is discussion about what may be done on the property, and I am not sure this is
significant today, but my concern is the fact that we have a list of equivalent development for
ERCs which were set up when the property was first planned of how it was going to develop.
which was done when everyone was planning utilities and getting State and County approvals for
the original plan. We do not have all the potential items they may do on the property identified.
Collier County has in their ordinances a reference to a State standard which has guidance of how
to do this. Therefore. if the County was concerned about water and sewer. there are guidelines
on what should be done. I went through the types of uses which have been discussed currently
as well as in the past for commercial properties. and took what was in the State Statute. which is
11
October 28, 2005
1611
Port of the Islands C.LD.
Chapter 64E-6 covering County references. I went through the ones most likely used as opposed
to what we have been using equivalent to other items, and created an equivalency chart based on
gallons per day and we have our own gallons per day equivalent to various items which were
used, and on the second page I converted and rounded them off on the plus side. For instance, a
gas station is usually done per water closet, or per toilet, and if you do the conversions, it rounds
out to approximately one ERC per water closet.
Mr. Bissell asked if this is done for a mens' and ladies' restroom, does it total to two
ERCs?
Mr. Benson responded yes. If you add multiple toilets, as with a convenience store, you
have to multiply it by the number of toilets.
Mr. Goscicki asked are you adding up fixtures?
Mr. Benson responded yes. Shopping centers and office space are usually done per 100
square feet. If the shopping center has food, you add which portion the food may generate to the
square feet of the shopping center. There are also various types of food outlets and restaurants.
You currently use .2 ERCs per seat in the restaurants on your property if you calculate correctly.
A convenience store or food establishment will probably go on that property. However, it will
not be a full service restaurant as in a hotel. Therefore, it should be something less, of which
there are different factors to consider. We calculated on the higher side because there are more
choices. If you have a convenience store, you add the food portion and the gas station portion
together. We may want to discuss this issue before a developer comes in.
Mr. Lambert asked did you add more categories which we did not have before?
Mr. Benson responded that is correct. There are probably things they may ask for, and I
believe we should be proactive in making the equivalencies and conversions through our office,
and we can tell them how they read. They should be aware of how many ERCs they have,
otherwise they very likely will come in through the County process and do their own
calculations.
Mr. Cox stated I will make a couple of suggestions. This may be something we will have
to adopt through a formal rule-making process, in which we will have to notice and hold a public
hearing. You can try to identify the potential uses for ERCs now, and adopt a rule of those
specific equivalents. You can follow Collier County references to Chapter 64, which is the
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Board Administrative Code, along with sections describing the methodology, but it is not listed
out.
Mr. Benson stated it lists some items, but some interpretation has to be applied.
Mr. Cox stated in other words, you are adopting a methodology which will be applied to
possible uses, in order that you are not trying to guess what may be used on the property.
Mr. Lambert asked how does use of this methodology affect the existing categories, such
as the hotel or marina?
Mr. Cox responded there must be several manuals which use the same methodology in
order to corne up with answers.
Mr. Benson stated although this is a State chapter applying to septic tanks, Collier County
adopted it for both their utilities and water system in order to be able to have one reference as
opposed to having multiple references. We should use the same procedure as Collier County and
determine whether or not the numbers should be rounded up or down.
Mr. Ziko asked will the plans be sent to Collier County first and on to you for approval?
Mr. Benson responded we approve the utilities only, review the drawings for details of
the utilities and provide a letter of utility availability. The County has allowed us to keep this
under our equivalency by authorizing the amount of ERCs which are necessary based on how
many ERCs they already have.
Mr. Ziko stated if the County comes to you, you can possibly bring it to the Board before
it gets approved by the County.
Mr. Benson stated that is not exactly how it works. Usually, the developer will corne to
us since the County requires utility approvals, however, some items do not always get to us
through the County processes soon enough, but I do not think any ever totally slipped through,
but it just depends on the review process,
Mr. Goscicki stated for clarification, since you are the utility owner and operator, you
approve use of the facility. The County approves the utility connection and ensures there is
enough capacity in the utility system on the water and wastewater side to serve the proposed
development. They are going to look for a sign-off by the utility owner/operator stating they
have sufficient capacity, whether it is for Port of the Islands, an independent utility or another
municipality. Commercial development always gets a little contentious because each service
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station or restaurant is slightly different. Warehouse office complexes and their use become
more contentious. Fortunately, we are not currently dealing with this development here.
Mr. Ziko stated it appears these two properties have many ERCs, which makes it possible
for them to erect a building in order to use them completely.
Mr. Cox stated it is possible, as part of their process, to do some mixed use commercial
development with a couple of residential units, however, I am not going to try to determine
whether or not they have enough or too many ERCs at this point.
Ms. Dillon stated I would like to discuss with Mr. Gatti whether or not the CID can get
on a checklist to see building permits.
Mr. Cox stated when someone comes down for development approval, you have to
provide Concurrency Certificates, which is a requirement of the Growth Management Act stating
before development is approved you have to show that the basic essential facilities are there to
support development. Therefore, the developer comes to us for a capacity letter, which is
essentially authorizing the fact that we have water and sewer capacity to support development.
This is not required for roads because the transportation network taken into consideration is U.S.
41. The internal subdivision roads are not taken into consideration because they are not public
facilities per this requirement. We are not a regulatory body. We are here to operate and
maintain these facilities, and we do not have a place in the building permit process because the
commitment to capacity to the subdivision was already made.
Mr. Lambert asked can we refuse to approve someone if they are commg m with
something above and beyond what has been allocated to the property?
Mr. Cox responded we are only obligated to approve the capacity we have, which is why
the County requires that letter early in the process, and do not approve 500 units on something
with only 150 units of capacity. We do not have a legitimate interest in the building permits as a
District.
Ms. Dillon stated we were just trying to find a way to get the opportunity to look at plans
before they are approved through Collier County.
Mr. Bissell stated I spoke to Mr. Joe Schmitt from Collier County, He told me in the
development he is acquainted with plans always have to be written off by the Boards before the
County will approve them.
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Mr. Benson stated Collier County always did this internally with their staff for our
property. The developer is told by the County where to make the cut. They never came to us.
Mr. Bissell stated Mr. Schmitt informed his department heads to do this" however, I am
not sure if it is actually done.
Mr. Benson stated the only thing they ever asked us about is utilities, which we can hold
back approval on as we did once for this hotel. We told the prior owner of the hotel we would
not give them a letter of utility availability for everything which the County approved them to
build. We went on record and wrote a letter stating how much utility availability they were
allowed based on our utility ERC formula in relation to this hotel. The change had to do with
their restaurant. We told them how many seats we were applying to our books, They had 80
seats and wanted to expand to 200, but the utility availability limit is 140 according to our
records. We wrote this in a letter in order that the County went through their process from that
point further, and would not let them build anything which they did not have utilities for. I was
called by a representative of the property owner asking questions about their amount of ERCs. I
told this representative it has not been identified yet, and we would have to go to this Board with
their request unless the Board was to adopt something prior to the request.
Mr. Ziko asked can you refer them to Chapter 64E.6, which is what we are using to
obtain information?
Mr. Benson responded I can only do this ifthe Board adopts it.
Mr. Goscicki stated the burden should be on the petitioner to demonstrate to the Board a
development proposal based on the Board's authorization of 20 ERCs' capacity to be reviewed
by Mr. Benson who will review the proposal in relationship to negotiations with the petitioner as
to whether or not they are meeting those standards,
Mr. Benson stated I wrote this memo for the Board's information. If you were to ask me
what the equivalency is, this memo serves as my answer to you. If someone makes a request not
based on the Board's recommendation, we do not want to have a potential conflict.
Mr, Lambert asked where do you stand on this Mr. Cox?
Mr. Cox responded you basically have two choices. One is for the Board to adopt either
a methodology or table of equivalencies, whichever one you choose. The second one is to
handle each situation on a case by case basis, The advantage of adopting a rule is that you set a
precedent which establishes guidelines, which if not met are rejected. If they meet the
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guidelines, they are approved. It is certainly a situation where you know the answer before the
question is asked. The second option gives you some flexibility, however, the increased burden
is that your decision must be based on competent and substantial evidence. If someone makes
their presentation based on scientific analysis behind their conclusions as to how many ERCs are
necessary, Mr. Benson will have to produce an analysis which comes up with a different number.
Therefore, you are surrounded by competing experts who create a fairly debatable situation.
Mr. Lambert stated having this spelled out ahead of time makes this situation more
straightforward. It is not our business what type of bar they may put there. It is the County's
business. Weare not in here to be on patrol.
Ms, Dillon stated it does give us advance notice, and I am not sure someone will want to
build something ifthey found out the entire community was opposed to it.
Mr. Lambert stated we should not become involved with everyone's business; I believe
we should take care of our own business.
Mr. Cox stated I got the information on the HOA. Do you want us to advertise for the
Board to adopt a rule? Do you want it to be a methodology such as Chapter 64 or some other
methodology which Mr. Benson may find more appropriate?
Mr. Benson responded I told the individual who was asking I felt it was appropriate to
follow this procedure since Collier County has it in their land development code, unless the
Board decides to adopt a different methodology.
Mr. Goscicki asked is this procedure following a methodology rather than a proscribed
table?
Mr. Benson responded yes.
Mr. Lambert asked can you go back at a later date to amend something like this if
accepted?
Mr. Goscicki responded it can always be amended, however, commercial development,
capacity fees and capacity allocation is always a contentious issue when you deal with larger city
and county governments from my utility management history. This becomes not only a
negotiated issue, but a litigious issue where developers will file a claim against the utility entity.
They will build the facilities, and bring back the true data to the utility.
Mr. Ziko stated the developer along with our interpretations have the same goal.
Therefore, we are better off.
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Mr, Goscicki stated it is a good process, whereby a methodology is set up in which they
present, sit down with Mr. Benson and work out an agreed-upon methodology of what the
capacity is.
Mr. Benson stated my concern today is that when this party gives me a submittal and asks
me to review it as part of the process for Collier County, the Board does not have a policy to
follow. I can use my judgment and suggest we follow the County's procedure, However, you
can either adopt the County's policy of using Chapter 64 or adopt some other equivalencies
based on information I submitted to you.
Mr. Ziko asked is Chapter 64 standard here or is there another State standard?
Mr. Benson responded Chapter 64 is the State standard.
Mr. Ziko stated it would be fair to everyone if we adopt Chapter 64,
Mr. Goscicki stated Collier County is using it. Therefore, it has some local consistency.
Mr. Lambert asked do we still have to hold a public hearing in order to go adopt this?
Mr. Cox stated we will advertise it for the next meeting and have a rule ready.
On MOTION by Mr. Ziko seconded by Ms. Dillon with all in favor
staff authorized Mr. Cox to prepare and advertise a resolution setting
rules for utility capacity rates to be voted on at a public hearing to be
held on Friday, November 18, 2005 at 10:00 a,m. in the Egret
Room, 25000 Tamiami Trail, Naples, Florida.
Mr. Benson stated I was approached by the engineer representing a contract purchaser for
the property owned by Ms. Marchand on the north, and our firm was hired. My partners are
starting the zoning and land use process with Collier County. They would like to make a
presentation to the Board on how they intend to develop this property, which relates to us since
they are going to be tying into our road system and utilities. I do not believe we will have any
contentious issues with regards to having enough utility ERCs since they are going to use
potentially less than what they actually have rights to, however, there are issues I believe this
Board needs to be aware of, and one is the fact that the north road going to the water and
wastewater plant, which provides access to that area of the property, was not paved. Mr. Bissell
asked us to put that on our list of projects to do in the future, which was discussed to basically
have a unified road system. They may want the road paved, among other issues.
Ms. Dillon stated it is a good idea for them to make a presentation,
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Mr. Benson stated I gave them an option to make the presentation at the next meeting,
however, they may not be ready.
Mr. Lambert stated we should give them a timeframe of a half-hour, which should be
reasonable to present what they are going to do.
Mr. Benson stated I am not sure if they can use that as part of the Collier County process.
Mr. Cox stated the County requires the neighborhood's approval. They are not doing this
gratuitously.
Mr. Goscicki stated they still have to meet their advertising requirements. We can add
this item to our agenda, but I assume Collier County requires notice to adjacent property owners
within a certain radius. We want to make it clear this Board's action does not forgive any of
their requirements.
Mr. Bissell asked have other contractor had to do this?
Mr. Cox responded other contractors did not have to go through land use changes. We
have to do a rezoning in order to get the property configured properly and get maximum use of
it. This property on the north side has a straight line across one-third of the property and it
limited some of the upland areas for zoned conservation which should not be the case. You must
hold a neighborhood meeting when rezoning is taking place.
Mr. Benson stated other properties may have gone through similar processes when the
County did not have this requirement.
Mr. Cox stated it is a new requirement adopted approximately two years ago.
Mr. Goscicki stated since the Board is willing to listen to their presentation, I will ask Mr.
Benson to let me know if they can meet at the November or December meeting.
Mr. Lambert stated we are not under any obligation to advertise our meeting anymore
than they ever do. It is their responsibility to ensure everyone in the neighborhood and
surrounding area is aware of this.
Mr. Goscicki stated if they are required to hold a public meeting, they are then required to
allow public input. I have been to these meetings within my own community, and they can
become long and drawn out. I suggest making their presentation the last item on your agenda,
and after you adjourn your meeting, they can open their meeting to the public, since they are
required to keep some records and report back to the regulatory agency.
Mr. Lambert asked will you ensure they understand this?
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Mr, Goscicki responded yes,
Mr, Benson stated there was discussion at the last meeting regarding the stormwater
management system in the Cays Subdivision. I sent some infonnation via email this month, and
I spoke to Board members individually when they had questions. Back in the earlyl990s, there
was a plat in that subdivision which was part of the County process establishing the lots in the
Cays, Lots 42 and 90 were discussed at the last Board meeting. I reported the owners of Lot 90
were in the process of doing construction and filled the drainage swales with dirt. The Board
directed Mr. Cox to send a letter of notice to the owners to remove the dirt from the swales and
also ensure they were not encroaching on the easement. The owner of Lot 42 had his house
under construction and was building a pool. There was concern by some neighbors and people
in the community that he was building his pool in the wrong location, The owner contacted me
and asked about the swale, We told him we needed to see the survey identifying where the pool
was going to be built in comparison to the property. We assumed his survey was accurate and
identified whether or not it was in our swale. When I received the information for Lot 42 the
survey identified the proposed pool, and the documents clearly state he was not building in the
easement. However, the Board's concern is the location of the swale in comparison to the
easement. We discussed the fact that the swales were put in when the lots were vacant. The
easement is a ditch approximately I Y2' deep and 12' wide. Since I 'l'2' is not deep, wind and rain
eroded the area and the swale may not be in its original location. Every time someone built a
home, either Collier County or the CID would tell them to move the swale back, People started
to build farther back on their lot with pools and other structures. The previous Board actually
forced one person who built too far to take on the maintenance responsibility of their swale. The
problem we have on some lots is the fact that you can build the swale to the typical section
identified, however, you will not be able to build the typical section of the swale on other lots
because the easement does not have enough suitable property which is defined as additional
property in the back beyond the swale. We need to find out where their property is set to by
looking at the plat which defines their lot by a mean-high water line, which is a legal issue with
the surveyors, the County and State, This surveyor wanted to ensure everything was up to
standards, as well as to ensure the line is identified in perpetuity. They surveyed a line onto dry
land, which will not move, put in the monuments and approved it. This line defines the location
of the comer of the property where the mean-high water line is located and can move later. The
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second page of the handout is a blow-up of the first page of Lot 42, There is a bold line at the
bottom, which is their property line, and after that is a straight line surveyed for different types of
monuments. For instance, on one corner of this property, the line is 14' back from where they
own to, and they own 12' on their side beyond the line. From the bold line, which is their
property line, there is an easement for the first 20' at the back of the lot. You come from this
line back 20', where a swale is allowed in the easement, which is a drainage easement. I am not
sure ifthere is enough physical property to put a typical section in, which is 12' wide and 1 12'
deep. We probably have swales out there which are potentially not in our easement. Residents
may not be concerned since the swale is approximately 1 Y2' deep at the deepest point. It is
located in the backyard where it is lower in one area. Most residents want to build a pool as far
back as possible since the County setback is the same distance as our easement. The County will
approve it up to the same 20' from the back of the property. The County will give them a
building pennit to install the pool, and even though it is not technically in our easement, it may
be located where a swale has been sitting for 10 years.
Mr. Goscicki stated for clarification, I understand what you are saying is even though the
District clearly has a 20' easement respected in these developments, the history of swale
development mayor may not actually stand outside the District, and as these developments come
into existence now with homes being developed and built, we may encounter some situations
where a swale extends outside your easement, and has a neck down because this person has the
legal right to build.
Mr. Lambert stated if someone builds in an area which is perfectly legal, he can possibly
cause himself and his neighbors a drainage problem.
Mr. Goscicki stated although he is within his rights to develop on his property by staying
outside our easement, the District will possibly be faced with an issue which may need to be
addressed in the in future. The idea may be to put these residents on notice that due to the nature
of the development over the last 10 to 20 years, there may be situations where their swale has
extended outside the easement.
Mr. Lambert asked what can the Board do at this point in time?
Mr. Benson responded we discussed these swales in the past since the ern is responsible
for their maintenance. However, we really have not done much to maintain them. If there was
some obvious erosion, you may throw some dirt over it in order to keep it from becoming an
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Port of the Islands C.LD.
eyesore or problem, however, people are developing these lots, and some areas will be narrower
than others, requiring some maintenance. There are also rumors going around with people
saying that homes are not being built in the right place or the property line was moved, which is
affecting our swale. Mr. Cox, Mr. Goscicki and I discussed that we do not feel a person can be
told they cannot build on property you do not encumber or have a responsibility for. Basically,
you do not have a legal right beyond a certain point, however, the plat documents approved by
Collier County which established these lots and the surveys match. I showed these documents to
a licensed surveyor who agreed they are the same property lines.
Mr. Lambert asked is there anything subjective about the mean high water line when a
surveyor goes out there?
Mr. Benson responded at this point, the mean high water line has nothing to do with the
establishment of these lots, They were established by the area where the mean high water line
was agreed to in 1990, which is why they put this other survey line and measured the lot
boundary from in order that this is not argued about ever again.
Mr. Lambert asked can we determine the location of the back lot line by measuring from
front to back?
Mr. Benson responded yes, and it is a reference line which the surveyor refers to. The
line on Page 2 depicts some type of monument at these comers. The surveyor can reestablish
these by measurements from everything else out here, therefore, his property line is
approximately 14' to that point.
Mr. Lambert asked can all of this be different today than when this was established?
Mr. Benson responded if the sun moved the rip raft, you cannot move the mean high
water line further out because it does not affect his property anymore.
Mr. Lambert stated what approach would you recommend to the Board?
Mr, Cox responded this goes back to a lengthy discussion we had a couple of years ago
over the course of three or four meetings with regards to the maintenance of the drainage swales
and what service level should be set, which does not entail responding to issues as they come up
or routine maintenance. The decisions which come into this are how intrusive you want to be on
these properties. If you are going to restore all of this back to the original configurations by
getting all the drainage swales inside your easements, you are going to be digging up everyone's
backyard.
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Mr. Goscicki stated I recommend you deal with this on a case by case basis. If a property
comes up where the swale has migrated and is impinging on this property, which causes you to
have to go back four lots and restructure the swale, we can take it up on that basis.
Mr. Benson stated you should not be surprised when someone builds a pool seemingly in
your swale. We must require the owner to have it surveyed, ensure it is being built correctly, and
rely on the professionals to obtain the County permits. We do not give them an approval.
Mr. Lambert stated no individual Board member should give their opinion either. We
should reference all this through you.
Mr. Goscicki stated the point for the Board and the community is if they see the District
modifying the swale, it is not because they are accommodating the homeowner to bring the swale
back to its' original location. Dr. Benson's message that there is perception within the
community that the Board is extending a benefit to a particular property is quite the opposite.
Mr. Benson responded I told this person to rely on his professionals who are dong this for
you. However, and this is my opinion, he is responsible if something is built in the wrong
location.
Mr. Goscicki stated the Board's review does not forgive the developer's responsibility.
Mr. Ziko asked is the recorded high water line from 10 years ago located in the area on
Lot 42 where it shows 14'? Does our swale start 14' from the high water line?
Mr. Goscicki responded it starts from the high water line at 20'.
Mr. Benson stated it is 20' from the high water line back into the property. They call this
particular line the survey witness line, which mayor may not be at the top of the rip raft, but
generally is.
Mr. Ziko stated the effective use of our swale is down to 8'.
Mr. Benson stated it can be down to 6' in that area on one side of the property.
Mr. Ziko stated if something happens on the property, the owner cannot come back and
claim the swale was incapable of holding the water because it was built into the swale, therefore,
this is the owner's problem, not ours.
Mr. Lambert stated they did not build into the swale.
Mr. Ziko stated they did not build into our determined easement of the swale, but they
have cut down the flow of water by building to the extent of their property.
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Mr. Benson stated the property owner who made the mistake and built too far back asked
me for a remedy. I told him he is responsible and should come up with a remedy and I will tell
the Board if I believe it is appropriate. They proposed to modify the swale from a shallow 'v',
which is 12' wide and I Yl' deep, to deeper to the same bottom, but wider and rectangular in
shape instead of a flat triangle. We looked at this and told him this will hold as much water
volumetric ally per foot, and it will also pass water from one lot to the other from a drainage point
of view because it is supposed to flow gradually after a storm to an outfall structure and carry the
same amount of water. When we are faced with this in the future, we need to do something like
this, but not as extreme. We may have to do something where instead of it being 1 Yl' deep with
a four to one slope, which gets you back 6' on each side, to a three to one or two to one slope.
We will have to make it steeper to stay within our property,
Mr. Ziko asked who is responsible for this?
Mr. Benson responded the District is responsible for the maintenance of these drainage
structures.
Mr. Goscicki stated you then increase your maintenance costs since you can no longer
run a mower across the area on a four to one slope.
Mr. Benson stated the homeowner can mow,
Mr. Goscicki stated the homeowner will not be able to mow either if there are vertical
slopes.
Mr, Ziko stated it was his determination to move his property back to where it was.
Mr. Goscicki stated you are dealing with two different situations, In the first situation it
was the homeowner's fault where they infringed on the easement, making it their responsibility.
The second situation is where this is all the property they own and the property owner has done
nothing outside of their property, in which case it is the District's responsibility.
Mr. Benson stated I believe you only have so much physical property for drainage
purposes, and you must determine how to make the best use of it. You cannot force the property
owner to put the swale into the property which has no easement. If he chooses to do this, he may
rather it be a gentle slope going back in his property. If he cannot, then we are responsible,
however, I believe we have the right to have the ditch be whatever we need it to be as long as it
is in the easement.
Mr. Lambert stated they may not like what we do.
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Mr, Benson stated since they used their property to the maximum, we must use what is
left for our purpose.
Mr. Lambert stated I believe we should proceed on a case by case basis as we have done
in the past.
e, Manager
Mr. Goscicki stated Mr. Dick will update you on hurricane activities and what has been
done over the last couple of days in terms of recovery.
Mr. Dick stated we prepared the best we could in obtaining diesel fuel and chemical
deliveries in advance of the storm, knowing these items would probably be difficult to get after
the storm. We came back on Monday after the hurricane passed at approximately 3:00. I drove
down and assessed the situation since I could not reach Mr. Stephens on my phone, The plant
was running on generators since there was no utility power anywhere. We had plant power, but
no power to the well field or the water collection system. We determined at that point to leave
the water plant off since we were depleting our storage to almost empty. We put our plan into
action to bring down portable generators. I spoke to the Collier County Sheriff on Monday
evening, and he felt the efforts for restoration were more towards 29 in Everglades City. We did
not believe we would have power back for several days. On Tuesday we brought two portable
generators down here, the plan being we would use one for the collection system and one for the
well field. We had emergency power at both plants. We ran into some electric pipe repair
people and they were working to get power back to the plant, however, even if they were
successful, they were not prepared to give power back to the well field, therefore, we still had
our issues both over here on the collection system and the well field. We installed one portable
generator out in the well field allowing water into the plant, which would mean we were going to
pressurize the distribution system, In fact, I ran into Mr. Lambert there. We brought the other
generator over here and started pumping down the wastewater lift station, knowing that once
water was restored the sewage would be flowing and without pumps we would be spilling, so to
prevent spills we used the other generator to pump down the collection system. At some point
after that, utility power was restored on this side of the road, which enabled us to not have to use
the generator. The five lift stations were put back into normal operation. We were still using
generators on the other side of the road for the next I Yz days, both in the well field and at the
plant. We have since gotten utility power restored everywhere, so we are back to a somewhat
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normal operation, We did incur some damage during our assessment. We tried to evaluate each
piece of equipment critical to the operation. I have a list here in which Mr, Gosciciki gave an
estimate for repairs. Some are as simple as broken lights or other small things which were blown
around. Some are as major as electrical starters which turn pumps on and off, which may have
been damaged by the fluctuation in power. We know they do not work today, and I cannot say
whether or not these power fluctuations were caused by the hurricane, but it is very possible.
There is approximately $5,000 worth of estimated repairs we believe are critical to the operation.
Although we are running today, if the high service pump fails on some of these components, the
next one is not going to run. We have these repairs itemized for the Board's authorization. We
also should consider putting the electrical supply underground to the well field in order to
eliminate these potential problems at some point.
Ms. Dillon asked is any of this covered by our insurance?
Mr. Cox responded anything not covered by insurance should be reimbursable by FEMA.
Ms. Dillon stated I personally think we should authorize these expenditures now and wait
for reimbursement.
Mr. Dick stated most of these are reliability issues. Again, we are running water and
wastewater, and if a piece of equipment fails, its backup may not be operational.
Mr, Lambert stated we will have our generator back on the wellhead area within 60 days,
and I believe we have money budgeted for these types of repairs.
Mr. Goscicki stated there are sufficient funds in your renewal and replacement budget.
Weare looking for Board authorization to undertake these emergency actions as well as
authorizing myself as the General Manager to handle these types of emergency situations.
On MOTION by Ms. Dillon seconded by Mr. Bissell with all in
favor staff authorized Mr. Edward Goscicki to act as General
Manager and undertake all emergency situations within the Port of
the Islands Community Improvement District.
Mr. Ziko asked will you apply to FEMA as well as our insurance company?
Mr. Goscicki responded absolutely. We keep detailed records through work orders, and
photographic documentation of the damage. We unfortunately learned last year how to deal with
FEMA effectively with regards to our other operations.
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Mr. Dick stated another storm-related issue is the fact that we are still on a boil water
notice. I have to confirm with Mr. Stephens that we received acceptable bacteriological test
results. Since this has not done been done yet, I do not know ifthe tests are acceptable,
Mr. Lambert asked is it possible to add to the bill underneath usage a notice that any time
the water pressure drops, you need to boil water?
Mr. Dick responded we do not believe the water is unsafe; it is a precautionary measure.
When the pressure goes to zero, as it did in this case, there is a possibility that if there is a slight
leak in the underground pipe, groundwater can potentially get into the pipe, at which point there
can be bacteria in that water, We then flush the lines until good and treated water starts to flow
again. However, the State requires us to test the water for two consecutive days, and once
positive results come back from the laboratory, we can rescind the boil water alert.
Ms, Dillon asked what timing is involved?
Mr. Dick responded I am going to make those phone calls today until I get a response
from the lab and I hope to be able to tell you we are rescinding the alert today. However, for the
time being, we ask you not to consume the water. You can shower with it, use your toilets and
cook with it. If you boil the water for two minutes and cool it, you can drink it. You should not
make ice cubes with it, unless you boil it and put it in your ice trays.
Mr. Lambert asked do you have anything else to report?
Mr. Dick responded we have a proposal to replace the doors and the windows.
Mr. Ziko asked is this at the water plant?
Mr. Dick responded it is for all doors and windows at the water plant, including an
entrance door to the wastewater plant, along with all windows and double doors at the water
plant.
Mr. Benson stated this has been on the engineering report for approximately five years.
Mr. Dick stated we brought in five contractors, and this is the only one who submitted a
proposal.
Mr. Lambert asked how much is it?
Mr. Goscicki responded $12,240 plus tax.
Mr. Dick stated I expected the price to be higher.
Ms. Dillon asked is this hurricane glass?
Mr. Dick responded no.
26
1611
October 28, 2005
Port ofthe Islands C.LD.
Mr. Lambert asked if we ever change out our water system, will this building still be used
for the same things which it is currently being used for?
Mr. Benson responded yes. For example, the building was used differently before it
became the original water plant, and some rooms which were for process use are now for
storage.
Mr. Lambert stated this is not something we are going to ever tear down; we have a need
and use for it.
On MOTION by Mr. Ziko seconded by Ms. Dillon with all in favor
the proposal from Access Door & Glass for replacement of doors
and windows at the water and wastewater plant in the amount of
$12,240 plus tax was approved.
Mr. Goscicki stated the only other item I have on the agenda for the Board's approval is
the meeting schedule for this fiscal year, which keeps to the Board's schedule of the fourth
Friday of the month with the exception of November and December due to the holidays, as
discussed at the prior Board meeting.
Ms. Dillon moved to approve the meeting schedule for Fiscal Year
2006 and Mr. Ziko seconded the motion.
Ms. Dillon stated I want to verify they have spoken to the hotel and reserved the room for
those days.
Mr. Goscicki responded yes,
Mr. Perry stated I am the new General Manager and started on Monday. If you will be so
kind as to give me a couple of days to check the schedule, I will get back to you,
Mr. Goscicki stated absolutely. We will confirm this at the next meeting.
Mr, Perry asked do they occur on the fourth Friday of every month?
Mr. Goscicki responded yes, except for November and December where it is on the third
Friday.
On VOICE vote with all in favor the previous motion was approved.
D. Field Manager
27
1611
October 28, 2005
Port of the Islands C.I.D.
There being no report, the next item followed.
FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience
Comments
Ms. Dillon asked how many full-time employees do we have?
Mr. Dick responded Mr, Stephens is our only full-time employee.
Ms. Dillon asked how many part-time employees do we have?
Mr. Dick responded we have one part-time employee.
Mr. Goscicki stated we had a resignation recently,
Ms. Dillon asked are we still in the process of hiring new employees?
Mr. Dick responded we are advertising quite often in many journals and newspapers.
However, we are having a difficult time finding another licensed operator, and in fact, we really
need a double licensed operator.
Mr. Bissell asked will Mr. Perry take the job full-time?
Mr. Dick responded he is the part-time employee. As a matter of fact, he already told
Mr. Stephens he will work through the end of the year and does not want to work part-time any
longer.
Mr. Bissell asked is he currently part-time, but will not go full time?
Mr. Dick responded no, he has another full-time job in Bonita Springs.
Ms. Dillon asked is it possible to have the meeting date put on our paycheck, in the
details, in order for us to know what meeting it is for?
Mr. Goscicki responded I will check on this.
Ms. Dillon asked what is the status of landscaping quotes?
Mr. Dick responded we are in the process of putting together an RFP, along with maps
which clearly outline the areas of responsibility. I met with Big Cypress Landscaping and they
are interested in continuing with us or re-bidding the contract., however, there will not be a lapse
in service as they will work on a monthly basis until this is settled.
Mr. Ziko asked when can we expect the account to be up-to-date?
Mr. Goscicki responded it will probably take 30 to 60 days before the system is up to date
and self-balancing.
Mr. Ziko asked will we see something by the end of the year?
Mr. Goscicki responded absolutely.
Mr. Ziko stated I notice the same problems are recurring in balancing this out.
28
October 28, 2005
1611
Port ofthe Islands C.I.D.
Mr. Goscicki stated the system is not currently self-balancing; we are doing it manually,
which is why you are still seeing some errors.
Mr. Ziko stated it is most important to receive a better check register than what we are
getting now,
Mr. Goscicki stated I would rather wait the 30 to 60 days before I make any further
promises, however, if the Board has any questions we can pull up the detail and send it to you.
Mr. Ziko stated in looking at this agenda, I know it is the next item for approval. It seems
as though September 30th is a date where everyone gets caught up. I notice some large bills
which do not normally recur. For example, Mr. Benson's company has $47,000 which we paid
for the month of September,
Mr. Goscicki stated September 30th marks the end of the fiscal year, and we may have
had outstanding invoices which we want to get booked into this year's numbers.
Mr. Ziko stated having a referral to detail on the check register would help us out.
Ms. Dillon asked what does the invoice from Bob Dean Supply for $4,500 refer to?
Mr. Benson responded that is probably some of the equipment purchased for the reuse
system.
Mr. Ziko asked do you know what USA Blue Book is?
Mr. Benson responded that is for some equipment for the reuse system. USA Blue Book
is basically a supplier who sells equipment for all types of manufacturers use.
Mr. Ziko asked what is the invoice for Florida Municipal Insurance for $6,000 for?
Mr. Goscicki responded that is your liability insurance through the League of Cities.
Ms. Dillon asked is that overall coverage?
Mr. Goscicki responded I believe it is overall coverage including liability and property.
Mr. Ziko stated when this is all squared away we will have a better understanding.
Mr. Goscicki stated we are looking for a better way to provide backup to some of these
details for Boards who want a certain level of detail without creating xerox copies of everything,
Mr. Ziko stated the March or April 2005 check register was perfectly acceptable to the
Board.
Mr. Goscicki stated I will do that.
Mr. Kelmack stated I emailed plans to Mr. Benson, and I wanted to check if that was
sufficient and ensure I was not in the easement.
29
1611
October 28, 2005
Port ofthe Islands C.LD.
Mr. Benson asked what is your Lot number?
Mr, Kelmack responded Lot 90.
Mr. Benson stated we discussed Lot 90 earlier in the meeting. I determined you were not
in the easement.
Mr. Ziko stated this was not approved by the Board. The garage is still detached, which
is against the Port of the Islands Covenants, therefore, I will put a personal injunction in to have
this stopped.
Mr. Lambert stated if you want to discuss this issue after this meeting, that is fine,
however, we decided the cm is not going to get injunctions. If the HOA or an individual wants
to get involved that is fine, but this meeting is not the place for it.
Mr. Benson stated I was going to stop over after this meeting to verify you cleared the
dirt out of the swale, which you told me you did.
Mr. Kelmack stated no, I told you on the format of the construction of the house, we put
the swale back where the County required it to be.
Mr. Benson asked has the dirt been removed from the swale?
Mr. Kelmack responded I did not put any dirt in the swale to begin with. I removed the
sod off the lot.
Mr. Lambert stated he may not personally have done it, but over a period of time it was
filled in.
A resident stated with regards to the $300,000 Tower Grand on the median, I spoke with
the woman at the Alternative Transportation Department approximately three weeks ago and she
is in the process of depositioning funds from the FDOT, however, given the circumstances which
just occurred, the landscaping may come later than sooner, although I am not all that sure, but I
think Collier County will be very busy repairing what they already have in place versus initiating
a new project. I would like to take this opportunity to thank: the Shucart family for allowing the
hotel to be used as a polling precinct for the upcoming September 9, 2006 Primary and the
November 7, 2006 vote, primarily for the Governor. This will be for all POI residents only who
are registered voters. They have been extremely gracious and cooperative reflecting a congenial
and neighborly attitude. I personally thank them for their eagerness and kindness towards me.
Mr. Mack stated if anyone needs to replace roof tile, siding, screens or anything similar,
you must obtain a permit.
30
1611
October 28, 2005
Port of the Islands C,I.D.
A resident stated the hotel accommodated some of us during the storm and they were
extremely attentive to our needs,
SIXTH ORDER OF BUSINESS Approval of Financial Statements and
Check Register
Mr. Bissell stated the there is a variance on Page 3 of $59.86, as well as a variance of
$106.91 on Page 6, These figures were identical in the past. Why is there a difference this time
with regards to the split between water and sewer and general fund?
Mr. Goscicki responded I believe some of it may be the result of additional temporary
staff hired over the past year. However, I will check on this.
Mr. Bissell asked why is there a discrepancy with regards to the variance of $58,490 on
Page 4 of the special assessment under revenue?
Mr. Goscicki responded your actual revenue to date is less than what you budgeted for by
$58,000.
Mr. Lambert stated this is not what we projected to happen.
Mr. Bissell asked did everyone pay their special assessments?
Mr. Goscicki responded I cannot answer this question from looking at this, however, this
is not an audited year-end closing; it is a statement of what was collected to date and you are
$58,000 shy compared to what was budgeted.
Mr, Bissell asked do we have $3 million in excess revenues?
Mr. Goscicki responded yes.
Mr. Cox stated much of that was in conjunction with the lawsuits, which will be paid out
almost immediately.
Mr. Goscicki stated those excess revenues are available for whatever the Board chooses
to use it for.
Mr. Lambert stated you and Mr. Benson were going to get together and give us a cheat
sheet on which available funds were committed to projects. We are sorely in need of this
information,
Mr. Goscicki stated I hope to be able to do this in November. As you recall, I had
scheduling conflicts in both November and December, which I am trying to work around since I
want to be present for this discussion, I plan to bring to the Board, at either the November or
December meeting, this discussion. Mr, Cox, my Fiscal Manager and I had a productive
teleconference last week and discussed the funds. We ensured everyone was on board with the
31
October 28, 2005
1611
Port of the Islands C.I.D.
location of all funds and that they were appropriately allocated within our budgets, We are
comfortable with all of this and we are waiting on the auditors to come back and confirm. My
staff is currently going through current and projected revenues, growth, and as the Capital
Improvement Program and doing the match-up.
Mr. Lambert stated when we commit to these projects, I need to be able to see the
individual project go on a list in order to know what was spent.
Ms. Dillon stated it may not be paid out yet, but we authorized it.
Mr. Goscicki stated one of the new functions our new fiscal management system will
allow us to do is get into true fund accounting where we will be able to track accruals and
encumbrances. We currently do cash accounting. The new and fully functional system will be a
much better tool for me as well as the Board to be aware of all encumbered dollars on these
projects. The encumbrances currently do not show up.
On MOTION by Mr. Ziko seconded by Mr. Bissell with all in favor
the financial statements and check register were approved.
SEVENTH ORDER OF BUSINESS
There being no further business,
Adjournment
On MOTION by Mr. Bissell seconded by Ms. Dillon with all in
favor the meeting was adjourned.
--1 ~/~
C_. ~ll
Assistant Secretary
~~~~
Vice Chairman
32
1611
Port of the Islands
Community Improvement District
Agenda
Friday
October 28, 2005
10:00 a.m.
Egret Room
25000 Tamiami Trail
Naples, Florida
1. Roll Call
2. Approval of the Minutes of the August 26, August 30, and September 23, 2005 Meetings
3. Discussion Items
A. Mosquito Control Options
B. Open Items
4. Staff Reports
A. Attorney
B. Engineer
C. Manager - Meeting Schedule for Fiscal Year 2006
D. Field Manager
5. Supervisor's Requests and Audience Comments
6. Approval of Financial Statements and Check Register
7. Adjournment
1611
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
- - -- - --- -- - - - - --- - ------- - ----- --- --- - - - - - - - - - - - --+- - - - --- - -- ----------- -- - ---
PORT OF THE ISLANDS
210 N UNIVERSITY DR #802
CORAL SPRINGS FL 33071
REFERENCE: 010948
59123804
Notice of MeetingPor
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Co~orate Secretary of the Naples
Daily News, a da1ly newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertis1ng 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: 10/21
~ . .
: Nn'::l'M~'Ut
AD SPACE: 74.000 INCH
FILED ON: 10/21/05
---------------------------~--------------------+---------------------------
Signature of Affiant ~ - ~
Sworn to and Subscribed b~fore me this o</~ay of ('~)~~ 20~
Personally known by me ~~;{/f f?-u~7
"'~y"trif.., ..
:;t..(.~~~~,. Harnett Bushong
": ff;L :'~ ,lilY COMMISSION # DD134689 EXPIRES
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1611
iI PARKSONCORPORATION
...the environmental technology company
Quotation
Page 1 of 5
NUMBER:
TO:
340432 rev.1
Ron Benson
Hole Montes, INc.
950 Encore Way
Naples, Florida 3411 0
E-Mail: RonBenson@hmeng.com
DATE: October 18, 2005
REF.: Port of Islands WWTP
Parkson Corporation is pleased to provide this quotation for the following:
ITEM 1 ONE (1) HYCORe ROTOMESH UNITt MODEL RDS3648DV (Parkson reference #fenter
BaaN #J)
, '. '. \, ,.:' . .,.., :. I '. . ).'
1.A . Basis of Desian: (Influent Description)
Application:
Peak Flow:
Pre membrane screening
300 USgpm
1.B Eauipment Description:
1. Each unit shall be generally as shown on the attached drawing.
2. The Rotomesh is an intemally-fed rotary woven wire mesh screen.
3. The unit will consist of a screen assembly, base frame, distribution pan, splash guards,
hood, trunnion wheels, spray system, cylinder stabilizers, drain pan and positive drive
assembly.
4. Screen cylinder with 500 Micron openings and support structure.
5. Base frame with structural members, including headbox supports.
. 6. Medlow style headbox assembly with a 8n flanged inlet pipe arid weir length of 12".
7. Cylinder covers (splash guards and hoods), trunnion guards and chain guard.
8. Discharge End Enclosure - to mount over the end of the rotating screen (1I/(J16?itl1fl.61E c.Hilrn
9. Trunnion wheels fttted with greaseable bearings and mounted on shafts.
10. Internal and external spray systems with 3/4" NPT connection, each. Approximately 25
US gpm (total) at 40 psi are required. Higher pressures and temperatures may be
required depending on your specific application.
11. Cylinder stabilizing assemblies, including bracketing and greaseable guides.
12. Drive assembly consisting of a 0.5 HP single speed geannotor (230/460/3/60), drive and
driven sprockets, and drive chain. L' \
13. Safety interlock switching mounted on hood. (Ci..'f'-f1cJ.5IC'rJ #!3lbnW/r SU/I rc/l;$.v
~Unit-mounted E-Stop button.
/ ~~~ body solenoid valv~s (2 per unit).
SJ)tJ/;';v/!1.' 16.Azerospeedsens?r. (,G{J(2-.(4JSU9t1 ~~/!Jrr1N.r) . .
.5 r1tJ.4t- 517. NEMA 12 AutomatIc Chain Lube pump. Umt IS hard Wired to a11 0 v source by installing
contractor. The pump shall only be operational when the screen is running.
www.parkson.com
Wastewater Treatment Systems . Potable and Process WalerTreatment Systems. Biological Systems. Solids Handling Systems
FLORIDA ILLINOIS MICHIGAN CANADA BRAZIL
954.974.6610 847.816.3700 616.791.9100 514,636.4618 55.11.4195.5084
1611
iI PARKSON CORPORATION
.. .the environmental technology company
QUOTA nON NO.: Error! Reference source not found.
Page 2 of 5
18. NEMA 4X enclosure for Automatic Chain Oiler Pump. The pump will be housed in the
enclosure and mounted to the Rotomesh unit. Field connection of the tubing may be
required.
19. NEMA 4X rated stainless steel control panel that will be similar to the attached drawing.
(Note: the attached drawing shows a unit with 2 external sprays, however the proposed
screen will have only one) The control panel will include: starter, motor overload, H-O-A
switch for the screen, H-Q-A switch for the water sprays, repeat cycle timer for the spray
system, E-stop mounted on the screen and auxiliary contacts,
1.C Materials of Construction:
1. Screen Cylinder.
2. Base Frame and Headbox Support Stand:
. 3.'- Headboi(A~semQly:
4. Cylinder Covers: Trunnion Guards, Chain Guard:
,5. Drain pan
6. Trunnion Wheels:
7. Trunnion Wheel Shafts:
8. Spray Systems:
9. Spray Nozzles:
10. Cylinder Stabilizing Assembly:
11. Drive and Driven Sprockets:
12. Drive Chain:
13. Unit-Mounted E-Stop:
14. Auto Lube Pump in Enclosure
15. Control Panel
1.0 Spare Parts
The following spare parts will be provided:
(2) Trunnion wheels and bearing assemblies
(1) Replacement Chain
(2) Stabilizer Pads
ITEM 2 SERVICES
304. stainless steel wire mesh
304 stainless steel
304:stainless steal with:teX~Ii'weif':" I q.,
304 stainless steel
304 stainless steel
5- dia. UHMW polyethylene
304 stainless steel
304 stainless steel
303 stainless steel
304 stainless steel bracketing and
UHMW polyethylene guides
Carbon steel
Carbon steel
NEMA 4X Polycarbonate enclosure
NEMA 4X
NEMA 4x stainless steel
2.A Drawinas and Installation. Operation and Maintenance (I0&M) Manuals:
1. Approval Drawings: Four (4) prints included
2. Certified Drawings: Two (2) prints included
3. IO&M Manuals: Four (4) included
Additional manuals are available for $75 USD at time of order.
C:\Documents and Settings\knewcomb.PARK-DOM\My Documents\Rotomesh\Port of Islands
MBR\Port of Islands WWTP Quote-Revised.doc 2
"
1611
~I PARKSON CORPORATION
.. .the environmental technology company
QUOTATION NO.: Errorl Reference source not found.
Page 3 of 5
2.B Start-UP Assistance:
Parkson will furnish one factory representative for 1 day during 1 trip to assist in installation
inspection, start-up supervision, and operator training. Dates of service to be scheduled
upon Buyer's written request and coordinated with the MBR Installation.
2.C Mechanical Warranty:
See Section XVI on the attached Standard Conditions of Sale.
2.D Installation:
Parkson Corporation will be responsible for setting the screen in place, anchoring, and
start-up.. Electrical wiring and plumbing of the screen will be supplied by others.
'.' '.: . , .' '-''''1'''" .; -' \,,; ~\ I ~':..J.
. .
.; ~'.'\-"!',t ;'':~~-t:. ~~j
,,: J.' .......1.; .
." ,..,,-.:,'
PURCHASE PRICE:
All of the above for ..................................................................................... $25.000 USD
F.O.B. Point of Manufacture, freight allowed, taxes excluded.
VALIDITY:
Purchase Price is valid for thirty (30) calendar days from Quotation date, for shipment of
Equipment within the timetable stated below.
PAYMENT TERMS:
90% net 30, 10% upon startup, not to exceed 60 days after shipment
TIMETABLE GUIDELINE:
Within ten (10) business days of receiving a written Purchase Order in Parkson's office, if
necessary, Parkson will submit a written Request for Additional Information requesting items
including, but not limited to, full-scale drawings, specification sections, amendments and other
documents necessary for Parkson to begin work on this Project. No work can be done on this
Project until all Additional Information is received by Parkson, thus beginning the Submittal Phase.
If you do not receive such a Request for Additional Information within the stated ten (10) business
days, then the Submittal Phase will begin on the eleventh (11th) business day following receipt of
the written Purchase Order in Parkson's office. The Shipment Phase is thereafter contingent upon
your final approval of all submitted Approval Drawings. Once said final approval is received in
Parkson's offices, the Shipment Phase will begin.
C:\Documents and Settings\knewcomb.PARK-DOM\My Documents\Rotomesh\Port of Islands
MBR\Port of Islands WWTP Quote-Revised.doc 3
1611
iI PARKSON CORPORATION
.. .the environmental technology company
QUOTAnON NO.: Errorl Reference source not found.
Page 40f 5
Timing is critical to meet the delivery schedule and any delays in the process can delay the final
delivery by an equal or greater time.
Quote sent 9/23/05
Written order received 1 week - by 9/30/05
Submittal Phase: Approval drawings will be submitted two (2) weeks (10/14/05) from
receipt of all requested Additional Information if necessary, or if not
necessary, from the eleventh (11th) business day following receipt of a
written Purchase Order in Parkson's office.
Shipment Phase: Thirteen (13) weeks following receipt of final approval of all submitted
Approval Drawings in Park.son's office. Shipment will be scheduled for
January 20, 2006.
>!'oJ .; :;.,~ :~".,,~,,'It:.the Submittal Phase is waived, the 'Shipment Phase~will,b~9in-'o~tLfeceipt of all- requested
Additional Information if necessary, or if not necessary, on the eleventh (11th) business day
following receipt of a written Purchase Order in Park.son's offices.
Dates are subject to confirmation upon receipt of written Purchase Order.
TERMS AND CONDITIONS:
Parkson's Standard Conditions of Sale, as stated on the attached, shall apply.
Items That Need Consideration
t. Approximately 25 gpm are required at 40 psi to operate the showers. With controls
the showers may be able to run intermittently.
2. 'Consideration must be given as to where the solids coming off the screen will go to.
The solids will be wet which means there will be poonng in the dumpster. A
dewatering press can be added for additional cost.
3. It is recommended that the concrete pad, where the screen will be installed, has a 4"
curb around the screen and a centralized drain. The dTain should be piped to the
concrete pit upstream of the bar rack. Drainage of this area will provide a means of
good housekeeping.
4. If a bypass to the Rotomesh screen 'is incorporated, It must first pass through a fine
screen, with an opening no greater than 3mm, prior to the MBR.
C:\Documents and Settings\knewcomb.PARK-DOM\My Documents\Rotomesh\Port of Islands
MBR\Port of Islands WWfP Quote-Revised.doc 4
1611
iI PARKSONCORPORATION
... the environmental technology company
QUOTATION NO.: Errorl Reference source not found.
Page 5 of 5
BUYER I OWNER RESPONSIBILITY
. Anchor bolts.
. Shower water connection and solenoids and valves.
. Influent connection: Unit is provided with an inlet flange. Piping should be supported
independent of the unit.
. Solids receptacle. .
. Mounting the automatic chain lube pump which is shipped loose. Requires 110v power - to be
hard wired. Comes with 25' of tubing to connect to cover over chain drive to get oil to chain.
. Influent gate.
. Unloading, uncrating, Installation and installation supervision. Installation will, at minimum,
require a forklift and possibly a crane/hoist.
. Readiness of the Equipment before requesting start-up s'ervice. Non-readiness may incur
.' ,q, .",-, ~.: ~~~t;t6i~~~~t'urpWlE:~nt niateri~is of construction with proce~s '~nvi'ro~~~n't:"'~' .; ,; 1::'1'-: ';:' ": G;
. Electrical connection and interconnecting wiring (including any of the following: E-Stop button,
solenoid, motor, controls, interlock switches, control valves); wiring and conduit from each unit-
mounted electrical device to a terminal box or control panel.
. Interconnecting piping.
. Piping connections, platforms, gratings and railings unless stated otherwise.
. Any other auxiliary equipment or service not detailed above.
Issued By:
PARKSON CORPORATION
562 Bunker Court
Vernon Hills, IL 60061-1831
Accepted By: (Herein called the Buyer)
tlr-<Il-if. [1c1H (':",5' FtJ~ fC' I2r ,:~ ~ (H1f- /:j l..;1NfJj c,
r~d~ ~C:K
Name C~I F;CI/J2,1) f'Jo'i.(JI'Ii12.
Title: t'l/2-tc-Tllf2..- qP: fJft.dJlf:-e--T F!C1r
Date: I&/,it/e>s-
Enclosures: Standard Conditions of Sale, Quotation Addendum, General Arrangement Drawing I
Brochure
cc: Chuck Morgan - Parkson Corporation
Doug Wachter - Parkson Corporation
Kirk Newcomb - Parkson Corporation
Name: Dave Mitchell
Title: [Enter author title]
Date:
RDS Rotomesh 4-29-04 Supersedes 9-9-03
C:\Documents and Settings\knewcomb.PARK-DOM\My Documents\Rotomesh\Port of Islands
MBR\Port of Islands WWfP Quote-Revised.doc 5
1611
iI PARKSQN CORPORATION
...the environmental technology company
Quotation Addendum
As a result of dramatic cost increases in the cost of both stainless and carbon steel, please be advised
that the following provisions shall be strictly enforced pursuant to the Equipment advertised in this
Quotation:
1.
The Quotation's Purchase Price shall be firm for thirty (30) calendar days unless stated
otherwise in the Quotation. Any Purchase Order issued beyond this timeframe may result in a
Purchase Price review by Parkson Corporation whereby the Purchase Price may be increased
to cover the increases In material costs. This Purchase Price review shall be at Parkson
Corporation's sole discretion.
For those customers that have requested a firm Purchase Price commitment in excess of thirty
(30) calendar days, Parkson has utilized an escalation clause tied to an appropriate commodity
index to determihe'the purchaSe Pric9~/''':'' '. ~:>.., ,j"..' "'':'''''' ,'" ..,.":.\..J,,
All Purchase Orders that have a delivery schedule stretching beyond six (6) months from the
time a Purchase Order is placed will be subject to price escalation tied to a proportionate
increase in total material costs as a result of either stainless or carbon steel surcharges in effect
at the time Parkson Corporation places Its orders for any fabricated steel components for the
Equipment. Parkson Corporation will notify you of any changes in prices once all orders for said
components have been completed.
2.
3.
JCG
Effective 4127/04
Standard Conditions Of Sale
L GENERAL: AU references to Parkson (or any denvative thereoij shall mean Parkson Corporation and all references to Buyer herein shall mean the
customer named In a purchase order, quotation or proposal. All quotations from Parkson shall be considered solicitations of offers. All purchase orders
placed by Buyer shall be considered offers, which can only be accepted upon written notice thereof from Parkson. Buyer shall either sign Parkson's
quotation, or In the altematlve, Issue a purchase order containing necessary Information, such as site name, price schedule, type and quantity of product,
requested delivery date and delivery Instructions. Notwithstanding any terms or conditions that may be Included in Buyer's purchase order form or other
communications, Parkson's acceptance is conditional upon Buyer's assent to the terms and conditions set forth herein. It Is agreed that sales are made
only on the terms and cond"rtIons herein and any other terms or conditions shall not become a part of the agreement unless expressly agreed to in writing
by Parkson, Parkson's failure to object to any terms or condltlons contalned In Buyer's purchase order or other communication shall not be deemed to be
acceptance of such terms or conditions. The terms and conditlons set forth herein shall be deemed incorporated (as though set forth In full) into any
agreement entered Into between Parkson and Buyer unless othetwlse noted In writing. Parkson reserves the rlgh~ without any Increase In price, to modify
the design and speciflcatlons of Parkson products, provided that the modification does not adversely affect the original performance specifications as
specified by Parkson or as requested by Buyer, Shipments. dellverles and performance of work shan at all times be subject to the approval of Parkson's
Credit Department Parkson may at any tlme decline to make any shipment or delivery or perform any work except upon receipt of payment or security or
upon terms and conditions satisfactory to Paf1(son.
II. PRICES, TERNS OF PAYMENT & TAXES: (a) PRICES: Unless expressly stated to be firm for a definite period, offers are subject to change without
notice, and In all cases are subject to withdrawal at any time before acknowledgment by Buyer. Under no condition will a quotation from Parkson remain
In effect fOl' longer than sixty (60) days unless otherwise agreed to in writing by Parkson. If a price Is stated In the quotation, it is based upon shipment of
the quantities and quality requested by Buyer and on the basis of Parkson's Intemal delivery schedule at the time of preparation of said quotation. (b)
TERMS OF PAYMENT: Unless otherwise stated In a quotation, payments against Invoices shall be due and payable thirty (30) days from the date of
shlpmen~ regardless of the date upon which Buyer receives the invoice from Parkson. If in Paf1(son's opinion, Buye(s financial condlUon does not justify
continuation of production or shipment on the terms of payment specified, Parkson may, upon written notice to Buyer, cancel or suspend any outstanding
order or part thereof, unless Buyer shall promptly pay for all goods delivered 01' shall make advance payments to Parkson as II, at Its option, shall
determine, If Buyer delays shipment for any reason, date of readiness for shIpment shall be deemed to be the date of shipment for payment purposes. If
Buyer delays manufacture for any reason, a payment shall be made based on purchase price and percentage of completion, with the balance payable in
accordance with the terms as stated. If payments are not made In conformance with the terms stated herein, the contract price shall, without prejudIce to
1
1611
~I PARKSON CORPORATION
...theenvlronmental technology company
~ ::'l.~:~:i~;
Parkson's right to immediate payment, be increased by 1YJ% per month on the unpaid balance, nollo exceed the maximum amount permllled by law. If
at any time in Parkson's judgmentBuyer may be or may become unable or unwilling to meet the terms specilled herein, Parkson may require satisfactory
assurance or full or partial payment as a coodition to commencing, or conUnulng manufacture, or In advance of shipment (c) TAXES: Except for the
amount, If any, of tax slated In a Parkson quotatlon, the prices set forth therein are exclusive of any amount for federal, stale, local, excise, sales, use,
property, i"-country, Import, VAT or similar taxes or dulles, Such prices also exdude permit, license, customs and similar fees levied upon shipment of
Parkson products.
ilL SHIPMENT: The anticipated shipment date set forth in the Quotation Is approximate and subject to change. Notwithstanding other limitations set forth
by Par1<soo, Parkson shall not be liable for any delays In shipment which are caused by events beyond the control of Parkson Including, but not Ilrnllecl to,
delays caused by Inaccurate or Incomplete data fumished by Buyer, changes or revtslons in the work to be performed. tardy approval of shop drawings by
Buyer, acts of Buyer or Buye(s agent, accldents, strikes, Inability to obtain labor or materials, or delay in transportation. Parkson shall have the right to
extend the anticipated shipment date for up lo ten (10) calendar days, for any reason, provided Parkson shall give Buyer written notice of such delay at
least seven (7) days prior to the scheOJlecl shipping date. Equipment or parts will be crated for domestlc truck shipment at Parkson's expense; however,
Parkson assumes no responsibility for loss of, or damage to the equipment after delivery to the carrier, who shall be deemed to be acting as agent for
Buyer, and the EqJipment shalthereafter be at1he Buyer's sole risk. It Is Parkson's policy to ship Its equipment 'BIll Collect,' and the motor freight
company wi. mail their involce(s) directly to Buyers bIlling address, unless otherwise agreed In writing. If shipment of the products is delayed upon
request ct Buyer, or as a resull of any cooduct of Buyer or Buyer's agents, Parkson shall not be liable for damage to the products occurring during
storage. Buyer shall re1mburse Parkson upon demand by ParbOIl for any costs incurred by Parksoo In connection with said storage, Including steps
taken to protect the products from 1he elements. Any delay in shipment requested or caused by Buyer or Its agents will not affect the terms of payment as
., pro~ped herein. Buyer~shall be responsible for the paymentof,ooy additioQ.al cost'of!lhipping~19red.by,th~4elay. ~ ..
.,. .. '... ....
IV. TITLE & RISK OF LOSS: Parkson's prices are F.O,8. Factory unless otherwise explicitly noted in the quotation and are exclusive of taxes, shipping
and insurance. TiUe to all goods and risk of loss, deterioration or damage shall pass 10 Buyer upon tender to the carTier; except that a security Interest In
the products or any replacement shall remain In Partson's name, regardless ct mode of attachment to realty or o1her property, untll the full purchase price
has been fully paid in cash. Buyer agrees to do all acts necessary to perfect and maintain said security interest, and to protect Parl<son's interest by
adequately insuring the products against loss or damage from any external cause with Parkson named as insured or co-lnsured. Any clain by Buyer
against Parkson for shortage or damage occurring prior to delivery must be made In writing within ten (10) calendar days after receipt of shipment and
accompanied by an original transportatlOl'l bill signed by the carrier noting that carrier received goods from Parkson in the coodition claimed. Parkson
shall have the right to ship all goods ~ one time or in portions, witllin the time for shipping provided in such order, unless specifically requested In writing
by the Buyer that these shipments be made In total. Any shipments returned to Parkson as a resu~ of Buye(s unexcused delay or failure to accept
delivery will require Buyer to pay all additional costs incurred by Parkson. Additionally, once Buyer has been notified that its order is available for
sllipment, If Buyer requests that the products not be shipped until a later date, the products will be stored at the Buyer's risk and expense until permission
to ship to the jobsite is given by Buyer.
V. ERECTION: Unless othBlWise agreed in writing, products are assembled, installed and/or erected by and at the full expense of Buyer.
VI. CANCELlATION & BREACH: Buyer agrees that Par1<son products are specially manufactured goods that are not suitable for sale \0 others In the
ordinary course of business. Therefore, purchase orders placed with Parkson cannot be canceled without recourse, nor shipments of goods made up, or
In process, be deferred beyond the original shipment dates specified, except with Par1<son's written consent and upon terms which shall InderMify
Parkson against all loss. In the event of cancellation or the substantial breach of the agreement between Buyer and Par1<son, including without limitation,
failing to make payment when due, Buyer agrees that Parkson will suffer serious and substantial damage which will be difficult, if not Impossible, to
measure, both at the tlme of entering the agreement and as of the time of such cancellation or breach. Therefore, the partles agree that upon such
cancellation or breach, the Buyer shall pay to Par1<son the sums set forth below which Parkson and Buyer do hereby agree shall constitute agreed and
liquidated damages in such event
a. If cancellation or breach shall occur after the acceptance of 1he purchase order but prior to mailing of general arrangement drawings by
Parkson to Buyer, liquidated damages shall be 10% of the selling price.
b. If cancellation or breach shall occur within thirty (30) days from the mailing of general arrangement drawings by Parkson to Buyer, the
liquidated damages shall be 30% of the selling price.
c. If the cancellation or breach occurs after thirty (30) days from the mailing of general arrangement drawings by Parkson to Buyer, but prior
to notification that the order is ready for shipment, the liquidated damages shall be the total of 30% of the selling price plus \he expenses
Incurred, cost of material, and reasonable value of the wor1< expended to flll the respective order by Par1<soo's engineers and other
employees, agents and representatives after the mailing of general arrangement drawings by Parkson to Buyer, All sums will be
determined at the sole reasonable discretion of Parkson provided, however, that the totalllquldated damages under this provision shall
not exceed the total selling price,
d, If cancellation or breach shall occur after Parkson has notified Buyer that the order Is ready for shipment, then the liquidated damages
shall be the total selling price,
VII. DRAWINGS & SPECIFICATIONS: In the event that drawings are senl to Buyer for approval after an order is placed, the drawings must be returned
marked 'Approved' or 'Approved As Noted' within twenty (20) wor1<lng days after receipt unless othEllWise noted. In the event that Buyer's written
comments are not given within the twenty (20) day period, Parl<son shall deem the Items approved.
VllL CORRECTIVE WORK & "BACK CHARGES". In no event shall any work be done, or services or material be purchased or expense o1herwise
incurred by the Buyer for the account of Parkson until after full and complete particulars (induding an estimate of material cost) have been submitted In
writing and approved In writing by Parks on. Parkson must be given the opportunity to discuss and research alternative methods to lower the costs
2
1611
iI PARKSON CORPORATION
.. .the environmental technology company
Involved in such correcIive work. Unless agreed~pon In writing by Parkson, Parkson will not be liable for labor costs, overhead, administrative costs,
Interest or any other consequential cr Indirect cosls Buyer Incurs. Retumed Items will not be accepted unless Par1<son has previously agreed to such
return In writing and supplied wrltten retum-shlpplng instructions to Buyer.
IX. SELECTION OF MATERIALS: Because all Parkson products are specially manufactured products, the material make-up of many of Parkson's
products varies from project to project. The determination of the materials' suitability and adaptability (Including without limitation, painls and/or coatings)
to the specific needs of the Buyer Is solely the Buye(s choice and responsibility.
X. CONFIDENTIAL INFORMATION & IMPROVEMENTS: The design, constructlon, appHcatlon and operation of Parksoo's products and services
embody proprietary and confidential infonnation; therefore, Buyer will maintain this Informatfon In sb1ct confidence, will not disclose It to others and will
only use this infonnaUon in connection with the use of the products or to facilitate the provision of services sold by Parkson. Buyer will not copy or
reproduce any wrttten or printed materials cr drawings furnished to Buyer by Parkson. Buyer agrees to Immediately retum all confldential material to
Parkson if requested In wr1tIng by Parkson. Buyer will not copy the products or make any design drawings of the products and win not penn" others to
copy or make any design drawings of the products. Par1<son shall have a royalty-free license to make, use and sell, any changes or Improvements In the
products Invented or suggested by Buyer or its employees. Buyer acknowledges that a remedy at law for any breach or allempted breach of this Section
wlU result In a harm to Parkson for which monetary damages alone will not be adequate. Buyer covenants and agrees that neither It nor any of its affiliates
wi. oppose any demand for specific pertormance and injunctive and other equitable relief in case of any such breach or attempted breach.
Notwithstanding anything to the contrary herein, Pancson may seek enforcement of any breach of this Sectlan without the necessity of complying with the
provisions regarding resolution of diSputes herein. "
.. ." ..." '"i;,;:, XI. flEl9 'SERVlCS:~,fieIEtServlCEl1Iiduded In the quotation will only be scheduled upon wrlttl:ln Teq\:lest and may .blJSlObject to(;f8dlt,approvakShould'",,~,
the Buyer have outstandirig'balances due Parkson, nO' startup I field service will be scheduled until such payments are" received" by Parkson. me Buyer
assumes all responsibillty for the readiness of the system when It requests startup service. Should Parkson's Field Service Engineer arrive at the jobsite
and detennlne that the system cannot be started up within a reasonable "me, Parkson shall have the option to bring the Aeld Service Engineer home and
bill the Buyer for time, travel and living expenses. Additional field service Is available from Parkson at the prevailing per-<1lem rate at the time of the
request for serv1ce plus all travel and living expenses, portal-to-portal. A purchase order or change order will be required prtor to scheduling this addltlonal
service.
XII. LIMITATION OF LIABILITY: Unless expressly agreed to In writing by Parkson, all damages not direct and actual In nature, including without
limitation, consequential, Incidental, exemplary and punitive damages, shall be expressly prohibited damages. Such prohIbited damages Include, but are
not limited to, lost rent or revenue; rental payments; cosls (inaeased or nat) of administration or supervision; costs or delays suffered by others unabl~ to
commence work or provide services as previously scheduled for which a party to this contract may be liable; Increased costs of borrowing funds devoted
to the project (Including interest); delays In selling all or part of the project upon completion; damages caused by reason of Force Majeure or acts of God
(with the broadest statutory or court of law definitlon possible); termination of agreements to lease or buy all or part of the project, whether or not suffered
before completion of services or work; forfeited bonds, deposits, or other monetary costs or penalties due to delay of the project; interest for any reason
assessed to Buyer; Increased taxes (federal, state, local, or international) due to delay or recharacterizatlon of the project; lost lax credits or deductions
due to delay; impairment of security; attorney and other legal fees for any reason assessed to Buyer, loss of use of the Equipment or any associated
Equipment, costs of substitute Equipment, facilities or services, down time costs, claims of customers of Buyer for such other damages; or any other
indirect loss arising from the conduct of the parties. Parkson only agrees to responsibility for damages from proven negligent and willful acts of Its direct
employees only,
XIII. APPLICABLE LAWS & GOVERNING LAW: To the best of Parkson's knowledge, Parkson products'comply with most laws, regulations and
industrial practices; however, Parkson does not accept responsibility for any state, city or other local law not specifically brought to Parkson's attention.
For OSHA compliance, (1) Parkson Is only liable for those OSHA standards, which are in effect as of the date of the quotation, and to the extent they are
applicable to the perfonnance by Parkson. (2) Par1<son is only responsible for the physical charactertstics of the product(s) and not for the clrcumstances
of the use of the product(s). (3) Parkson's liability through any noncompliance to OSHA shall be limited to the cost of modlfylng the product(s) or replacing
the non-complylng product(s) or component(s) after receipt of prompt written notice of noncompliance. The rights and obligations of Buyer and Parkson
shall be govemed by and Interpreted in accordance with the substantive laws of the state of ROOda including the uniform commercIal code of Rorida,
excluding conflicts of law and choice of law principles.
XIV. DISPUTE RESOLUTION: Any Issue, claim or dispute ('Action') that may arise out of ar In connection with the project referenced In the quotation
and which Buyer and Parkson are not able to resolve by good faith negotiations, shall be submitted to' mediation. Both parties shall choose a mediator
and said mediator will decide the forum most convenient for both parties. Both parties agree to reasonably atlempt to resolve all Actions via this medium.
If mediation shall fall, the Actlon shall be submitted to binding arbitration administered by the American Arbltratian Association under Its Construction
Industry Arbitration Rules and Mediatlan Procedures (Including Procedures for Large, Complex Construction Disputes), and Judgment on the award
rendered by the arbitrator(s) may be entered In a court having jurisdiction thereof. The parties agree to use mediation then arbtiratlon to resolve such
Action in lieu of IitigaUon. In the event that an Action Is brought, the prevailii'lQ party shall be entitled to be reimbursed for, and/or have judgment entered
with respect to, all of Its costs and expenses, including reasonable attorney's fees' and legal expenses.
'IN. PATENTS: Parkson shall indemnify Buyer against any judgment for damages and costs which may be rendered against Buyer In a suIt brought on
account of the alleged Infrtngement of any United States patent by any product supplied by Parkson, unless (a) the alleged infringement occurs as a result
of any alteration or modification to the prO'duct or the use of the product in combination with the products or services of any party ather than Parkson, or (b)
the product was made in accordance with materials, designs or speciflcatlons Furnished or designated by Buyer, in which case Buyer shall indemnify
Parkson against any judgment for damages and costs which may be rendered against Parkson In any suit brought on account of the alleged Infrtngement
of any United States patent by such product ar by such materials, designs or specifications; provided that prompt wrtllen notice be given to the party from
3
1611
il PARKSON CORPORATION
...the environmental technology company
whom Indemnity Is sought of the bringing of the suit and an opportunity be given to such party to settle or defend It as that party may see fit and that every
I9SSOnable assistance In seWing or defending It shall be rendered. Par\(SOn shall In no event be liable to Buyer for special, Indirect, Inddental or
consequendal damages arising out of allegation of patent Infringement
XVI. MECHANICAL WARRANTY: All Equipment sold pursuant to this quotation are warranted to be free from defective material and workmanship,
under nonnal use and SeMce, for a period of twelve (12) months from date of shipment to Buyer's Jobslte ("Warranty Period'). In the event that defects
develop during the Warranty Period, under normal and proper use, Parkson Is to be notified promptly in writing, and upon receipt of Its wrltten consent, the
products are to be retumed promptly to Parkson, F.O,B. Par\(SOn's factory, If Parkson's inspection indicates defactlve material or wOlkmanship, the parts
will, at Parkson's option, either be repaired or replaced without charge. In the case of components purchased by Parkson and Incorporated In the
Equlpmen~ Parkson's Mechanical Warranty is limited to the component manufacture~s warranty. In addition to any other limitation or disdalmer with
respect to this Mechanical Warranty, Parkson shall have no liability with respect to any of the following: failure of the products, or damages to them, due
to Buyer's negligence or willful misconduct, abuse or improper storage, installation, appllcalion or maintenance (as specified In Parkson's O&M manuals);
any products that have been altered or repaired In any way without Parkson's prior written consen~ any products damaged while in transit or othecwlse by
accident; decomposlUon of products by chemical actlon, erosion or corrosion or wear to products caused by abrasive materials. Service calls during the
Warranty Period, when requested by Buyer and where no evidence of defective material Of workmanship is found, wiV be at Buye~s expense. ParIcson
shall not be held liable for any further cost. expense, or labor to replace Equipment or replaceable parts. All indirect damages are hereby limited pursuant
to the Limitation of UabiDty clause herein and shall continue for the duration of the Warranty Pertod.
THE FOREGOING MECHANICAL WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND . MERCHANTABILITY , WHETHER WRITTEN, ORAL OR STATUTORY, WHLCHAR.!;.. - -", ~ '
EXCLUDED TO ',HE .~t1tLEST 'EXT~N'r'l"ERMIS'SlBLE"Br ;Ij.W. ALL WARAANTIES AND 08L1GA.T10NS OF PARJl::SO~-:-SHALLl . "or'!"'"'''' '::
TERMINATE IF BUYER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES
OR IF BUYER FAILS TO PAY ANY CHARGES DUE PARKSON,
XVIL MISCELLANEOUS: The partles agree that the foregoing constitutes the entire agreement between Buyer and Parkson and that there are no other
agreements, tenns or conditions, expressed or Implied, unless otherwise agreed to In wrffing. This document may not be mod"rtied or superseded other
than by an instrument In writing signed by b9th Buyer and Parkson, This document shall be binding upon and Inure to the benefit of Buyer and Parkson
and their heirs, assignees. legal representatives and the project Owner for the project referenced in the quotation. The invaHdity or non-enforceablUty of
any particular provision of this document shall not affect the other provisions hereof, and this document shall be construed in all respects as if such Invalid
or unenforceable provisions were omitted.
JCG 4n7104
4
J
1611
,
HM
HOLE MONTES
ENGINEERS ' PLANNERS. SURVEYORS
MEMORANDUM
To:
From:
Date:
Subject:
Port of the Islands Community Improvement District Board
Ronald E. Benson, Jr., Ph.D., P.E. ;(9..h
October 19, 2005 .
Utility ERCs for Commercial Development
cc:
Ed Goscicki, P.E., Dan Cox, Esq.
Port of the Islands has used the following values for Utility ERCs since preparation of estimates
for water and sewer service around the time of development of the CID water and sewer systems.
Single Family Residence
Multifamily Residence
Hotel
RV
Restaurant (full service)
Bar/Cocktail Lounge
Marina Slip
1 ERC/unit
0.8 ERC/unit
0.6 ERClhotel room
0.4 ERCIRV
0.2 ERC/seat
0.08 ERC/seat
0.08 ERC/slip
These relative values were used as they are consistent with various values used by different
standard engineering references for water demand and sewer generation. As an additional point
of reference, Collier County currently uses the ratio 0.75 for MF/SF for the northern portion of
the County and 0.85 for MF/SF for the southern portion of the County, whereas POI has used
0.80 for MF/SF.
There is a portion of the POI property that is zoned Commercial and may be developed other
than hotel, restaurant, bar, or marina use. The purpose of this memo is to bring up the issue of
how to determine the number of ERCs needed for this development prior to a specific request by
a property owner and to do so using a standard approach. For development within the Collier
County utility service area that is not residential (for which they identify SF and MF values to
use), the Collier County Land Development Code identifies the use of Chapter 64E-6.008 (Table
1) for determining water demand and wastewater generation. One approach for the Board to
consider would be to allow the developer to interpret the use of the values in Chapter 64E-6.008
as they compare to the CID currently approved standards for an ERC, while another approach
would be to have the CID Engineer interpret the use of the values and establish additional
categories with standards to be adopted by the CID Board prior to a development request.
lof2
161r
RECF:IVED
ocr - 4 1nn~
HOLE MONTES,INC
October 3,2005
Port of the Island Community Improvement District
C/O Hole Montes, Inc, - Joe Goetz
950 Encore Way
Naples, FL 34110
RE: Port of the Islands Watermain Replacement & Irrigation Line Extension
Dear Joe:
As you are no doubt aware, fuel prices have spiraled upward over the past several months to their
highest level in history, Due to the critical nature of the current situation, Florida State
Underground can no longer continue to absorb the increased cost passed on by our vendors and
manufacturers,
Beginning October I, 2005 as we progress forward through these tough times with the fuel
situations, we ask that you help us by reimbursing us for those fuel costs which we are and have
been absorbing for months, Florida State Underground will implement a 4 % surcharge on this
projects total contract amount as a reimbursement to us for those costs which we are absorbing.
We appreciate your understanding and partnership with us in helping to share the dilemma of
these fuel cost increases,
Sincerely,
~~~
Ken Bell
Project Manager
~~
KB/mk
copy to file
4540 DOMESTIC AVENUE · NAPLES, FLORIDA 34104 · 643-6449 · FAX: 643-6891
oeT-12-2005 10:29
SEUERN TRENT sues.
P.02/02
1611;
ScrrinI aU of SW Florid.
902 SE ,... Ttn'RCI
Cape Coral, I'L 33'90
LEE (239) 549-3667
COLLIER (23') 530-3667
Fa (%39) 513-7284
1012/0S
Port Of The Islands
Attn: Bruce White
Re: Windows & Doors
This estimate is to furnish and install the following:
1. 8 POT Non-Impact single hung windows 4817 x 51"
2. 4 PGT Non Impact single hWlg widows 48" x 51." with mull bars.
3. 2 Pairs of6'0" x 6'8'" steel doors and frame with astragal, flush bolts,
hinges, and lockset.
4. 3 Single 3'0" x 6'8" steel doors and frame with hinges, a.nd lockset.
5. 1 Single 2' 8" x 6' gn steel door only in existing frame with new hinges,
and lockset.
Total price installed $ 12,240.00 + tax.
Thank you,
~~
Jeff Wright
TnTCI O!?l'?
1611
NOTICE OF MEETINGS
PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT
The Board of Supervisors of the Port of the Islands Community Improvement
District will hold their meetings for Fiscal Year 2006 in the offices of the District at
the Egret Room, 25000 Tamiami Trail, Naples, Florida at 10:00 A.M. on the fourth
Friday of each month with the exception of the November and December meetings
which will be held on the third Friday:
October 28, 2005
November 18, 2005
December 16,2005
January 27, 2006
February 24, 2006
March 24, 2006
April 28, 2006
May 26, 2006
June 23, 2006
July 28, 2006
August 25, 2006
September 22, 2006
There may be occasions when one or more Supervisors will be participating by
telephone. At the above location there will be present a speaker telephone so that any
interested party can attend the meeting and be fully informed of the discussions taking
place.
Any person requiring special accommodations at any of these meetings because
of disability or physical impairment should contact the District Office at (954) 753-0380
at least five (5) calendar days prior to the meeting.
Each person who decides to appeal any action taken at these meetings is advised
that they will need a record if the proceedings and that accordingly, the person may
need to ensure that a verbatim record of the proceedings is made including the
testimony and evidence upon which such appeal is to be based.
Ed Goscicki
Manager
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+---------------------------
PORT OF THE ISLANDS
210 N UNIVERSITY DR #802
CORAL SPRINGS FL 33071
REFERENCE: 010948
59122230
1611
NOTICE OF MEETINGS PO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Co~orate Secretary of the Naples
Daily News, a da1ly 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 ~ublished at Naples, in said
Collier County, Flor1da, and that the said
news~aper has heretofore been continuously
publ1shed 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: 10/10
AD SPACE: 86.000 INCH
FILED ON: 10/10/05
:~~~::~::-~~-~~~~:~:-----~~-~--------------+---------------------------
Sworn to and Subscribed ~efore me this J~day of L'9 J-- 20 tJ-S
Personally known by me ~~ ~
,..~~~~.f;:."" Harriett Bushong
,t 'JJ.~'~':~;~ MY COMMISSION # DD?~4689 EXPIRE:
'~"~'~ ~ July 24, 2007
--'1,;"";;; f'';~'' BONDED THRU TROY FAIN INSURANCe. INC
'",t",,\
(1)/1 fer CD.
nUT o. 0\.,
~'1
1611
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INLET CANAL
LOT 89
STATE OF FLORIOA)
COUNTY OF COlliER)
.LOT 91
LOT 90
(VACNH)
GRouND EL - 8.8' (NGW29)
10' U,E. *:,:0'
S 89.42'13" E 158.60'
(9EAR1NO BASIS-PER PU 1)
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I,Oennl. M. Partello, Sr.," a Regl.tered Land Surveyor In the State of Florida, hereby certify
that the foregoing plat represent~ a survey of the following described premises:
LOT 90, PORT Or THE ISLANDS (THE CAYS) PHASE II, asrsc:orded In Plat Book 21, page. 1 thru 4
of the Public, Records of Collier County, Florida. That a survey of the above described property was mode under my
direction and meets' the MInimum TechnIcal Standards as per Chapter 61G17-6 Florida Admlnl.tratlve Code, pursuant to
Section 472.027, Florida Statutes. There are no visible encroachmente other than shawn, no easemenle or, claim. of
eaeements of. whIch we, have knowledge. NotlUe search hoe been made by the surveyor. No attempt has been ,made to
locate footers bene'ath the, surface',
Stre,et Addrs,88 I. '191,Sun8et Cay, Naples, Fi.
eearlngs conform to Plat
Elevations are N.G. V.D. run in from 8M GG- 2
Property 18 In Flood Zone "Ar"
100-year nood elevation I. 7.0'
BOUNDARY SURVEY
PREPARED FOR: ,MARK KALJlANEK
PORTELLA & ASSOCIATES, LLC LB# ,7304
2384 UNWOOD ,AVE. NAPLES, Fl,34112
SCALE: i".. 30' DATE: Fobruary 27,2004-
(239) 77~6511
SUNSET
CAY
50'
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REVISIONS
P&A74.0WO 0..28
(L-P
Oen'nle 114, Portella,Sr. PLS *4~04
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with . eniboss~d 8,al.
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Port of the Islands
Community Improvement District
General Fund
Statement of Revenues & Expenditures
For The Twelve Months Ended September 30, 2005
rorated Budget Actual
thru 9/30/05 thru 9/30105 Variance
Revenues
Maintenance Assessments $725,780 $725,780 $1,047,636 $321,856
Interest/Miscellaneous Incom $1,200 $1,200 $14,537 $13,337
Total Revenues II $726,980 $726,980 $1,062,173 $335,193 ~
Administrative Expenditures
Supervisors Fees $6,000 $6,000 $6,000 $0
Payroll Tax Expense $0 $0 $524 ($524)
Engineering Fees $16,500 $16,500 $57,485 ($40,985)
Attorney's Fees $12,000 $12,000 $18,926 ($6,926)
Annual Audit $6,400 $6,400 $397 $6,003
Compliance Services $0 $0 $0 $0
Management Fees $21,634 $21,634 $21,634 ($0)
Computer Fees $750 $750 $563 $188
Records Storage $50 $50 $0 $50
Rebate Calculation $625 $625 $875 ($250)
Trustee Fees $500 $500 $383 $117
Property Appraiser $11,581 $11,581 $0 $11,581
Assessment Roll $8,400 $8,400 $8,400 $0
Tax Collector $0 $0 $4,824 ($4,824)
Travel & Per Diem $250 $250 $0 $250
Telephone $350 $350 $82 $269
Postage $2,500 $2,500 $2,906 ($406)
Rentals & Leases $1,200 $1,200 $1,440 ($240)
Insurance $10,000 $10,000 $12,458 ($2,458)
Printing & Binding $2,000 $2,000 $1,207 $793
Legal Advertising $1,200 $1,200 $1,782 ($582)
Other Current Charge $600 $600 $463 $137
Office Supplies $350 $350 $288 $62
Dues & Licenses $175 $175 $0 $175
Capital Outlay $500 $500 $0 $500
Total Administrative Expend $103,565 $103,565 $140,635
-2-
1611;~
Port of the Islands
Community Improvement District
General Fund
Sta tement of Revenues & Expenditures
For The Twelve Months Ended September 30, 2005
rorated Budget Actual
thru 9/30/05 thru 9/30/05 Variance
Maintenance Expenditures
Personnel $56,467 $56,467 $62,453 ($5,986)
Overtime Pay $11,700 $11,700 $0 $11,700
Bonus Pay $900 $900 $0 $900
FICA Expense $5,284 $5,284 $4,778 $506
Health Insurance $3,630 $3,630 $5,514 ($1,884)
Pension $3,953 $3,953 $539 $3,414
Workers Compensation $3,700 $3,700 $3,031 $669
Landscape Maintenance $60,000 $60,000 $47,852 $12,148
Street Lighting $21,530 $21,530 $23,576 ($2,046)
Irrigation $6,500 $6,500 $5,860 $640
Rentals & Leases $2,850 $2,850 $2,691 $159
Maintenance - Roads $5,000 $5,000 $0 $5,000
Maintenance - Drainage $2,500 $2,500 $0 $2,500
Mosquito Control $13,500 $13,500 $6,794 $6,706
Repairs & Maintenance $5,000 $5,000 $10 $4,990
Operating Supplies $2,800 $2,800 $95 $2,705
Capital Outlay $35,000 $35,000 $0 $35,000
Capital Reserve $335,401 $335,401 $0 $335,401
Bad Debt $47,700 $47,700 $0 $47,700
Total Maintenance Expendi $623,415 $623,415 $163,191 $460,224
Total Expenditures $726,980 $726,980 $303,826 $423,1
Excess Revenues (Expenditurf $0 $758,347
Beginning Fund Balance $300,445
Ending Fund Balance $1,058,792
- 3 -
161 1
Port of the Islands
Community Improvement District
Water & Sewer
Statement of Revenues & Expenditures
For The Twelve Months Ended September 3D, 2005
Water & Sewer Prorated Budget Actual
Bud et thru 9/30/05 lhru 9/30/05 Variance
Revenues
Maintenance Assessments $718,791 $658,892 $1,030,633 $371,741
Sewer Revenue $67,639 $62,002 $57,226 ($4,776)
Water Revenue $42,460 $38,922 $38,039 ($882)
Irrigation Revenue $40,000 $36,667 $59,882 $23,215
Meter Fees $5,250 $4,813 $8,750 $3,938
Interest/Mise Income $500 $458 $6,993 $6,535
Total Revenues $874,640 $801,753 $1,201,523 $399,770 II
Administrative Expenditures
Supervisors Fees $6,000 $5,500 $6,000 ($500)
Payroll Tax Expense $0 $0 $524 ($524)
Engineering Fees $15,000 $13,750 $58,220 ($44,470)
Legal Fees $12,000 $11,000 $16,092 ($5,092)
Annual Audit $4,900 $4,492 $398 $4,094
Compliance Services $0 $0 $0 $0
Management Fees $21,634 $19,831 $21,634 ($1,803)
Computer Services $750 $688 $750 ($63)
Records Storage $50 $46 $0 $46
Trustee Fees $1,300 $1,192 $383 $809
Property Appraiser $11,470 $10,514 $4,512 $6,002
Arbitrage Calculation $625 $573 $875 ($302)
Utility Billing $8,925 $8,181 $0 $8,181
Travel & Per Diem $250 $229 $0 $229
Telephone $200 $183 $0 $183
Postage $1,500 $1,375 $1,070 $305
Rentals & Leases $1,200 $1,100 $1,440 ($340)
Printing & Binding $350 $321 $130 $191
Insurance $10,000 $10,000 $12,458 ($2,458)
Legal Advertising $1,400 $1,283 $1,782 ($499)
Other Current Charge $2,350 $2,154 $956 $1,198
Office Supplies $350 $321 $0 $321
Interest expense $0 $0 $406 ($406)
Capital Outlay $500 $458 $0 $458
Bad Debt $90,258 $82,737 $0 $82,737
Total Administrative $191,012 $175,928 $127,630 $48,298 ~
- 5-
Port of the Islands
Community Improvement District
Water & Sewer
Statement of Revenues & Expenditures
For The Twelve Months Ended September 3D, 2005
-6-
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Bank Account. Check Details October 20, 2005
Perlod: 09101105..09/30105 Page 1
PORT OF THE ISLANDS HERNANOEZM
This report also Includes bank accounts that only halle balances,
Bank Account: Date Filter: 09101/05..09/30105
Check Printed Entry Orlglna Bal. Bal. Account Entry
Date Check No. Descrlpllon Amount Amount Voided Amount Status Entry S Accou No. No.
4130 PORT OF THE ISLANDS CID GF
Phone No.
09102105 50637 AETNA 1,015,86 0,00 0,00 Posted Venda 74 249
09/02105 50638 BIG CYPRESS LANDSCAPE 6,663.33 0,00 0.00 Posted Venda 7 250
09102105 50639 CORAL SPRINGS IMPROVEM 313.80 0.00 0,00 Posted Venda 11 251
09102105 50840 DANla H. COX, ATTORNEY 3,624.85 0.00 0.00 Posted Venda 76 252
09/02105 50641 FEOEX 35,14 0,00 0,00 Posted Venda 12 253
09/02105 50642 HOLE, MONTES & ASSOCIAT 31.683,07 0,00 0.00 Posted Venda 15 254
09/02105 50643 LEE COUNTY ELECTRIC, INC 0.00 0,00 0,00 Voided Venda 37 255
09/02105 50644 LEE COUNTY ELECTRIC, INC 4,648,12 0,00 0,00 Posted Venda 37 256
09/02105 50645 MCKAY, PATRICIA D. 131,84 0.00 0,00 Posted Venda VOO070 257
09/02105 50646 NAPLES DAILY NEWS 427,09 0,00 0,00 Posled Venda 28 256
09/02105 50647 PORT OF THE ISLANDS CID 409.42 0,00 0,00 Posted Venda 3 259
09/02105 50648 SEVERN TRENT ENVIRONM 4,830.70 0,00 0,00 Posted Vendo 36 260
09/02105 50849 SPRINT 216,16 0.00 0.00 Posted Vendo VOOO04 261
09/08105 50650 JAMES L, VENVERTLOH 970,91 0.00 0,00 Posted Emplo 6 262
09108105 50651 DAVID T. STEPHENS 1,892.66 0,00 0,00 Posted Emplo 6 263
09/08105 50652 FRANKIE A, CLAPHAM 822,89 0,00 0.00 Posted Emplo 10 264
09/21105 50653 THEODORE R. BISSELL 369.40 0,00 0,00 Posted Emplo 1 285
09/21105 50654 RICHARD A. GATTI 319.40 0,00 0,00 Posted Emplo 2 266
09/21/05 50655 DALE M, LAMBERT 369.40 0,00 0.00 Posted Emplo 3 287
09/21105 50856 RICHARD C, ZIKO 389.40 0,00 0,00 Posted Emplo 4 268
09121/05 50657 JAMES L. VENVERTLOH 909,03 0.00 0,00 Posted Emplo 6 289
09/21/05 50656 DAVID T. STEPHENS 1.692,86 0,00 0,00 Posted Empfo 8 270
09/21/05 50859 FRANKIE A. CLAPHAM 771,41 0.00 0,00 Posled Emplo 10 271
09/26/05 50680 FLORIDA MUNICIPAL INSURA 6,548,00 0,00 0.00 Posted Vendo 14 272
09/30/05 50881 AMERICAN EXPRESS 1,166.19 0,00 0,00 Posted Vendo 16 273
09/30/05 50682 EXXON MOBIL 39,87 0,00 0,00 Posted Vendo VOOO27 274
09/30/05 50671 AA ELECTRIC SE INC. 149,06 0.00 0,00 Posted Venda V00071 263
09/30/05 50872 BIG CYPRESS LANDSCAPE 3,762,80 0,00 0,00 Posted Venda 7 264
09/30105 50673 BOB DEAN SUPPLY, INC. 4,561,86 0,00 0.00 Posted Vendo VOOO09 265
09/30/05 50674 COLLIER FENCE AND WIRE. 190,00 0.00 0,00 Posled Vendo VOOO73 288
09/30/05 50675 CORAL SPRINGS IMPROVEM 125.16 000 0.00 Posted Vendo 11 267
09/30/05 50676 DIRECT SAFETY COMPANY 154,66 0,00 0,00 Posled Vendo VOO074 266
09/30/05 50677 DUFRESNE & ASSOCIATES, 1,750,00 0,00 0,00 Posled Vendo VOOO75 269
09/30/05 50676 FEDEX 0,00 0.00 0,00 Voided Vendo 12 290
09/30/05 50679 FEDEX 370.50 0,00 0,00 Posted Vendo 12 291
09/30/05 50660 GMAC PAYMENT PROCESSI 480.48 0,00 0.00 Posted Vendo 66 292
09/30/05 50681 GRAYBAR 35,00 0,00 0,00 Posted Vendo VOOO40 293
09/30/05 50662 HOLE, MONTES & ASSOCIAT 18,882.19 0.00 0,00 Posted Venda 15 294
09/30/05 50663 INDUSTRIAL AIR PRODUCTS, 97,00 0.00 0,00 Posted Vendo VOOO03 295
09/30/05 50684 JOHN DEERE CREDIT 1,560.78 0,00 0.00 Posted Vendo VOOO06 296
09/30/05 50885 LEE COUNTY ELECTRIC, INC 0,00 0,00 0,00 Voided Venda 37 297
Conllnued, , , . . . . . . . 100,357,91 0,00 0,00
1611
Bank Account - Check Details October 20, 2005
Period: 09/01/05..09/30/05 Page 2
PORT OF THE ISLANDS HERNANDEZM
Check Printed Entry Orlglnll Bill. Bal. Account Entry
Date Check No. Description Amount Amount Voided Amount StatuI Entry S Accou No. No.
Continued, 100,357,91 0,00 0,00
09/30/05 50686 LEE COUNTY ELECTRIC, INC 0.00 0.00 0.00 Voided Venda 37 298
09/30105 50687 LEE COUNTY ELECTRIC, JNC 0,00 0,00 0,00 Voided Venda 37 299
09/30105 50688 LEE COUNTY ELECTRIC, INC 4,237,76 0.00 0,00 Posted Venda 37 300
09130/05 50689 MCCONNELLS TRUE VALUE 107,31 0,00 0,00 Posted Vendo VOO02O 301
09130/05 50690 MCI COMM SERVICE 10.41 0,00 0,00 Posted Vendo VOOOO5 302
09/30/05 50691 MITCHELL WATER SERVICE 140,00 0,00 0,00 Posted Vendo VOO061 303
09130106 50692 NAPLES DAILY NEWS 155,60 0.00 0,00 Posted Vendo 28 304
09130105 50693 PARAMOUNT CHEMICALS 381.00 0,00 0.00 Posted Vendo VOOO26 305
09130106 50694 PORT OF THE ISLANDS CID 0,00 0,00 0,00 Voided Vendo 3 306
09130105 60695 PORT OF THE ISLANDS CID 457,68 0.00 0.00 Posted Vendo 3 307
09130105 50696 SANDERS LABORATORIES. I 864,00 0.00 0.00 Posted Vendo VOOO17 308
09130105 50697 SEVERN TRENT ENVIRONM 9.261.40 0,00 0,00 Posta<l Vendo 36 309
09130/05 50898 SPRINT 512,26 0,00 512.26 Financial Posted Vende VOOO04 310
09130/05 50699 SUPERIOR POWER EQUIPM 4n.00 0,00 0,00 Posted Vende VOO024 311
09130/05 50700 THE AVANT I COMPANY 2,969,95 0,00 0.00 Posted Vendo VOOO72 312
09130/05 50701 UNITED PARCEL SERVICE 17,74 0,00 0,00 Posted Venda 23 313
09130105 50702 USA BLUE BOOK 2,324,05 0.00 0,00 Posted Venda VOOO30 314
09130/05 50703 WILCO ELECTRIC, INC, 515,00 0,00 0,00 Posted Venda VOOO16 315
PORT OF THE ISLANDS CID GF 122,769,07 0.00 512.26
Port of the Islands 1611
Community Improvement District
General Fund
Statement of Revenues & Expenditures
For The Twelve Months Ended September 30, 2005
Prorated Budget Actual
thru 9/30/05 thru 9/30/05 Variance
Revenues
Maintenance Assessments $725,780 $725,780 $1,047,636 $321,856
Interest/Miscellaneous Income $1,200 $1,200 $14,537 $13,337
Total Revenues II $726,980 $726,980 $1,062,173 $335,19311
Administrative Expenditures
Supervisors Fees $6,000 $6,000 $6,000 $0
Payroll Tax Expense $0 $0 $524 ($524)
Engineering Fees $16,500 $16,500 $57,485 ($40,985)
Attorney's Fees $12,000 $12,000 $18,926 ($6,926)
Annual Audit $6,400 $6,400 $397 $6,003
Compliance Services $0 $0 $0 $0
Management Fees $21,634 $21,634 $21,634 ($0)
Computer Fees $750 $750 $563 $188
Records Storage $50 $50 $0 $50
Rebate Calculation $625 $625 $875 ($250)
Trustee Fees $500 $500 $383 $117
Property Appraiser $11,581 $11,581 $0 $11,581
Assessment Roll $8,400 $8,400 $8,400 $0
Tax Collector $0 $0 $4,824 ($4,824)
Travel & Per Diem $250 $250 $0 $250
Telephone $350 $350 $82 $269
Postage $2,500 $2,500 $2,906 ($406)
Rentals & Leases $1,200 $1,200 $1,440 ($240)
Insurance $10,000 $10,000 $12,458 ($2,458)
Printing & Binding $2,000 $2,000 $1,207 $793
Legal Advertising $1,200 $1,200 $1,782 ($582)
Other Current Charge $600 $600 $463 $137
Office Supplies $350 $350 $288 $62
Dues & Licenses $175 $175 $0 $175
Capital Outlay $500 $500 $0 $500
Total Administrative Expenditures II $103,565 $103,565 $140,635 ($37,070)11
- 2 -
- 3 -
Port of the Islands
Community Improvement District
Combined Balance Sheet
September 30, 2005
Fund TypeR Thtals.
(memorandum
.d.ss.ds GenerilL Debt -"I'rvicl' Entl'rpriRI' only) 2()()!i
Cash
Operating Account $691,002 $832,399 $1,523,401
Accounts Receivable $6,124 $11,128 $17,252
Investments
State Board $460,846 $71,239 $532,085
State Board. Reserve $72,280 $72,280
Reserve Account $15,036 $15,036
Revenue Account $0
Redemption Account $0
Sinking Fund $0
Interest Account $11,220
Accrued Interest Receivable $0
Other Assets $200 $200
Due from Other Funds $60,648 $20,138 $157,289 $238,075
Prepaid Expenses $6,548 $6,548
Deposits $0 $0
Plant & Equipment $4,218,621 $4,218,621
Property $90,480 $90,480
Amount Available/Debt Service $0
Amount to be Provided/Long Term Debt $0
'Total Asset!; $1,297,648 $46,394 $5,381,155 $6,713,9781
Liabilities
Accounts Payable $781 $4,815 $5,596
Due to Other Funds $238,075 $238,075
Customer Deposits $23,419 $23,419
Note Payable - Backhoe $775 $775
Bonds Payable $0
Matured Principal Payable $30,000 $30,000
Matured Interest Payable $548,100 $548,100
Fund Equity, Other Credits
Investments in General Fixed Assets $0
Contributed Capital $5,121,134 $5,121,134
Retained Earnings $231,012 $231,012
Fund Balances
Designated for Reserve $72,280 $72,280
Unreserved $986,513 $986,513
Reserved for Debt Service ($531,706) ($531,706)
Reserved for Capita I Projects $0
~Total Liabilities, Fund Equity & Other Cred $1 ,297 ,648 $46,394 $5,381,155 $6,725,19811
-1-
1611
1611
MEMORANDUM
Misc. Correspondence Agenda
Date
Agenda Item #
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
RECE\VED
JAN 2 7 2006
FROM:
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
Board of County commissioners
DATE:
RE:
January 27, 2006
Miscellaneous Correspondence - BCC Agenda
Please place the following item on the next available BCC agenda and call me at extension 8350 with
the date and Miscellaneous Correspondence agenda item number.
Port of the Islands Community Improvement District
1. Port of the Islands Community Improvement District has submitted the following item:
a. Minutes of Meeting held 11/18/05.
Thank you
:\speciallspecial
Mise, corres:
Date:
Item#:
COPIVS to:
Port of the Islands
Community Improvement District
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Severn Trent Seroices, Management Seroices Division
210 North University Dr., Suite 800 - Coral Springs - Florida 33071
(954) 753-0380 - (954) 796-0623fax RECEIVED
JAN 2 6 2006
January 23,2006 FINANCE DEPT.
Memorandum To:
Tim Stephens
Port of the Islands c.I.n.
12600 Union Road
Naples, Florida 34114
Reference:
Minutes of Meeting held November 18, 2005 and Approved
December 16,2005
From:
Edward Goscicki
Manager
Enclosed for your records is a copy of the minutes of the above-referenced meeting ofthe Port of
the Islands Community Improvement District's Board of Supervisors. Please make this
document available to the public during normal business hours.
If you have any questions, please call Janice Swade at (954) 753-0380.
Cc: For information purposes only:
Clerk of the Circuit Court
c/o Derrick Johnssen
2671 Airport Road, Court Plaza III
P.O. Box 413016
Naples, Florida 34112-3016
Jim Mudd
Collier County Manager
Governmental Center
3301 East Tamiami Trail
Administration Building
Naples, Florida 34112
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.
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MINUTES OF MEETING
PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT
The regular meeting of the Board of Supervisors of the Port of the Islands Community
Improvement District was held on Friday, November 18, 2005 at 10:00 a.m. at the Egret Room,
25000 Tamiami Trail, Naples, Florida.
Present and constituting a quorum were:
Richard Gatti
Dale Lambert
Ted Bissell
N orine Dillon
Richard Ziko
Chairman
Vice Chairman
Assistant Secretary
Assistant Secretary
Assistant Secretary
Also present were:
Bob Dick
Dan Cox
Ron Benson
Christopher Shucart
Gary Beck
Jim Ciano
George Kramer
Numerous Residents
Severn Trent Services
Attorney
Engineer
POI Hotel and Marina
Resident
Resident
Resident
FIRST ORDER OF BUSINESS Roll Call
Mr. Dick called the meeting to order and called the roll.
SECOND ORDER OF BUSINESS Approval of the Minutes of the October
28, 2005 Meeting
Mr. Gatti stated each Board member received a copy of the minutes of the October 28,
2005 meeting and requested any additions, corrections or deletions.
Mr. Lambert stated I am missing Pages 4 and 5 as well as Pages lO through 27.
Ms. Dillon stated I am not missing any pages.
Mr. Lambert stated on Page 3 towards the bottom there are some statements which are
being credited to Mr. Mack. However, I believe they are Mr. Benson's statements.
Mr. Benson stated I was the one who said I would provide Mr. Cox with the legal
descriptions.
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Port of the Islands C.LD.
Ms. Dillon stated this is also true on the bottom of Page 5.
Mr. Benson stated that is correct.
Ms. Dillon stated on Page 7 in the bottom paragraph, it is not Mr. Ziko and myself, but
Mr. Burgesson and myself.
On MOTION by Ms. Dillon seconded by Mr. Bissell with all in
favor the minutes of the October 28, 2005 meeting were approved
as amended.
THIRD ORDER OF BUSINESS Open Items
Mr. Lambert stated the first item is the Equipment Inventory. Mr. Dick was going to
speak to Mr. Stephens with regards to adding those smaller items to the inventory.
Mr. Dick stated I have been working with Mr. Stephens. Are you referring to items less
than $250?
Mr. Lambert responded I believe it was $250 and above.
Mr. Dick stated it is not complete, but it is being worked on.
Mr. Lambert stated the second item is Reuse Water for Irrigation. Mr. Benson mentioned
at the last meeting one item was missing.
Mr. Benson stated we have been working with the electrician, and I am in the process of
getting his quote for installation of the electrical components.
Mr. Bissell asked have we met the requirements of the DEP?
Mr. Benson responded Mr. Stephens monitors water quality for reuse standards and on
some days we meet the requirement, but other days we do not meet it. However, I have not
specifically spoken to him about this over the last few weeks.
Mr. Bissell asked is that a problem?
Mr. Benson responded we must meet the water quality criteria for DEP before we can
send water to the customers. If we are not meeting the water quality on a given day, we do not
send water. However, we are working on a project at the plant, and equipment will be delivered
in February. We have also been doing the engineering. When this happens, there should not be
any reason not to meet the criteria.
Ms. Dillon asked will it be February or March before this is done?
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Mr. Benson responded some improvements which are being made at the wastewater plant
are specifically to improve water quality, and when the missing item arrives the new equipment
will provide a much higher water quality. Therefore, we should no longer have a problem.
Mr. Lambert stated the third item is the fire station. Since Mr. Cox is not here, does
anyone have an update?
Ms. Dillon responded I met with Mr. Mack and we are still awaiting the appraisals.
However, he reports Collier County wants the property deeded to them with a stipulation it must
only be for a fire station, which forces the County to budget the funds which have been allocated
for that purpose and preclude them from using it for any other purpose. Mr. Cox was going to let
us know whether or not it is better to deed it to us or the County.
Mr. Lambert stated the fourth item is the entrance monuments. Do you have an update?
Mr. Dick responded I am in contact with Likens Sign Tech, and they are in the permitting
process as we speak. The design is complete and was approved by the Board. The permitting
may take longer than normal due to the amount of damage which occurred as a result of the
hurricane. However, we expect them to be done in a relatively short period oftime.
Ms. Dillon asked do you have a projected date?
Mr. Dick responded I do not have a projected date.
Mr. Lambert stated the fifth item is the Portable Generator for Sewage Lift Stations. As
of the last meeting, there was one generator for the well field and one for the lift station was on
its way. Has it arrived?
Mr. Dick responded it has not arrived.
Mr. Lambert asked what is the status of the wiring of the generator for the well field?
Mr. Dick responded the installation is ongoing. Our first step in the process is to build
the foundation, which has started, but it is not complete.
Mr. Bissell asked did we have to plug a line in the sewage lift station on Cays Drive?
Mr. Dick responded I am not aware of a plugged sewer line, but I am aware of a water
leak.
Mr. Bissell stated someone came in with a truck and sewage was coming up all over the
road.
Mr. Dick stated I apologize, but I was not aware of it.
Ms. Dillon stated a sewer alarm went off last week.
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Mr. Gatti stated we should continue with this subject and raise ancillary issues later in the
meeting.
Mr. Lambert stated the sixth item is DEP Letter of Compliance Inspection Report. Mr.
Benson met with them in September. We have until December on this. What is the status?
Mr. Benson responded we had to assemble an emergency preparedness plan. The
manager's office was going to look at plans they had for other systems which they operate
locally, and modify one of them for this community. Mr. Gatti gave me a letter dated November
14th from DEP reminding us about the emergency plan which is due by the end of this year.
Mr. Gatti asked what happens if it is not finished by December 31st?
Mr. Benson responded they can potentially fine you, but the odds are they will just send
you a letter.
Mr. Dick stated it will be complete within the timeframe.
Ms. Dillon stated this has been going on all year.
Mr. Lambert asked Mr. Ziko, do you have anything to report on the seventh item, which
is Everglades Restoration?
Mr. Ziko responded everything has slowed down due to the hurricane. However, they are
looking to get back on track by February.
Mr. Lambert stated the eighth item is POI mosquito control. Mr. Goscicki was going to
get speak to the homeowner, Ms. Pat McNalley.
Mr. Dick stated I spoke to Ms. McNalley personally. She has been researching alternate
mosquito control methods. There are some products for sale which can be put into standing
waterways and stop the larvae from mutating into mosquitoes. I have been trying to research
other alternate methods such as spray companies, but I have not been successful. However, I
located some private companies who are willing to do the mosquito spraying similar to what we
do currently, but I was unsuccessful in getting Collier County to agree to take this area over.
Mr. Lambert asked do you know what those private companies will charge us to do this?
Mr. Dick responded I received a proposal from a company out of Sarasota charging $650
per application because of the distance, which I do not believe is a reasonable alternative.
Mr. Lambert asked are we currently getting any mosquito spraying done?
Mr. Dick responded we have not sprayed in the last few weeks. The person who in
charge of this has been busy with plant operations and has not had the time to spray.
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Port of the Islands C.I.D.
Unfortunately, he is the licensed operator or spray technician. However, Severn Trent is in the
process of getting other people certified in order for us to have more flexibility.
Mr. Lambert stated the ninth item is a Proposal for Operation of Water and Wastewater
Facilities. Mr. Cox is handling this and I do not know if anyone else has further information.
The last update we had was that we should have the RFQs back in December.
Ms. Dillon stated they were going to send the letter out in the December meeting. I will
have to ask Mr. Cox.
Let the record reflect Mr. Cox has joined the meeting.
Mr. Lambert asked what is status of the RFQ we were going to send out for the proposal
of operation and management of water and wastewater facilities?
Mr. Cox responded we are on target.
Ms. Dillon stated we should go back to the fire station issue to see if Mr. Cox has any
further information.
Mr. Cox stated the appraiser called yesterday and told me they were finishing their report
and expect to mail it out today. Therefore, I should have it sometime next week. The title
reports for both properties are clean. Both properties are similar in the respect that they require
conditional use approval from the County for the construction of the fire station. You may
assess which property you are most interested in when we receive the appraisals.
Mr. Lambert stated we should have something for the next meeting. Can you email it to
us before the meeting?
Mr. Cox responded yes.
Mr. Lambert stated the tenth item is research capacity of facilities with the possibility of
adding additional ERCs, which is on the table right now. Should we put this in the hold
category, rather than keeping it active?
Ms. Dillon responded yes.
Mr. Lambert stated the eleventh item is the discrepancy between gallons of water pumped
and gallons billed. Mr. Benson and Mr. Stephens are working on this. Have we made any more
progress?
Mr. Benson responded we are going to gradually change out the older water meters,
which is one aspect of what is being done. We are also going to periodically look at areas where
there is potential for unbilled water use, and there is one area near the North Hotel which Mr.
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Stephens and I discussed this week on the telephone. I will discuss this later during our
presentation.
Mr. Lambert stated the twelfth item IS the grant from SFWMD. Have you heard
anything?
Mr. Benson responded I have not heard anything.
Mr. Lambert stated the thirteenth item is the installation of missing reflectors for fire
hydrant location in the streets. Mr. Dick was trying to find someone who does this.
Mr. Dick stated I found someone who had them in stock but they are self-adhesive, which
I thought would be more efficient. Although I did not count the hydrants, I ordered 40 and they
should be in Monday or Tuesday.
Mr. Lambert stated they probably all have to be replaced eventually.
Mr. Dick stated I will keep inventory at the plant since I located a supplier.
Mr. Lambert stated the fourteenth item is to paint the fire hydrants. What is the status?
Mr. Gatti responded we will have to go out with a generator and clean them. Painting is
easy, but getting them ready is a problem.
Mr. Lambert asked what is the status of truck decals?
Mr. Dick responded I have nothing to report. They should be in the Sarasota office by
now, since they were not sent to me. I will follow up.
Mr. Lambert asked with regards to the portable defibrillator, did you speak to Mr.
Burgeson?
Ms. Dillon responded he has been ignoring my phone calls, but I will continue to try to
get in touch with him.
Mr. Lambert stated you may need to get a copy of the page in the minutes where he made
the statement.
The last item is the review of funds taken in from back payments. Mr. Cox sent a letter
to the auditing company, and the Board was supposed to receive emailed copies.
Mr. Cox stated I thought I sent it.
Mr. Lambert stated I have not received it.
Mr. Cox stated I will email it again.
Mr. Lambert stated that is all the open items I have on the list, unless anyone has
anything to add.
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Mr. Bissell asked what is the status of the signs on Stella Maris?
Mr. Lambert responded you should speak to the HOA and tell them it was their liability.
Mr. Bissell stated since I have limited communications with them, I spoke to their
attorney who told me she would talk to the Board's President and get back to me, but they have
not. I did some research on my own and discussed it with Mr. Benson. He sent paperwork to
Mr. Cox. Have you been able to look at it?
Mr. Cox responded we have not accepted responsibility for this to my knowledge. We
should find out what reasonable people do in this situation? If you undertake this, you must
ensure it is done reasonably. However, if you do not have responsibility, no one can force you to
be responsible for it.
Mr. Bissell stated the way I understand it is the access easement was given to the HOA.
Therefore, the maintenance of the street is not our responsibility.
Mr. Cox stated what we have done by resolution of the Board in the past was that if we
were to take care of the pavement and I do not see why we would pave one part without paving
the entire area when it is time to pave, but just because we took responsibility for the pavement
did not mean we took ownership or responsibility for anything else there. There are many roads
here which the CDD does not own, and we agreed we were going to pave them because of the
economies of scale.
Mr. Gatti stated we had to accept responsibility for the street when it was initially paved.
We were not satisfied with the job and we made them re-pave it.
Mr. Benson stated there are two different legal descriptions on the plat. One is for the
street ending at the cul-de-sac, and says 'Port of the Islands Cll' for maintenance, which I
understand should be accepted. However, the one Mr. Bissell is referring to is located at the 't'
end of the plat and says homeowners are responsible. I am not sure if the cm has ever taken on
anything in that area.
Mr. Cox stated when I looked back at past meeting minutes where this was discussed, we
initially referred to the main area. However, we agreed to take care of the entire road including
that end with regards to pavement, but agreeing to pave it does not make us responsible for
everything else.
Mr. Gatti stated if we pave the street, we would not want to leave those two ends
unpaved.
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Mr. Ziko stated I do not believe paving is the issue. The issue is that reflectors should be
put in to prevent people from driving into the canal.
Ms. Dillon stated we discussed the fact it was a liability issue which needed to be handled
by the Stella Maris HOA, which is where it still is.
Mr. Bissell stated when Stella Maris was built there were three reflector signs at the end
of the cul-de-sac, which is stated in the plat.
Mr. Benson stated the County required the warning signs at the end ofthe cul-de-sac.
Mr. Bissell stated there are currently no signs.
Mr. Lambert asked since the HOA should be handling this, why are we concerned about
this issue at this meeting?
Mr. Bissell responded I do not know. I spoke to County officials who told me if someone
goes in the canal or anything else happens there and the area is not marked, they will sue the
HOA, the crn as well as the people who removed the signs.
Mr. Gatti asked as a practical matter, what are we referring to here?
Ms. Dillon responded the homeowners told us they do not want those signs put back up.
Mr. Cox stated if this requirement is shown on the subdivision plans approved by the
County, it becomes a code enforcement issue as well. You must comply with the signage
requirements imposed on the subdivision by the County.
Mr. Ziko asked are the signs supposed to be at the end of the cul-de-sac or at the end of
the tees?
Mr. Benson responded they should be shown as stated in the plat. However, I do not
believe the crn has an easement at the end of the tees.
Mr. Cox stated you do not have the right to go on that side.
Mr. Gatti stated if something happens which results in a lawsuit, we will be responsible.
Mr. Bissell stated if we put the three signs which are on the plans back, the problem will
be solved.
Mr. Cox stated once you take the affirmative action of putting them there, you are
responsible for ensuring they stay there.
Ms. Dillon stated we were told by those homeowners not to put them up.
Mr. Cox stated I respect homeowners, but if it is a requirement of the County's approval
and they are not there, the subdivision is not in compliance with the County approval which
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creates a code enforcement issue. As a result, we will be able to cite the homeowner in order to
convince them that the signs have to go back up.
Ms. Dillon asked would they cite the HOA?
Mr. Cox responded they may cite the entire subdivision.
Mr. Bissell stated just to ensure you understand the situation, there were three signs on
each side. The signs on one side were removed, which were the ones on the plat at the end of the
cul-de-sac.
Mr. Cox asked they did not require them on the other side?
Mr. Bissell responded no because this is private property.
Mr. Cox stated if this is private property and they are not on the plat I do not believe we
can put them there.
Mr. Bissell stated that is correct. Should we have these signs put back?
Mr. Cox responded you can do this if you want to, but I do not believe you are
responsible to do so. Therefore, if you decide to put them there, you accept responsibility for
them.
Mr. Lambert asked what did the HOA say?
Mr. Bissell responded they have not responded to us.
Ms. Dillon asked should this issue go on the open items list?
Mr. Lambert responded we need to talk to the HOA president.
FOURTH ORDER OF BUSINESS Discussion of Public Hearing to Adopt a
Resolution Setting Rules for Utility
Capacity Rates
Mr. Benson stated the issue we discussed at the last meeting was not on rates. I believe it
was on establishing a method for equivalent ERCs.
Ms. Dillon stated it was for commercial development.
Mr. Gatti asked what is the status?
Mr. Benson responded the title is different on the document than on the agenda.
Mr. Cox stated this is not a rate issue, but a methodology to determine how many ERCs
at proposed development is equivalent.
Mr. Benson stated the title in tab 4 is correct.
Ms. Dillon stated we discussed this issue to a great extent at the last meeting, and agreed
we were going to adopt this rule. This is the legal requirement to do so.
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Mr. Cox stated this is the public hearing where you will hear testimony from anyone who
wants to comment on this issue, and we will actually adopt the rule at the next meeting. We will
have a draft based on public comments as well as the direction you give staff today, and we will
finalize the rule.
Mr. Gatti asked do we have to open this as a public hearing?
Mr. Cox responded yes.
Mr. Gatti stated the public hearing is open. Anyone who wants to comment on it is free
to do so. Mr. Cox will give an overview.
Mr. Cox stated from the inception of the District we had a method for allocating capacity
at the plant based on whether a project was a single-family residence, a multi-family residence,
RV spots, restaurant seats, bar seats and marina slips. That was the original development mix
contemplated for the project, and was the only uses we developed this methodology for. In the
future, different uses may be proposed for some
of the properties here, and we need to develop a methodology to determine how much capacity is
necessary for those proposed uses we need to have in the plant before we can sign the DEP letter
authorizing construction of their distribution system for the water and collection system for the
sewer.
Mr. Benson stated it also relates to Collier County development.
Mr. Cox stated they require a concurrency letter which the District issues saying we have
sufficient capacity to serve them. Since these uses are all we have right now, any other use will
either have to come to this Board for consideration based on evidence presented in a hearing of
how many ERCs would be allocated to the property or you can adopt by rule a methodology Mr.
Benson can use to determine what the necessary capacity to support a proposed project. You
have basically a choice of having to make the decision each time and hold a hearing or you
develop a rule which staff can identify to any potentiality which comes in to find the answer.
Ms. Dillon stated perhaps we wanted to ensure we just adopted a methodology which can
be applied across the board for everyone, although I guess we can reserve the right to change
something in the future, but since this will be adopted by rule you will have to go through the
rule adoption procedures again in order to amend it.
Mr. Ziko stated we were looking at Chapter 64 as I understand. Does this apply to
Collier County only or is it state-wide?
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Mr. Cox responded this is an adopted state DEP rule which outlines the methodology
they use.
Mr. Ziko asked do we follow this fairly closely?
Mr. Cox responded we have not had to apply anything other than the standard formula
which is consistent with standard engineering principles.
Mr. Benson stated the current rules for multi-family, hotels and RVs is consistent with
Chapter 64E6.
Mr. Ziko asked I realize Chapter 64 has their own document, but does POI have one?
Mr. Cox responded since we do not currently have a methodology, we are offering you
the opportunity to adopt one.
Mr. Ziko stated I believe we should adopt the State methodology to ensure this is fair for
everyone concerned.
Ms. Dillon stated that is what we agreed on last month.
Mr. Gatti asked is that a problem?
Mr. Cox responded it is not a problem at all.
Mr. Gatti stated all we have to do is adopt this resolution.
Mr. Cox stated this will be done at the next meeting.
Mr. Gatti asked since you understand what is included, does anyone have comments?
Mr. Benson responded in order to put this in Table 1 of Chapter 64E-6 we must
determine what Port of the Islands uses as an equivalent to one ERe. We call this a single-
family home. If you look on 64E-6 Table 1 based on our equivalency and with what was done in
the past, you take a three-bedroom unit with between 1,201 and 2,250 square feet of building
area, and assign 300 gallons per day, per unit, which is what we would have used for one ERC.
You must identify something as your basis and everything else is relative.
Mr. Cox stated we never quantified this.
Mr. Benson stated we never asked residents how many bedrooms they have, but we must
define one ERC, and I recommend that if we go with this general approach, we want to define it
as one ERC is equal to 300 gallons per day using this table. The table will identify how many
gallons per day you must have in order to equate it to one ERC.
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Mr. Lambert stated the only thing which is going to be affected are new types of
development which have not been identified previously, and anything which existed before is
going to remain the same.
Mr. Cox stated we will add that one ERC is single-family and assume it to be 300 gallons
per day, and multi-family is .8 of an ERC. We will then incorporate the table reference which
means ifthis is ever amended by the State, we will need to amend our rule as well.
Mr. Ziko asked is the 300 gallons per day combined irrigation usage and domestic use or
is it septic water only?
Mr. Benson responded this is where it becomes more involved because 64E-6 is a rule the
Health Department adopted for septic tanks. However, various government agencies also use the
same table for other reasons. If we look at how much potable water someone uses, it is probably
not 300 gallons per day, per unit because they also use irrigation water in considerably larger
amounts because it is readily available. We must be careful not to make this table equal to 300.
The actual number may be 250 or 275, and the numbers are different for water and sewer. This
is just a way to see how things relate to one another. If we call 300 gallons per day one and
something else in this table comes out to 100, it is 1/3rd, and that is really what we want to do.
Mr. Lambert stated we must be careful as to how this resolution is labeled.
Mr. Benson stated we do not want to measure everyone's usage because it is not
practical, yet we are saying a typical single-family home uses more than a typical multi-family
home. Collier County requires something similar to what we use. The north part of the county
uses .75 and the south uses .85. We use .8.
Mr. Ziko stated in relation to this, I understand the condos and villas have an ERC of .8.
Mr. Benson stated this is only for utilities. Port of the Islands has two different types of
ERCs. One is based on units for bond and taxing purposes and the other is for utility units. This
is just for utilities.
Mr. Gatti stated ifthere is no further discussion we will close the public hearing.
Mr. Shucart stated this seems to be an important issue and I believe you should postpone
the decision until the next meeting, in order to give us time to educate ourselves, since this will
affect us a great deal.
Mr. Ziko stated we were not going to vote on the motion until the next meeting. Weare
just opening up the meeting for discussion.
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Mr. Shucart stated we cannot open this up for discussion if we are not prepared for it, and
if you are going to move to adopt it at the next meeting, it will almost be too late to discuss.
Ms. Dillon asked do you want to look at the current rule?
Mr. Shucart responded I want to educate myself more since we are affected by it from
both a commercial and residential standpoint. If we are going to adopt a rule, it is going to affect
us down the in the future. I want to see what is in place now versus what you want to adopt.
Mr. Ziko stated this rule applies to property which is not developed, and not to anything
already built.
Mr. Shucart stated we have commercial and residential land which is undeveloped.
Mr. Gatti stated we will table this to the next meeting if everyone agrees.
Mr. Cox stated you should make a motion to continue the public hearing to the next
meeting.
On MOTION by Mr. Lambert seconded by Ms. Dillon with all in
favor the Public Hearing to adopt a resolution setting rules for
Utility Capacity Rates was continued to Friday, December 16,
2005 at 10:00 a.m. in the Egret Room, 25000 Tamiami Trail,
Naples, Florida.
FIFTH ORDER OF BUSINESS Consideration of Engagement Letter with
Dufresne & Associates, CPA, P A to
Perform the Audit for Fiscal Years 2005,
2006 and 2007
Mr. Lambert stated it has been a long time since we directed staff to negotiate with this
company and if I recall correctly, there were some additional thoughts they came back with. I
am curious why it has taken so long to come to the point of this letter. Was this not put together
in a timely manner or has it been put together and they are just responding to us?
Ms. Dillon responded Mr. Bissell sent a letter to Mr. Goscicki with regards to this item
because we agreed on a bid in January of $4,750 per fund. This engagement letter comes shows
$7,500.
Mr. Lambert stated I recall Mr. Goscicki told us when they entered into the negotiation
process there were some other issues which were overlooked. Therefore, the value was adjusted
up from the $4,750 which we directed staff to negotiate.
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Mr. Gatti stated the proposal which was submitted mentioned there could potentially be
extra costs, and no one knew exactly what they would be.
Ms. Dillon stated the fee schedule they sent us has a basic service fee of $5,500 with
added costs for miscellaneous items. If this is the additional expenses we were discussing, it still
does not explain why the costs increased to $750 per fund. Did you receive any information
from Mr. Goscicki about this?
Mr. Dick responded Mr. Goscicki is in communication with this company and he does
not have all the information. He suggested I pass on his comments. He recommends using this
company because of their experience of doing the previous audits, and he will come to the Board
at the next meeting with the reasons for the price increases.
Mr. Ziko stated they have not done an audit yet.
Mr. Lambert stated since they are getting ready to start it, why is this coming up now
when we directed all of this to be taken care of quite some time ago?
Mr. Bissell stated we directed Severn Trent staff to take care of this at the January 28th
Board meeting.
Mr. Dick responded I cannot answer why it was not taken care of.
Mr. Gatti stated Mr. Goscicki needs to clarify this. Therefore, I suggest we hold this over
until we get those comments.
Mr. Lambert asked will this delay the start of the audit process?
Mr. Dick responded they are not going to start until they have an agreement.
Mr. Bissell stated they should have had the agreement last spring.
Mr. Gatti asked can we discuss this at the next meeting?
Mr. Ziko responded we should.
Mr. Lambert stated it obviously fell through the cracks before and did not get handled.
SIXTH ORDER OF BUSINESS Staff Reports
A. Attorney
There being no report the next item followed.
B. Engineer
i. Schedule for Presentation by Marchand Properties
Ms. Dillon stated at the last meeting you were going to contact the people about doing a
presentation to the Board about the RV land. However, I heard through the grapevine the deal is
no longer valid.
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Port of the Islands C.LD.
Mr. Benson stated the manager's office was going to coordinate the presentation, and I
believe you are correct. It is no longer valid.
Mr. Ziko asked do we have a date it is postponed to?
Mr. Benson responded it is cancelled.
I have a couple of items to discuss. The first one is the letter Mr. Gatti gave me from the
DEP dated November 141\ which I mentioned earlier. The item we already discussed in the
letter is the water treatment plant as it relates to the disinfection rule. There are two DEP
categories which relate to this rule, waters which are under the direct influence and waters which
are not under the direct influence of the surface water. If ground water has some potential to get
into the water supply, you have to do more things to disinfect the water to avoid possible
contamination. This issue came up at least once, if not twice in the last 10 years and we
demonstrated to the DEP we were not under the influence of surface water. We used ground
water. The rules have been amended over the years, and once the water comes into the water
plant, there is potential exposure, and I will use the words right out of here, "for contamination
from birds, insects, windborne debris, rainfall and drainage", which puts you under the influence
once again. Part of the process at the water plant can possibly have rainfall, insects or birds. We
will have to show that you need a higher level of disinfection because of this. Although we have
not gone through the exercise for you, we can do this quickly. Our deadline is December 31 SI. In
order to comply you have a water storage tank, the water which is produced goes into the tank
before it comes here. Chlorine is added to the water at a high enough level and the combination
of the time it is in the tank and level of chlorine in the water will enable you to meet the rule. I
will get you the report which we can send to the DEP on your behalf.
Mr. Lambert asked will we have to add chlorine?
Mr. Benson responded I do not anticipate you having to do anything. Mr. Stephens will
probably have to fill out a form each month to send in as a result of the new rule once it goes into
effect.
Mr. Gatti asked are going to deal with Severn Trent with regards to the first aspect of the
letter asking for that plan, are you guys going to deal with that at Severn Trent?
Mr. Benson responded that is correct. Weare going to handle the disinfection.
Mr. Gatti asked do you have anything else to discuss?
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November l8, 2005
Port ofili12.t.l
,)j
,~.
"
Mr. Benson responded the water line project is proceeding. We were removing the old
asbestos cement pipe from where Orchid Cove ends to the north, taking the line up to the water
plant and replacing it with PVC pipe. We thought one section of pipe was replaced slightly
under 500' by the wastewater plant when it was built, but it was not shown on the plans.
However, since they installed the pipe up to the point on both sides, we now know the pipe is
asbestos cement and needs to be replaced.
Mr. Gatti asked do you have a unit price?
Mr. Benson responded yes. We need to add the fee to the contract, increasing it to
$20,000 to $25,000. I am going to ask you to authorize us to take care of this in a change order
document with the contractor using the unit price in the contract. This is all allowed, I just need
your authorization to do this and increase it to $25,000.
Mr. Gatti asked is the size 8"?
Mr. Benson responded I believe it is 8".
Mr. Gatti asked what is the unit price?
Mr. Benson responded it is approximately $40.
Mr. Gatti stated that is acceptable.
Mr. Benson stated it is slightly higher priced since it is a small job in a remote location.
Ms. Dillon asked did you see the asbestos?
Mr. Benson responded one of my employees did. I sent someone down.
Ms. Dillon stated I know they have been digging over there.
Mr. Benson stated we may have exposed it in a couple of places. We had to install some
new fire hydrants for the wastewater plant approximately 13 years ago, and we thought we were
just going to replace a whole section of pipe, instead we put enough to connect two fire hydrants.
The other issue which came up during construction of the project was an 8" line near the hotel
which Mr. Stephens was not aware of, and it is in an area where we are going to verify how
meters for the North Hotel. The North Hotel gets fed from both the front and the back of the
hotels, and there are multiple meters. Therefore, there is a line up there which we are going to
investigate while we are doing this project, and we may use some additional funds to have this
contractor reconnect their meters to the new line to ensure we do not have lost water.
Approximately 10 years ago, we had some issues about unaccounted-for water, which we
thought was going to the hotel, and in particular the pool. Since this is dug up and exposed we
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November 18, 2005
Port of the Islands C.LD.
would like to take care of that also and may find some missing water. There was an allowance in
the contracts for additional money to do a few minor things. I will try to take care of it within
that budget.
Mr. Gatti asked do you need authority from the Board to authorize a change order?
Mr. Benson responded you must vote to allow me to increase it $25,000.
On MOTION by Ms. Dillon seconded by Mr. Ziko with all in
favor a change order in the amount of $25,000 to install additional
pipe to the water plant was approved.
Mr. Lambert asked as we are discovering all this stuff, are we getting a set of marked up
drawings so we know what we have in the future?
Mr. Benson responded we provide record drawings which show all our work.
Mr. Lambert stated 15 years from now, the same sort of thing will be happening, and we
should maintain a current set of drawings.
Mr. Gatti stated at the end of the project he gives us a set of asbuilts, which means he
changes the original plans to show what actually happened in the field and, which is your
obligation.
Mr. Benson stated Mr. Stephens keeps a copy of those at the plant as required by the
State and most of those documents I also have a copy in my office in case we need to discuss it
over the phone.
Mr. Gatti stated I noticed our first bill was approximately $16,000, and they asked for
$32,000 and you cut it back to $16,000. What was that about?
Mr. Benson responded the engineer working on the project did not believe the quantities
were correct as of the date of the bill, and reduced the quantities to what they were as of the date
of the invoice, so their next invoice will be larger.
Mr. Gatti asked does this include everything done so far?
Mr. Benson responded yes. They have done the jack and boards underneath the
driveways, and they are going to come back and connect it.
Mr. Lambert stated we discussed sending out a letter to people who are getting
transferred over to reuse water at the last meeting. Is someone taking care of this?
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November 18, 2005
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Port of the Islands C.LD.
Mr. Benson responded I have it on my list to provide the manager's office a map showing
which homes are going to be affected and they are going to send the letter.
Mr. Gatti stated this is critical because many people have used their reuse water for
different things other than irrigation. Some residents told me their sinks are hooked up to the
reuse water.
Mr. Benson stated that water has never been safe for drinking.
Mr. Lambert stated this is why I believe it is important we ensure they are aware of this.
Mr. Benson stated we need to do more of this within the next year throughout the
community in order to make everyone aware of the differences between the water, and is one
reason why we are painting the fire hydrants. We are painting them a color which is not safe.
Mr. Gatti asked are they being painted purple?
Mr. Benson responded yes.
Mr. Gatti stated we need this letter soon.
Ms. Dillon stated we are now looking at January or February.
Mr. Benson stated the lines will be hooked back up, but those residents have always used
that water. Therefore, I will get the letter sent immediately.
Mr. Gatti stated some people will be required to have some significant work done.
e. Manager - Meeting Schedule for Fiscal Year 2006
Mr. Dick stated the electrical repairs from the damage done by Hurricane Wilma were
completed.
Mr. Gatti asked what did this include?
Mr. Dick responded it included a couple of electrical starters, some wiring to your high
service pumps, the floats to turn them on and off, and some fluorescent lighting which occurred
when everything was blowing around inside the building.
Ms. Dillon stated we authorized that last month.
Mr. Dick stated those repairs were made. The new doors and windows were ordered with
Board approval. We had to give a deposit to the company, which they received and they started
construction.
Mr. Ziko asked how does the pole on our service drop look?
Mr. Dick responded it looks the same.
Mr. Gatti asked where is Mr. Stephens?
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Port of the Islands C.LD.
Mr. Dick responded he is operating the plant.
Mr. Benson stated as part of this project at the wastewater plant with Parkson we have an
electrical engineer evaluating your overall electrical service needs at the water and wastewater
plant because there are some additional loads and we will be giving you a report on this shortly.
Mr. Ziko asked what are the chances of burying the line which comes off the transformer
on the east side of the properties to where we pick up the drop?
Mr. Benson responded we may make some changes there to handle this and any other
projects in the future, and I will give you a report on this shortly.
Ms. Dillon asked what is the status of the project with the company in Fort Lauderdale?
Mr. Benson responded this is Parkson and it is going well. They provided us the first set
of drawings and we made comments, which they provided responses to. Our engineers are
working on design of the parts which interface with what they are doing, both on the process
systems, as well as electrical and structural, and all those items are under design. Parkson was
impacted by the hurricane, and they were down for at least two weeks, but they said it will not
impact the schedule.
D. Field Manager
Mr. Dick stated the reason Mr. Stephens is working is that his second part-time operator
has a personal emergency out of state, and he will be gone for the next month. Therefore, Severn
Trent is supplying operating staff on the weekends to allow Mr. Stephens some time off.
Ms. Dillon stated I noted this week the meter reader was a Severn Trent employee.
Mr. Dick stated we are helping Mr. Stephens with staffing on a temporary basis.
Ms. Dillon asked do we have the temporary person anymore?
Mr. Dick responded no.
SEVENTH ORDER OF BUSINESS Supervisors' Requests and Audience
Comments
Ms. Dillon stated we spoke to Mr. Goscicki about this before and this is just something to
pass on to him. We requested several times in the financial arena to get a better accounting of
money budgeted, spent and committed, in order to have a clearer picture of where we are
because the financial statements do not detail this and it seems we are authorizing spending
without really knowing how much money there is in the pot.
Mr. Gatti asked when do we do our annual budget?
Mr. Dick responded we start the process in June.
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Port of the Islands C.I.D.
Mr. Gatti stated this is when we should take a look, but we need to know now. This
information is contained in the budget, which we have not prepared.
Mr. Ziko stated we passed the budget two months ago, but still did not know how much
money was in the pot.
Mr. Gatti stated much has changed in that time.
Ms. Dillon stated that is why we need a more up-to-date understanding of where we are
financially.
I think we need to bring up the issue on the taxes. I talked to several of you and sent a
message to Mr. Goscicki that some residents were asking why their Port of the Islands
community improvement assessment increased over last year. We received an answer which
was given to us this morning, but it does not really address the question. I will read this for the
benefit of the audience. "In response to your inquiry, when I prepared the 2005 assessment roll,
I found the units in Sunset Cay Lakes were erroneously assessed in 2004 for a fraction of the
maintenance assessment, the same fraction used to allocate their debts, when in fact all units in
Port of the Islands are to be assessed as one whole maintenance unit for the maintenance
assessment. While allocating the debt resulted in a fraction of the unit and standby units for this
area are at .8, the maintenance assessments should always be at one unit per residential unit as is
the case in all of Port of the Islands. I corrected this error on the 2005 tax roll. I did not prepare
the 2004 tax roll, but believe it was simply an error in the formula used to calculate the
maintenance assessment. I can see the formula used for the debt unit rather than the maintenance
unit can multiply by the maintenance assessment." Most of us cannot quite understand this, but
also it is my understanding from some residents that the Sunset Cay units were not the only ones
affected by this. Basically, your Port of the Islands assessment should not have changed from
last year to this year unless there was an error. This is not clear, and I do not understand it.
Mr. Lambert stated I have a problem with Ms. Ellis. What is her position at Severn
Trent?
Mr. Dick responded Ms. Ellis is one of the most competent assessment roll preparers we
have. She has been with Severn Trent for many years and I have complete confidence in her.
Mr. Lambert stated it strikes me as strange that someone would make these changes
without referring to the Board or Mr. Goscicki.
Mr. Dick stated perhaps she should attend a meeting and address this issue for the Board.
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November 18, 2005
Port of the Islands C.LD.
Mr. Gatti stated since this is a critical issue which many people are interested in. We
should ask her to come in and address the Board.
Mr. Lambert stated what she states here is not what I understood happened.
Mr. Gatti stated we should have her come in and explain it.
Mr. Ziko stated perhaps we can get her here for the next meeting, the quicker the better.
Mr. Dick stated we will ask her to attend the next Board meeting unless she has a
conflict, and I will let you know.
Mr. Ziko stated someone else from Severn Trent can come to the meeting and explain it.
Mr. Beck stated since this is a special assessment and the Board has to make the changes,
how does Severn Trent or Mr. Cox have a right to arbitrarily change the assessment without the
Board being aware of it?
Mr. Cox responded no one has the right to do anything arbitrarily, and no one has done
so. Ms. Ellis explained the methodology she applied. The Board adopts a per unit assessment,
which is plugged into the formula, and Ms. Ellis places them on the assessment roll.
Mr. Beck asked did you advise the Board?
Mr. Cox responded I have not advised anyone. She explained the methodology.
Mr. Beck asked how can you change the assessment?
Mr. Cox responded I did not change the assessment. She explained the methodology she
uses. If you use a methodology you are not arbitrary.
Mr. Beck stated you are making a change which the Board has not approved.
Mr. Cox stated no change is being made. They are applying the methodology, and
plugging in the number the Board adopted. No one changed anything this Board did.
Mr. Gatti stated your point is well taken and before we finalize this we are going to ask
Ms. Ellis to make a presentation, and please feel free to attend. When we better understand this,
we can more clearly answer your question.
Mr. Ziko stated I went through the Collier County property appraiser and tax collector,
and I found there is a great variation in the condo assessments. I came up with six different
assessments on a condo. I realize there are maintenance assessments and bond issues, but how
do we get six different prices for the same condo which should be evaluated exactly the same?
We should have two different prices at the most, one with the bond paid off and one with the
bond not paid off. We need more of an explanation of how this was applied to the tax bill. The
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Port of the Islands C.LD.
property Mr. Beck was referring to in his building have two different assessments. I do not
know whether or not the bond issues relate to this, but with eight or ten units in there, why
should there be differences?
Mr. Gatti responded we need someone here to explain this to us, so that we are not blind-
siding anyone, and ensure Ms. Ellis understands our concerns.
Mr. Bissell stated for the l2 months ended October 13th should be one month in the
budget. I looked back through the old minutes and it is done by the month, October being the
first month. On November 19, 2004 the Board did not pass the motion but it was discussed by
Mr. Gatti, myself and others that all copies of incoming and outgoing correspondence to the DEP
should be given to the Board members, which I believe has not been done.
Mr. Gatti stated we have been faithful with this issue.
Mr. Lambert stated when Mr. Gatti was ill, there were several of those which he gave to
me and I sent them on to Mr. Benson.
Mr. Benson stated when I send correspondence to the DEP such as permit applications,
my policy is to send it to the manager, which I assume he distributes. I normally do not send
correspondence directly to the Chairman.
Mr. Bissell stated although we forward the correspondence to the District Manager to
copy the appropriate people, this has not been done.
Ms. Dillon stated we should apply some common sense to this. If it is just an application
for a permit, I am not sure the Board needs to get a copy.
Mr. Lambert stated I was happy to pass some of this correspondence Mr. Gatti gave to
me to someone else. I relied on staff many times to handle these issues because unless you fully
understand what they are discussing, you are going to be lost. I also do not believe it is
necessary for us to read everyone of these.
Mr. Bissell stated maybe you do not, but I do. What is the status of the situation with the
fire ants?
Mr. Gatti responded we should finish your previous comment. When you receive this
correspondence, you pass it on to Severn Trent and they pass it on to the Board. We should
determine whether or not it is necessary for Mr. Benson to distribute it immediately or within a
few days, or if we want them it distributed at each meeting.
Ms. Dillon stated it depends on the importance.
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Port of the Islands C.I.D.
Mr. Lambert stated it depends on the correspondence. There was a situation in which we
had to spend a great deal of money in order to get up to speed, which was important.
Mr. Ziko stated I believe Severn Trent should handle this process. If Mr. Benson sends
correspondence to Severn Trent, they should determine whether or not we should see it.
Mr. Gatti stated I agree with you, but it is different than the directions we gave staff in the
past.
Mr. Bissell asked what is the status of the fire ants?
Mr. Benson responded I spoke to Mr. Stephens with regards to fire ant control at the plant
site and asked him if it was necessary to be done monthly. He informed me it is done semi-
annually. However, he does feel fire ant control is necessary.
Ms. Dillon stated you are only referring to the plant. There are many fire ant hills around
Port of the Islands. We need to determine who is responsible for treating areas on CID easement
property.
Mr. Dick stated since we are working on the RFQ for landscaping, perhaps we can add
fire ant treatment to the landscaping contract, and I believe they may be able to treat them with
something not requiring a licensed pesticide application.
Mr. Gatti stated this can only be done on CID property, since we have no business on
private property.
Ms. Dillon stated I am not suggesting anything for private property, but I have seen many
fire ant hills on our property.
Mr. Ziko stated it seems we have a recurring American Express bill of approximately
$1,000 per month, which does not contain a detailed background. The check register has
improved, but this American Express bill is directly related to Mr. Stephens at the plant, and we
need a more detailed background of where he is spending $1,000 per month over and above what
we allot for the operation of the treatment plant.
Mr. Bissell stated I requested information to be sent to me on some bills one month ago
before the last Board meeting, which I never received. Has Mr. Goscicki told the people who are
working on the finances not to answer question from the Board?
Mr. Gatti responded that is not a fair question.
Mr. Dick stated I cannot answer the question.
Mr. Bissell asked can you follow up on my request?
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Port of the Islands C.I.D.
Mr. Dick responded I will follow up on it.
Ms. Dillon stated the Board received a copy of a letter Mr. Goscicki got from the attorney
for Bayview Villas requesting additional ERCs. I am not sure the Board wants to necessarily
discuss it today, but it is something we do not want to slip through the cracks. It deals with an
offer from Orchid Cove to purchase additional ERCs.
Mr. Cox stated this was on the open items list, and you decided to put it on indefinite
hold as to whether or not the CID should get involved.
Ms. Dillon stated that was a different approach as to whether or not we wanted to table
Mr. Benson's report. This is a specific offer from them to purchase ERCs.
Mr. Cox stated the ERCs would have to created first.
Mr. Gatti asked should we have Mr. Benson's report before we can consider this request?
Mr. Cox responded absolutely.
Ms. Dillon stated someone needs to get back to Salvatore & Wood.
Mr. Ziko stated after reading this letter, I do not believe we need to take any action on
this.
Mr. Cox stated I believe they were making you aware they were also, and if we asked
him to come to the meeting with a check, he would have attended.
Mr. Ziko stated we should not address this issue, as it may cause problems.
Mr. Gatti stated there are many people interested in purchasing additional ERCs, but we
should not consider addressing this until we receive a report which outlines what we have.
Ms. Dillon stated this is just a letter awaiting a reply. Someone should tell him we tabled
this issue of additional ERCs.
Mr. Gatti asked should we send him a copy of the minutes which refers to this?
Ms. Dillon responded you should just call him.
Mr. Lambert stated last month we discussed adding a statement to the bill stating "any
time there is a loss of pressure you may want to consider boiling water". I want to ensure you
follow up with this and make it happen.
Mr. Dick stated I will follow up.
Ms. Dillon stated we also at one time suggested a message about no watering on Fridays,
which still occurs from time to time.
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Port of the Islands C.LD.
Mr. Gatti stated with regards to Mr. Lambert's point, were we notified about this a couple
oftimes?
Mr. Lambert responded the sheriff went around and spread the word to residents during
the hurricane. If he did not, many people would not be aware of it. As far as I know there was
nothing which indicated when people should stop boiling the water.
Mr. Gatti stated we should develop some methodology to ensure the word gets out. I do
not believe putting it on television is enough.
Mr. Lambert stated I agree with you, but I believe if we note it on the bill which everyone
receives, it becomes the individual's responsibility whether or not they choose to boil water
when pressure is lost.
Mr. Ziko stated I would like Mr. Dick to get in touch with Big Cypress and ask them to
take a look at the sprinklers on Cays Drive. I was returning home at approximately 8:00 p.m.,
and there were two sprinkler heads missing causing the water to shoot straight up, and the
sprinklers are only allowed to be on between 12:00 a.m. and 8:00 a.m. I also understood we
bought new timers in order to be in compliance with the County rules, and we are not doing this
agam.
Mr. Weiss stated the property tax issue is important, and based on the attendance at these
meetings, perhaps you should send a letter to all residents once you resolve these issues to help
us understand how the assessment is calculated.
Mr. Gatti stated that is a good point.
Mr. Beck asked with regards to landscaping, can you describe the right-of-way
ownership through the CID from the center of the road to the hedge and to the buildings?
Mr. Gatti responded the only way you can determine this is to see where the monuments
are for the right-of-way. However, it cannot be described verbally at this point.
Mr. Benson stated I will leave a large map at the hotel for anyone who wants to look at it.
Mr. Gatti stated you have to look at a map.
Mr. Beck stated perhaps a landscaping map which covers the lakes, and shows a right-of-
way 10' from the hedges and everything on the other side which belongs to the CID. However,
we do not want to landscape your trees nor do we want you to landscape our trees.
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Port of the Islands C.LD.
Mr. Ziko stated you should speak to Tom from Big Cypress since he has the landscaping
contract and knows every portion over here. Big Cypress cuts everything which belongs to the
Cill. Areas which are not cut by Big Cypress belong to the individual property owner.
Ms. Dillon stated he has a contract with the CID.
Mr. Beck stated in relation to this replacement landscaping, I am trying to determine
where the dividing line is.
Mr. Benson stated it depends on at what point in time which parcel was dedicated by
which person to the CID.
Mr. Gatti stated you can go out and measure from monuments, but you can get a better
idea of what you are looking for by viewing it on the map.
Ms. Dillon stated Mr. Benson will bring it to the next meeting.
Mr. Lambert stated Tom from Big Cypress can give you as good an answer as anyone.
Mr. Ciano does anyone on the Board know how long into the future the special
assessment will be in effect?
Mr. Cox responded your operation and maintenance special assessments and your
capacity reserve assessments will be perpetual because they fund day to day operations as well as
plant operations. The debt service assessments mature in 2010.
Mr. Gatti stated I do not think that is his question. I believe he is referring to the
increased special assessments for the capital improvement program.
Mr. Cox stated I believe when we finish the flow of funds analysis which we have been
working on, we can get a good idea as to where we are at, ask Mr. Benson to give us status of the
work and be able to answer your question.
Mr. Ciano asked do you have any idea right now?
Mr. Gatti responded we have an idea. We laid out a five-year capital improvement
program and the assessment was to fulfill that five-year capital improvement program.
However, there are many other factors which have to be taken into account, and this is the
general framework we are working in.
A resident stated I am confused. As I recall, my bill was $579 for the CID and $700 for a
special assessment. At one time, the CID was able to operate on $579, and now they suddenly
need 125% more.
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Port of the Islands C.LD.
Mr. Gatti stated I made what I thought was a good talk at a past meeting on why we had
to increase what existed to what we propose now. The essence of what I said was nothing was
done here at the Port of the Islands in terms of maintenance, improvements and updating for
years because this was all controlled by the developer who did not want to spend any money.
We came to a point where there were many improvements which had to be made, which required
money. We did not do anything here since I have been on the Board for the last 15 years. It was
controlled by the developers and there was just no available money. This Board looked at this
capital improvement program which Mr. Benson developed and felt this work was imperative to
maintain the subdivision. The capital improvement program we laid out was for five years and
the other factors which come into play is the fact that we received some additional money which
was unanticipated because of development, and that may alter the timeframe, but essentially we
laid out a capital improvement program for five years which covers the $700 per year. In
response to your question, there was no money for 15 years to do anything, and the developer
was not about to spend too much money because he owned literally all the property.
A resident stated I understand you went broke and could not even sign payroll checks.
However, no one likes a special assessment. Will it be beneficial for the Board to consider
increasing the $579 on a permanent basis and try to do away with all special assessments?
Mr. Cox responded these are all special assessments. The District has three ways it can
raise money. It can charge you fees for services, it can levy an ad valorem tax based on the value
of your property; or it can do what is called a non-ad valorem special assessment, which is what
we use. The assessments are based on the benefits of enhanced use and enjoyment of your
property and are allocated across the properties in order that everyone pays a fair share. With
regards to property taxes, you levy a percentage of the property value and everyone pays that
percentage. For example, a person who has a $500,000 house will pay more to the cm than
someone with a $300,000 house, but they are both getting the same services. The special
assessment looks at them both as a single-family unit and charges them the same amount because
they are receiving the same benefit. Therefore this a fairer way of allocating the costs of the
Cill.
A resident asked is the $579 also a special assessment?
Mr. Cox responded yes.
Mr. Kramer stated what is the status of the north side with regards to the bankruptcy?
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Port of the Islands C.LD.
Mr. Cox responded it is finished. There is absolutely no litigation going on.
Mr. Kramer asked how much money did we receive?
Mr. Gatti responded we can tell you what the Board asked for in terms of an overall
picture of how much money we have.
Mr. Cox stated we received money for all three properties. On the north side property,
the RV park property and the property Ms. Marchand owns, we got 100% of our money. There
were some issue on the North Port property, and Allstate agreed to a percentage payoff.
A resident asked when we take our tax bill and CID bill up to the County to pay it, does
the County charge the CID anything/or collecting your money?
Mr. Ziko responded they charge 4%.
A resident asked is there any way we can alleviate this?
Mr. Cox responded the District has the alternative of billing property owners.
A resident stated this will save money.
Mr. Cox stated you have to look at it from two perspectives. The first is when it is done
on the tax bill and someone does not pay their taxes, the tax certificate is sold and the cm gets
its money even though the taxes were not paid directly. If we direct billed and the taxes did not
get paid, we have to go through foreclosure proceedings. We have to wait one year before
commencement of foreclosure proceedings, and we would have to come to a foreclosure
settlement which can take a couple of years before the CID gets its money. In one case it took
almost five years. With the taxes, we get our money by June of every year unless the tax
certificate does not sell, which is a different issue, and is rare. If you look at this from the
property owner's perspective, after one year', if you do not pay an assessment and we bill you
directly, we are obligated to foreclose on your property by statute. If it is put on the tax bill, the
tax certificate can sell and a person has two years to redeem this before the person who is
holding the tax certificate can foreclose on the property.
EIGHTH ORDER OF BUSINESS Approval of Financial Statements and
Check Register
Mr. Gatti stated a motion to approve the financial statements and check register is in
order.
Mr. Ziko made a motion to approve the financial statements and
check register and Mr. Lambert seconded the motion..
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1611
November 18, 2005
Port ofthe Islands C.LD.
Ms. Dillon stated I have a question on the financials. What exactly are we paying under
property appraiser for approximately $26,000, which we paid in October? There is a separate
line item for the tax collector, and I do not understand what it is.
Mr. Cox responded I am not sure, but I will find out. The statute allows the property
appraiser to charge a fee for providing you with your assessment rolls, but I did not think it was
that much.
Ms. Dillon stated it is over $13,000 of funds and I do not understand what this is.
Mr. Lambert stated if you look at last year, there is the property assessor and the tax
collector. We did not get billed anything for one of those.
Mr. Ziko stated this is also in the check register.
Mr. Cox stated the tax collector does not bill you. He keeps his share.
Ms. Dillon stated this is a direct check.
Mr. Lambert stated there is an item on the budget from last year in which we had an
amount allocated and nothing was spent against it, and I wonder if there is some confusion on the
accounts.
Mr. Ziko stated at the end of the check register there is assessment of 2004, which looks
like non-ad valorem. What is that?
Mr. Cox responded this is the property appraiser's fee for providing you with the list of
all of properties subject to your assessments. The property appraiser has the duty to provide you
with the identity of all properties you can lawfully assess. We take the budget you adopt and the
amount per unit you assessed, plug it into his list and provide it to the tax collector to collect.
The statute allows the property appraiser to charge you a fee for providing the assessment roll
and the tax collector gets a percentage for collecting.
Mr. Ziko stated he is really not assessing anything because we determine from the budget
what it is going to be.
Mr. Cox stated his duty IS solely to tell you what properties are subject to your
jurisdiction.
Ms. Dillon stated there is still money budgeted under tax collector in addition to property
appraIser.
Mr. Cox stated we do not cut the tax collector a check because he collects the money,
keeps his percentage and sends us the balance. We cut a check for the property appraiser
29
1611
November 18,2005
Port of the Islands C.LD.
because he does not have any collections. This is why you will probably see tax collector with
zero allocation because he actually takes his money before you get it, and it comes out as a
revenue strength.
Mr. Lambert asked do you think this is a bookkeeping item?
Mr. Cox responded we budget it because we take your total assessments and plug in the
percentage budgeted. The net revenue budgeted is reduced by the amount we anticipate the tax
collector keeps.
Mr. Gatti stated since the finance person is going to attend the next meeting, perhaps we
can ask the question at that time.
Ms. Dillon stated there was a follow-up question for Mr. Goscicki, which we asked once
before. What is this payment to the CID which occurs every month? In this case, there were six
checks cut for different accounts made payable to the Port of the Islands CID, and we have not
been able to figure out what it is.
Mr. Lambert responded I believe it is for water. We have to pay for the water we use just
as everyone else does.
Mr. Ziko stated there are six different accounts. Why do we need six separate accounts to
pay for water?
Mr. Lambert asked are there check numbers associated with them?
Mr. Ziko responded we have a check here for 32 cents. There is one check but they are
all invoiced.
On VOICE vote with all In favor the prevIOUS motion was
approved.
NINTH ORDER OF BUSINESS
There being no further business,
Adjournment
On MOTION by Ms. Dillon seconded by Mr. Ziko with all in
favor the meeting was adjourned.
~
Ted isse
Assistant Secretary
~.....\1 ,.
Ric ard Gatti
Chairman
30
1611
Port of the Islands
Community Improvement District
Agenda
Friday
November 18, 2005
10:00 a.m.
Egret Room
25000 Tamiami Trail
Naples, Florida
1. Roll Call
2. Approval of the Minutes ofthe October 28,2005 Meeting
3. Open Items
4. Discussion of-Public Hearing to Adopt a Resolution Setting Rules for Utility Capacity Rates
5, Consideration of Engagement Letter with Dufresne & Associates, CPA, P A to Perform the Audit
for Fiscal Years 2005, 2006 and 2007
6. Staff Reports
A. Attorney
B. Engineer
i. Schedule for Presentation by Marchand Properties
C. Manager - Meeting Schedule for Fiscal Year 2006
D. Field Manager
7. Supervisor's Requests and Audience Comments
8. Approval of Financial Statements and Check Register
9. Adjournment
Naples Daily News
Naples, FL 34102
1611
Affidavit of Publication
Naples Daily News
--------------------------------------------------+---------------------------
PORT OF THE ISLANDS
210 N UNIVERSITY DR #802
CORAL SPRINGS FL 33071
REFERENCE: 010948
59133206
Notice of MeetingPor
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Co~orate Secretary of the Naples
Daily News, a da1ly newspaper published at Naples,
in C'ollip., County, Florida: that the attached
copy of advertis1ng was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper ~ublished at Naples, in said
Collier County, Flor1da, and that the said
news~aper has heretofore been continuously
publ1shed in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publiction in the said newspaper.
PUBLISHED ON: 11/11 11/11
AD SPACE: 67.000 INCH
FILED ON: 11/11/05
-----------------------------~---~-----------+---------------------
Signature of Affiant _..--,-,-,.41 ' 'J -
Sworn to and Subscribed before me this ~ ~~
Personally known by me ~~~ /S?J~___
2005
""".
":'~A~'.~~~~?:"- Harriett Bushong
:~{ " :'~ MY COMMISSION # r)D2~46B9 EXPIRE~
"~i-"""o~':, JLlly 24,2007
"',9r,,\~,".' dONOEDTHRU TROY FAIN INSURMiCf, INC
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Department of
Environmental Protection
1611
Jeb Bush
Governor
South District
P.O. Box 2549
Fort Myers. Florida 33902-2549
Colleen M. Castille
Secretary
November 14,2005
Mr. Rico Gatti
Port of The Islands
104 Newport Cay
Naples Florida 34114
Re: Collier County - PW
Port of The Islands
PWS I.D. Number: 5110230
Florida Administrative Code Rule 62-555
Dear 111". Gatti :
Below are several rule citations from Administrative Code Rule 62-555, which the Department has determined directly affects the
referenced facility. Failure to comply with these rules may result in enforcement action and this letter is the Department's final effort
to get the word out to all affected systems.
Suppliers of water who own or operate a community water system serving, or designed to serve, 350 or more persons or 150 or more
service connections shall develop a written emergency preparedness/response plan in accordance with Emergency Planning for Water
Utilities, AWW A Manual M19, as adopted in Rule 62-555.335, F.A.c., by no later than December 31, 2005, and shall update and
implement the plan as necessary thereafter. Said suppliers of water shall coordinate with their Local Emergency Planning Committee
and their Florida Department of Law Enforcement Regional Security Task Force when developing their emergency plan and shall
include in their plan all of the information in paragraphs (a) through (e) below.
(a) A communication chart as described in Chapter 5 of A WW A Manual M19.
(b) Written agreements with other agencies, utilities, or response organizations.
(c) A disaster-specific preparedness/response plan as described in Chapter 5 of A WW A Manual M 19 for each of the
following disasters: vandalism or sabotage; a drought; a hurricane; a structure fire; and if applicable, a flood, a forest or brush fire, and
a hazardous material release. Each disaster-specific preparedness/response plan shall incorporate the results of a vulnerability
assessment; shall include actions and procedures, and identify equipment, that can obviate or lessen the impact of such a disaster; and
shall include plans and procedures that can be implemented, and identify equipment that can be utilized, in the event of such a disaster.
(d) Details about how the water system meets the standby power requirements under subsection 62-555.320(14), F.A.C.,
and, if applicable, recommendations regarding the amount of fuel to maintain on site, and the amount of fuel to hold in reserve under
contracts with fuel suppliers, for operation of auxiliary power sources.
(e) If applicable, recommendations regarding the amount of drinking water treatment chemicals, including chemicals
used fnr regeneration of ion-exchange resins or f.Jr ensite generation of disinfedants, to maintain in invemory at treatment plants.
Specific Authority 403.861(9) FS. Law Implemented 403.852(12), 403.853(6), 403.861(17) FS. History -- New 11-19-87, Formerly
17-22.650, Amended 1-18-89, 1-1-93, Formerly 17-555.350, Amended 8-28-03.
Additionally, by no later than December 31, 2005, suppliers of water using ground water that is not under the direct influence of
surface water but that is exposed during treatment to the open atmosphere and possible microbial contamination shall provide
treatment that reliably achieves at least four-log inactivation or removal of viruses before or at the first customer at all flow rates. For
the purpose of this paragraph, aerators and other facilities that are protected against contamination from birds, insects, wind-borne
debris, rainfall, and drainage are not considered to be exposing water to the open atmosphere and possible microbial contamination.
Direct filtration and diatomaceous-earth filtration are considered to be achieving one-log (90 percent) removal of viruses when
properly operated, and conventional filtration treatment and slow sand filtration are considered to be achieving two-log (99 percent)
removal of viruses when properly operated. Chemical disinfection using free chlorine, chlorine dioxide, or ozone and chemical
disinfection using chloramines with chlorine added prior to ammonia are considered to be achieving two-log, three-log (99.9 percent),
or four-log inactivation of viruses when meeting the applicable CT value listed in Appendix E of the Guidance Manual for
Compliance with the Filtration and Disinfection Requirementsfor Public Water Systems Using Surface Water Sources as adopted in
Rule 62-555.335, FAC.
Continued. .
"More Protection, Less Process"
Printed on recycled paper.
1611
Port of The Islands
Page Two
By no later than December 31, 2005, each community water system (CWS) serving, or designed to serve, 350 or more persons or 150
or more service connections shall provide standby power for operation of that portion of the system's water source, treatment, and
pumping facilities necessary to deliver drinking water meeting all applicable primary or secondary standards at a rate at least equal to
the average daily water demand for the system. If a CWS interconnects with another CWS to meet this requirement, the portion of the
combined systems' components provided with standby power shall be sufficient to deliver water at a rate at least equal to the average
daily water demand for the combined systems.
At each site where standby power is required above, the supplier of water shall provide by December 31, 2005, an audio-visual alarm
system that is activated in the event any power source fails. If the site is not staffed during all hours the standby-powered water system
components are in operation, the alarm also shall be telemetered to a place staffed during all hours the standby-powered water system
components are in operation, or shall trigger an automatic telephone dialing or paging device, to enable notification of an authorized
representative of the supplier of water.
By December 31, 2005, suppliers of water who own or operate a community water system serving, or designed to serve, 350 or more
persons or 150 or more service connections shall have, and thereafter maintain, an up-to-date map of their drinking water distribution
system. Such a map shall show the location and size of water mains if known; the location of valves and fire hydrants; and the location
of any pressure zone boundaries, pumping facilities, storage tanks, and interconnections with other public water systems.
Finally all suppliers of water shall provide an operation and maintenance manual for each of their drinking water treatment plants by no
later than December 31, 2005, and shall update the manual thereafter as necessary to reflect plant alterations and additions. The
manual shall contain operation and control procedures, and preventive maintenance and repair procedures, for all plant equipment and
shall be made available for reference at the plant or at a convenient location near the plant. Bound and indexed equipment
manufacturer manuals shall be considered sufficient to meet the requirements of this subsection.
If you have any questions, please contact me at 239-332-6975, ext.135, or e-mail meatmark.charneski@dep.state.fl.us
Sincerely,
/7J-1 ~
Mark Charneski
Environmental Specialist III
MAC
cc: Mr. Tim Stephens
1611
NOTICE OF INTENT TO ADOPT A PROPOSED RULE
BY THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
In accordance with Chapters 190 and l20, Florida Statutes, the
PORT OF THE ISLANDS COMMUNlTY IMPROVEMENT DISTRICT ("the District") hereby gives
the public notice of its intent to adopt a rule related to the method for determining the number of
equivalent residential connections necessary for commercial development utilizing the District's Potable
Water and Wastewater Systems.
The purpose and effect of the rule is to provide a method for the District to calculate the impacts
and demands of commercial development on its potable water and wastewater systems and to allocate
those impacts and demands on the basis of equivalent residential connections.
Specific legal authority for the rule includes Sections 190.011(5), 120.54 and 190.012(1), Florida
Statutes, specifically.
Any person who wishes to provide the District with a proposal for a lower cost regulatory
alternative as provided by Section 120.54, Florida Statutes, must do so in writing within twenty-one (21)
days after publication of this notice.
IF REQUESTED WITHIN TWENTY-ONE (21) DAYS OF THE DATE OF THIS NOTICE, A
HEARING WILL BE HELD AT THE TIME, DATE, AND PLACE SHOWN BELOW (IF NOT
REQUESTED, THIS HEARING WILL NOT BE HELD):
TillE AND DATE:
Friday, January 27,2006
10:00 a.m.
PLACE
The Egret Room
25000 Tamiami Trail
Naples, Florida
A request for a public hearing on the District's intent to adopt its proposed rule must be made in
writing to the District Manager at 210 N. University Drive, Suite 800, Coral Springs, Florida 33071, and
received within twenty-one (21) days after the date of this Notice.
If a public hearing is requested, this public hearing may be continued to a later date, time and
place to be specified on the record at the hearing. If anyone chooses to appeal any decision of the Board
with respect to any matter consiclered at a public hearing held in response to a request for such a public
hearing, such person will need a record of the proceedings and should accordingly ensure that a verbatim
record of proceedings is made which includes the testimony and evidence upon which such appeal is
based.
If a public hearing is requested, one or more Supervisors may participate in the public hearing by
telephone. At the above location, if a public hearing is requested, there will be present a speaker
1611
telephone so that any interested party can attend the public hearing at the above location and be fully
informed of the discussions taking place either in person or by speaker telephone device.
A copy of the proposed Rule may be obtained by contacting the District Manager at 210 N.
University Drive, Suite 800, Coral Springs, Florida 33071 or by calling (954) 753-5841.
1611
NOTICE OF RULE DEVELOPMENT
PORT OF THE ISLANDS
COMMUNITY IMPROVEMENT DISTRICT
RELATIVE TO THE METHOD FOR DETERMINING THE EQUIVALENT
RESIDENTIAL CONNECTIONS NECESSARY FOR COMMERCIAL DEVELOPMENT
UTILIZING THE DISTRICT'S POT ABLE WATER AND WASTE WATER SYSTEMS
In accordance with Chapter 190, Florida Statutes and Chapter 120, Florida Statutes, the
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT hereby gives notice of
its intention to develop a rule related to the method for determining the number of equivalent
residential connections necessary for commercial development utilizing the District's Potable
Water and Waste Water Systems.
The purpose and effect of the rule is to provide a method for the District to calculate the
impacts and demands of commercial development on its potable water and waste water systems
and to allocate those impacts and demands on the basis of equivalent residential connections.
Specific legal authority for the rule includes Sections 190.011(5), 120.54 and 190.012(1), Florida
Statutes.
A Copy of the currently proposed rule may be obtained by contacting the District Manager,
at 210 North University Drive, Suite 800, Coral Springs, Florida 33071 or by calling (954) 753-
5841.
,r W..
1611
to
CHANGE ORDER
Fi r:: ft~f.li.LE [j
DEe .1 /] 1005
Dated
November 09.2005
II,:",.!
'!l .' ,Or
'. ::~ /NC
OWNER's Bid: June 9. 2005
ENGINEER's Project No.
2004.124
Project Water Main Replacement & Irrigation Line Extension
CONTRACTOR: Florida State Underground. Inc.
Contract For
Utility Construction
Contract Date:
September 06. 2005
To:
Florida State Underground. Inc.
CONTRACTOR
You are directed to make the changes noted below in the subject Contract as per the attached sketches:
1) Furnish & install approximately 420 If (additional) 8" PVC water main.
2) Furnish & install 2 ea (additional) 8" gate valveslRMJ.
3) Disconnect/reconnect 2 ea (additional) existing hydrants.
4) Disconnect/reconnect I ea (additional) existing service.
5) Delete 2 ea connect to existing 8" water main.
6) Furnish & install approximately 48 If (additional) 4" PVC service sleeve under existing road.
7) Furnish & install approximately 100 If2" PVC water main.
8) Disconnect/reconnect 1 ea existing lateral.
Enclosure: 3 Sketches
These changes result in the following adjustment of Contract Price and Contract Time:
Contract Price Prior to This Change Order $
Net Increase (Deere8se) Resulting from This Change Order $
Current Contract Price Including This Change Order $
328.651.29
25.000.00
353.651.29
Contract Time Prior to This Change Order Substantial: 90 Days Final: 110 Days
(Days or Date)
Net (Increase )(Ik",u:;Cl:)'!jResulting from This Change Order 28
(Days)
Current Contract Time Including This Change Order Substantial: 118 Days Final: 138 Days
(Days or Date)
POI Water/Irrigation Mains
CHANGE ORDER 1... :2-.
~
1611
\;.v, ....
Notes
I) The agreed upon cost of the above work items is $27,702.00. Of this amount, $25,000.00 is to be
billed to "Change Order #2", and $2,702.00 is to be billed to "Allowance for Owner Changes".
2) Besides the additional work included herein, the above time increase is intended to compensate for
time lost due to hurricane Wilma per Florida State Underground correspondence of November 16,2005.
The Above Changes Are Approved:
HOLE MONTES. INC.
ENGINEER
By
Dated
~
"~,
/. &6
The Above Changes Are Accepted:
-O'~
POI Waterllrrigation Mains
CHANGE ORDER I
,
HM
HOLE MONTES
f'JGINfERS PI, AN~ERS SURVEYORS
950 Encore Way. Naples, Florida 34110. Phone: 239 254,2000' Fax: 2392542097
1611
November 1, 2005
RECEIVED
I': ),1 (I 2 2005
Mr. Edward Goscicki
Severn Trent Services
4837 Swift Road
Suite 100
Sarasota, FL 3423l
RE: FLORIDA STATE UNDERGROUND PAYMENT APPLICATION NO.1
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT
WATER MAlN REPLACEMENT & IRRIGATION LINE EXTENSION
HM File No.: 2004.124
Dear Edward:
Enclosed please find two (2) copies of the Florida State Underground Application for Payment
No.1 in the requested amount of $34,296.61, dated and signed October 25, 2005, for work
through October 25, 2005, and received by Hole Montes on October 28, 200 ole Montes has
review~d this request and recommends payment in the amount 0(tf6,672.72, n the
followmg: '--"'-"~'
1. Item #1 shows a quantity of 400 (total dollar amount of $21,800.00), which is incorrect.
No work was done during this period.
2. Item #6 shows a quantity of 40 (total dollar amount of $1,040.00), which is incorrect.
No work was done during this period.
3. Item #13 shows a quantity of 80 (total dollar amount of $3,756.00), which is incorrect.
No work was done during this period.
4. Item #20 shows a quantity of 0.5 (total dollar amount of $7,750.00), which is incorrect.
No work was done during this period.
5. Item #11 was not added in the total column of the Pay Application. Amount of
$7,750.00 should be added.
6. Item #20 was not added in the total column of the Pay Application; however, this
amount is incorrect. See Number 4 above.
7. Fuel Surcharge of 2% is not approved.
We expect Pay Application No.2 to have these changes incorporated into the Previous Quantity
and Previous Payment amounts prior to submission.
Please ensure that a copy of Florida State's letter of transmittal with the Hole Montes date stamp
is forwarded to the POI CID's Accounts Payable Department along with the Application for
Payment.
Naples. Fon Myers' Venice
FLORIDA STATE UNDERGROUND, INC.
4540 Domestic Avenue
NAPLES, FLORIDA 34104
1611
[lJ~W~[]3 @[? 1J~~@~D1JlJ&l1
(239) 643.6449
FAX (239) 643.6891
Rf,:
TO
Hole Monte, Inc
950 Encore Way
Naples, FL. 34110
Communit
WE ARE SENDING YOU
>
I&l Attached
[1 Under separate cover via
o Shop drawings
~j Copy of letter
LJ Prints
w Change order
- - Plans
LJ Samples
the following items:
o Specifications
LJ
COPIES DATE NO. DESCRIPTION
i 10/?C;/OC; 1 lI.nnl;,..~t.ion for -
---- -- ._._____ -0 __.._ __ .__. ..____~_._. ____.______~., .___. ,..__. ,... .__"_ . u .. . - .. ..,
THESE ARE TRANSMITTED as checked below:
>
IX For approval
:x For your use
:x As requested
For review and comment
[] Approved as submitted
o Resubmit
copies for approval
o Approved as noted
Returned for corrections
o Submit
copies for distribution
corrected prints
'-I Return
FOR BIDS DUE
REMARKS .__
n PRINTS RETURNED AFTER LOAN TO US
--,-~
COPY TO
file
CVK
SIGNED:
If enclosures are not as noted, kindly notify us at once.
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ATTORNEYS
AT lAW
Northern Trust Bank Building
4001 Tamiami Trail North, Suite 330
Naples FL 34103-3060
Telephone, (239) 263-1480
Facsimile: (239) 649-0158
www.SalvatoriAndWood.com
JA2JJ
. LVATORI
WOOD
Robert H. Eardley
Leo J. Salvatori
Casey K, Weidenmiller
C. Lane Wood
November 8,2005
RECEIVED
NOV 1 0 2005
VIA U.S. MAIL
Mr. Edward Goscicki
Severn Trent - Avatar Utility Services, LLC
4837 Swift Road
Suite 100
Sarasota, FL 34238
Re: Port of the Islands Community Improvement District
Dear Mr. Goscicki:
I represent Bayview Villas, LLC, a Florida limited liability company ("Bayview").
As you may know, Bayview is the owner of approximately 45 acres of vacant land on the
north side of U. S. 41, straddling what is known as Union Road down at Port of the
Islands. Bayview is in the final stage of permitting for a residential condominium project
to be known as Orchid Cove, which should begin construction prior to year's end. The
project is presently slated for 144 residential units to be built in 36 buildings, but the
applicable zoning and available acreage would easily accommodate 160 units in 40
buildings if enough water and sewer connections were made available to the project.
Bayview presently owns enough Equivalent Residential Connections ("ERCs") to support
just 146 units and is seeking to purchase up to 12 additional ERCs for allocation to the
project lands.
I recall from attending meetings of the Board held earlier this year that the Board
discussed the issue of present water and sewer connections and plant capacity and
commissioned a study by the District's engineer to determine the feasibility of adding
new capacity (i.e. ERCs). I also seem to recall that the plant, in its present condition,
possesses a limited amount of excess capacity which could support the creation of a few
additional ERCs without significant upgrade of existing plant equipment or the
construction of new improvements. Assuming that to be the case, if you would be so
kind as to provide this letter to the Board as an expression of interest by my client and
an offer to purchase any additional ERCs the District may be willing to provide, I would
be most appreciative.
I understand from discussions at the prior Board meetings that constraints may
exist as to what can actually be charged for ERCs, but my client nevertheless wishes to
make it known that it would be willing to purchase ERCs at a rate not exceeding $25,000
per ERC. I also understand from those same discussions that the exact valuation of
available ERC units could take some time, but will likely be far less than my client's
stated offer price. Thus, in order to avoid any unnecessary delay in processing our
Prolaw: 31954
.. Mr. Edward Goscicki
November 8, 2005
Page 2
1611
request, my client would be willing to pay the entire maximum offer price at the present
time ($300,000 for 12 ERCs) and wait for any refund from the District, if applicable.
Please do not hesitate to contact me if the Board should have any questions or
comments about this offer. I would be happy to appear on behalf of my client at the next
regularly scheduled Board meeting to further discuss the matter. I can even bring funds
made payable to the trust account of the District's attorney as good faith evidence of my
client's willingness and intent to perform. In the meantime, I will await a reply from you
or the Board.
Respectfully,
(?TORI WOOD, P.~
C. Lane
CLW/sn
cc: William T. Higgs (via facsimile)
John Agnelli (via e-mail)
Prolaw: 31954
1611
Attendance Confirmation
for
Board of Supervisors
r.____________________________________________________
District Name
Port of the Islands
1'8')
November ~ 2005
\
Board Meeting Date
Name In Attendance Fees involved
(please f) (Yes/No)
Richard Gatti D yes, $200 (50'0 split GF & WS)
Dale Lambert D yes, $200 (50'0 split GF & WS)
Norine Dillon D yes, $200 (50'0 split GF & WS)
Dick Ziko D yes, $200 (50'0 split GF & WS)
Ted Bissell D yes, $200 (50'0 split GF & WS)
The supervisors present at the above referenced meeting should be compensated accordingly
Approved for Payment
District Manager Signature
Date
r_____________________________~_______________________
**RETURN SIGNED DOCUMENT TO MARINA HERNANDEZ**
Port of the Islands
Community Improvement District
Combined Balance Sheet
October 31, 2005
1611
Fund Types Ia1a1s.
(memorandum
A..s.s.ct.s Gencra.L Debt Service F.nterprise only) 7()()S
Cash
Operating Account $542,073 $936,528 $1,478,601
Accounts Receivable $255 $15,176 $15,431
Investments
State Board $460,846 $71,467 $532,313
State Board - Reserve $72,737 $72,737
Reserve Account $15,061 $15,061
Revenue Account $560 $560
Redemption Account $3,171 $3,171
Sinking Fund $0
Interest Account $11,220 $11,220
Accrued Interest Receivable $0
Other Assets $200 $200
Due from Other Funds $60,648 $20,138 $54,650 $135,436
Prepaid Expenses $6,548 $6,548
Deposits $0
Plant & Equipment $4,218,621 $4,218,621
Property $90,480 $90,480
Amount Available/Debt Service $0
Amount to be Provided/Long Term Debt $0
!ITotal Assets $1,143,307 $50,151 $5,386,922 $6,580,380 II
Lia bi Ii ties
Accounts Payable $26,076 $23,537 $49,613
Due to Other Funds $97,499 $17,799 $115,298
Contracts retainage/Payable $781 $781 $1,562
Customer Deposits $23,538 $23,538
Note Payable - Backhoe $0
Bonds Payable $0
Matured Principal Payable $30,000 $30,000
Matured Interest Payable $548,100 $548,100
Fund Equity, Other Credits
Investments in General Fixed Assets $0
Contributed Capital $5,121,134 $5,121,134
Retained Earnings $200,133 $200,133
Fund Balances
Designated for Reserve $72,737 $72,737
Unreserved $946,214 $946,214
Reserved for Debt Service ($527,949) ($527,949)
Reserved for Capital Projects $0
IITotal Liabilities, Fund Equity & Other Cred $1,143,307 $50,151 $5,386,922 $6,580,380 II
-1-
Port of the Islands 1611
Community Improvement District
General Fund
Statement of Revenues & Expenditures
For The Twelve Months Ended October 31, 2005
Prorated Budget Actual
thru 10/31/05 thru 10/31/05 Variance
Revenues
Maintenance Assessments $711,055 $59,255 $0 ($59,255)
Interest/Miscellaneous Income $5,000 $417 $457 $41
Total Revenues $716,055 $59,671 $457 ($59,214)
Administrative Expenditures
Supervisors Fees $6,000 $500 $500 $0
Payroll Tax Expense $459 $38 $38 $0
Engineering Fees $22,000 $1,833 $0 $1,833
Attorney's Fees $12,000 $1,000 $5,193 ($4,193)
Annual Audit $5,000 $417 $0 $417
Compliance Services $0 $0 $0 $0
Management Fees $21,634 $1,803 $0 $1,803
Computer Fees $750 $63 $0 $63
Records Storage $50 $4 $0 $4
Rebate Calculation $0 $0 $0 $0
Trustee Fees $0 $0 $0 $0
Property Appraiser $12,000 $1,000 $13,369 ($12,369)
Assessment Roll $8,400 $700 $0 $700
Tax Collector $5,000 $417 $0 $417
Travel & Per Diem $0 $0 $0 $0
Telephone $350 $29 $0 $29
Postage $5,000 $417 $84 $332
Rentals & Leases $1,200 $100 $0 $100
Insurance $12,004 $1,000 $0 $1,000
Prin ting & Binding $2,000 $167 $0 $167
Legal Advertising $2,000 $167 $102 $65
Other Current Charge $600 $50 $0 $50
Office Supplies $350 $29 $0 $29
Dues & Licenses $175 $15 $0 $15
Capital Outlay $500 $42 $0 $42
Total Administrative Expenditures II $117,472 $9,789 $19,287 ($9,497)11
- 2 -
Port of the Islands
Community Improvement District
1611
General Fund
Statement of Revenues & Expenditures
For The Twelve Months Ended October 31, 2005
- 3 -
Port of the Islands
Community Improvement District
1611
Debt Service Fund
Statement of Revenues & Expenditures
For The Twelve Months Ended October 31,2005
Debt Service Prorated Budget Actual
Budget thru 10/31/05 thru 10/31/05 Variance
Total Expenditures $883,900 $6,875 $0 $6,875
Excess Revenues (Expenditures) I $0 $66,783 $3,757 ($76,776)1
Beginning Fund Balance $0 ($531,706)
Ending Fund Balance $0 ($527,949)
* Includes costs related to legal services
- 4 -
- 5-
Port of the Islands
Community Improvement District
1611
Water & Sewer
Statement of Revenues & Expenditures
For The Twelve Months Ended October 31,2005
Water & Sewer Prorated Budget Actual
Bud et thru 10/31/05 thru 10/31/05 Variance
Maintenance Expenditures
Personnel $60,000 $5,000 $4,526 $474
Overtime Pay $0 $0 $0 $0
Bonus Pay $0 $0 $0 $0
FICA Expense $4,590 $383 $346 $36
Health Insurance $1,680 $140 $0 $140
Pension $3,600 $300 $0 $300
Workers Compensation $3,000 $250 $0 $250
Contractual Services $25,000 $2,083 $0 $2,083
Telephone $6,300 $525 $103 $422
Utilities $32,414 $2,701 $112 $2,589
Rentals & Leases $3,543 $295 ($780) $1,076
Repairs & Maintenance $20,000 $1,667 $0 $1,667
Operating Supplies $82,000 $6,833 $137 $6,697
Licenses $1,500 $125 $0 $125
Renewal & Replacement $250,000 $20,833 $17,510 $3,323
Total Maintenance $493,627 $41,136 $21,953 $19,18211
Total Expenditures $601,519 $50,127 $36,973 $13,153
Net Income (Loss) $303,107 ($25,106)
Beginning Retained Earnings I $225,239
Ending Retained Earnings $200,133
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."~'---"""''''''''~---'-'-
COLLIER COUNTY
CITIZENS CORPS ADVISORY COMMITTEE
1611
RECEIVED
JAN 3 1 2006
January 18,2006
Board of County Commissioners
V oting Members Present:
Walter Jaskiewicz, Coast Guard Auxiliary, Chair
Lt. Nancy Reed, Collier County Sheriffs Office
Reg Buxton, Greater Naples Chamber of Commerce
James Elson, Collier County Veterans Council
Gerry Sugarman, RSVP
Floyd Chapin, Community Emergency Response Volunteers
Deborah Horvath, American Red Cross
Voting Members Absent: Jerry Sanford, Collier County Fire Chiefs Association
Russell Rainey, Community Emergency Response Team
Doug Porter, Naples Civil Air Patrol I
Captain Alejandro Castillo, Salvation Army
Non-Voting Member Fire Chiefs Fiala . /
Organizations Present: Emergency Management Halas ~- . -...
Health Department Henning . ..--
. Coyle . ---
Meeting called to order at 3:00 p.m. Coletta ... ~:_.:::==-
Pledge of Allegiance recited and roll call taken.
Approval of Minutes
Motion made to accept the minutes of the December 21, 2005 meeting made by Gerry Sugarman and
seconded by Reg Buxton. Approved unanimously.
Threat Update
No specific information received, per Lt. Reed. Pay attention to any threat updates. Terrorism groups in
Cuba are working locally, including eco-terrorism. Report anything unusual to Law Enforcement.
Guest Speaker
Chief Bloom of Collier County Sheriffs Operations spoke to the group. He extended Sheriff Hunter's
and his own thanks to the group for having him as a guest speaker. Chief Bloom just returned from 3
months of training at the FBI National Academy, learning about terrorism in Florida and the U.S. The
Academy was put together by J. Edgar Hoover in 1935 and has the philosophy of better preparing local
agencies in order to help the Federal Government. At the first class in 1935, there were 35-40 people
attending the training; today, there are 4 classes held per year with 250 people attending each session.
There were 25-30 people from abroad (England, Spain, Egypt, Jordan). Classes included forensics,
international and domestic security, basic terrorism and security strategy classes for combating
terrorism, human behavior classes and media relations for police organizations. These were very
intensive classes and included term papers and tests. Of note, the benefit of attending this class is that
the folks at the Academy will come here to teach at no cost. Someone will be here for 4 days to go over
sworn statements and how to read into them.
Chief Bloom shared with the group that because part of Spain is on the border of Miscilfa:lJ~re is a huge
wall to try and protect Spain's border. 25-30 thousand people try to go over the b~\~:~~ I Db
Item#JIoI~\
Copies to:
1611
Collier County Citizens Corps Advisory Committee
January 18, 2006
Page 2
He learned strategies for combating terrorism and how 911 was dealt with. The FBI knows they cannot
do the job without local law enforcement, and are humble in regard to the local, county and state
agencies. Reviewed the PanAm 103 crash over Lockerbie. A piece of evidence the size of your pinkie
was what solved this case. Over 847 square miles of debris had to be sorted through. They found that
once one door was opened, it led to other doors opening. They walked through courtroom procedures,
where witnesses were behind tinted glass and had their voices distorted due to fear of retaliation by
Libyans. Everyone in the courtroom was behind bullet-proof glass.
Discussed the "black widows" in Chechnya -women suicide bombers. These women are very violent,
with children or anyone. It is no longer the Middle Eastern, 20-35 year-old male as a suicide bomber.
There was a class on terrorism and street gangs as well. A person spoke who had infiltrated one gang
and was very deep into it. The MS 13 El Salvadorian gang is in the U.S., with 8 documented members
here in Collier County. Los Vados is a new gang coming up from Mexico. This gang has been trained
by the U.S. in the early-mid 1990's to battle the cartels. After the cartels were broken up, this group
became a cartel - they are more violent than MS 13. Another issue with the gangs is human smuggling,
which goes on here in Southwest Florida, along with weapons and narcotics. Fourteen cases have been
prosecuted here in South Florida, with 12 here in Collier County.
Terrorism is active in this country. Sheriff Hunter is co-chair of the Region 6 intelligence task force.
Locally, we are aggressive in the marine border patrol. We have SWAT and marine teams, with two
boats and trained personnel who can answer any call within 30 minutes. Collier County was one of the
first in the state. Approximately twelve years ago the Sheriffs Department began a canine explosive
program, and currently has 3 dogs. The SWAT team in Collier County is recognized as one of three in
the region for being trained in combating terrorist activities. Chief Bloom is the SWAT Commander for
this region.
Questions and Answers
Walt Jaskiewicz asked if there was a hindrance in doing the job, with people's freedoms and liberties.
Chief Bloom said there is a hindrance, especially with the fine line with wire tapping. The Patriot Act is
complicated and really does no more than target terrorism. Rights need to be maintained, however,
times have changed since 911. It is difficult to stop the mentality in the culture and beliefs of people -
they are passionate. Chief Bloom believes the U.S. needs to take drastic steps to protect this country,
otherwise we will see worse things happen. Cases that he could not discuss have been prevented.
Russ Rainey asked how gang leaders get their money. Per Chief Bloom, through drugs, car theft, and
extortion. The MS 13 group's specialty is drugs. They are an adaptive street gang, involved with
organized crime. They blend in well. The Loraza gang works with narcotics and burglary. Los Zedas is
very well organized and works with kidnapping, ransom, and has even purchased hotels in Mexico.
Collier County has the support to clean up and stay ahead of street gangs.
Reg Buxton has done ride-alongs with the gang unit several times and commented that the County has a
very professional gang unit - they do a great job.
Chief Bloom left us with much to think about. If you need to contact him, his cell phone number is 253-
2538.
Many thanks to Chief Bloom for taking time to come and talk to our group.
1611
Collier County Citizens Corps Advisory Committee
January 18,2006
Page 3
New Business
Workshop
Our next meeting will be a workshop, held on February 15th beginning at 2:00 p.m. in the Risk
Management training room behind the Subway Restaurant. Please consider what you want to bring to
the workshop. Walt mentioned that the Citizen Corps could help with some of the smaller upcoming
hurricane seminars, which would be a focus in this workshop. Please bring any needs from your
organization. Per Jim von Rinteln, we should look at the preparation and education aspect of it - what
can the Citizen Corps do jointly to help the individual organizations. We also need to have more non-
voting members attend these meetings. The group can look at improving emergency preparation and
getting the various services out to the community.
Old Business
ESe Update
Jim V. said there will be meetings Thursday and Friday with the architects to go over the design of the
ESC and get the blueprints ready for bidding and to the Board of County Commissioners for approval.
This is being synchronized with the new library. Naples Lakes community is uneasy with this building.
There is no threat to the project, we want to inform them as to what will be on the site. We expect to
break ground this summer. There may be some money available from Governor Bush's emergency
preparation monies. The year-long delay has caused an increase of cost of this project, so we will be
looking at Federal and FEMA dollars as well. Please help to keep the Commissioners focused on
approving the budget to build this ESe.
Floyd Chapin asked if this request needed to go back to the Planning Commission for approval. Per Jim
V., it will be just an informational presentation to the Planning Commission. Please help to keep them
focused as well on the importance of this building. By not locking in the price, it has, no doubt gone up.
Other
Walt asked if there was any information from the Health Department regarding the flu season. Maria
Bernaldo of the Health Department said she has no information regarding the flu season. Will be
discussing the pandemic flu in the next few weeks. She will get the information to Jim V., who will
pass the information along to the group.
Next Meeting/ Adiourn
Our next meeting will be a workshop, held on February 15, 2006, beginning at 2 p.m. This will be held
at the Risk Management training room in Building D, behind the Subway Restaurant. Motion to adjourn
meeting at 3 :45 p.m. by Gerry Sugarman and seconded by Jim Elson. Approved unanimously.
Minutes submitted by Mary Ann Cole.
3:00
3:05
3:10
3:15
3:30
3:35
4:00
Citizen Corps Advisory Committee
Agenda January 18,2006
Pledge of Allegiance
Opening Remarks
Roll Call
Sheriff's Office
USCGA
Salvation Army
1611
Chairman
CERV Fire Chiefs
Red Cross Veterans Council
Chamber of Commerce
CERT
RSVP
CAP
EMS
Medical Examiner
Neighborhood Watch
City of Marco Island
EM
City of Naples
Cleveland Clinic
Approval of Minutes
Threat Update
Guest Speaker
New Business
Workshop
Old Business
ESC Update
Next Meeting/Adjourn
(Workshop February 15th at 2:00 p.m.)
Health Dept
Everglades City
NCH
Chairman
CCSO
Chief Bloom
Chairman
Chairman
Chairman
Jim von Rinteln
Chairman
1/~ ~-14c~ .
Florida Division of Emergency Management ( ~.,.~
Daily Status Briefing,~.,,/
For the Day of January 18, 2006 .....!~~:!1TI0"~A..~~.....
Reporting period: 1000 hrs 01/17/06 through 1000 hrs 01/18/06
I. Weather
A. State Forecast for Florida
Watches and Warninas:
...Freeze warning north central and northeast night...
...Wind chill advisory west of lake Okeechobee tonight...
The National Weather Service has issued a Red Flag Warning across the western
Florida Panhandle, Big Bend, and portions of western and eastern central Florida. Also,
a Fire Weather Watch has been issued for the western Florida Panhandle.
Weather Forecast for Florida - National Weather Service Office Miami
Wednesday - Mostly sunny in the north to partly cloudy in the south, except mostly
cloudy in the Florida Keys. Slight chance of mainly morning showers south and keys.
Highs around 60 in the north, to the lower to mid 60s central, with upper 60s south and
keys.
Wednesday Night - Mostly clear, except partly cloudy in the Keys. Areas of frost in the
north, central, and patchy frost in the southern interior. Lows mostly in the 30s in the
Panhandle, to the upper 20s interior big bend and north, to the 30s central and interior
south, with the 40s southwest, and the 50s along the southeast coast, to around 60
keys.
B. Hazardous Weather Outlook
Florida - Nothing new reported.
Tropical Outlook - National Hurricane Center
The official Atlantic Basin Hurricane Season ended on November 30, 2005. This
section of the daily briefing will resume on June 1, 2006.
C. Special Weather Report
Nothing new reported.
II. Infectious Diseases
A. DOH Health Alerts
STATUS:
Counties under Medical Alert for Mosquito-born Disease: Nothing new reported.
B. Arbovirus Diseases - Human Cases
Page 1
STATUS: Florida Arbovirus Summary Week of Jan. 08 - Jan. 14
"Arboviral activity in Florida" includes the following viruses: St. Louis encephalitis
[SLE], Eastern Equine Encephalitis [EEE], Highlands J [HJ], West Nile [WN] virus,
California Group [CAL], and Dengue.
1611
Weekly Update: One wild bird out of 6 captured in Washington County on 1/05/06
tested positive for antibodies to EEE virus. Two out of 10 wild birds captured 12/29/05 in
Washington County also tested positive for antibodies to EEE virus. These will be
counted as 2005 activity. There were four seroconversions to WN virus reported in
sentinel chickens from Glades (12/9/05, sero rate: 9.09), Hillsborough (12/13/05,
12/20/05, both sero rates 3.57), and Walton (North, 12/13, sero rate: 3.45) counties.
These will also be counted as 2005 activity.
The Fish and Wildlife Conservation Commission (FWCC) collects reports of dead birds,
which can be an indication of arbovirus circulation in an area. This week, 30 reports
were received on a total of 58 birds from 17 counties. Of the reported birds, two were
identified as corvids, and 4 were raptor species. Please note that FWCC collects
reports of birds that have died from a variety of causes, not only arboviruses. Dead
birds should be reported to www.mvfwc.com/bird/ .
Where biting mosquitoes are present, people are urged to take precautions against
getting bitten"
See the web page for more information: www.MvFloridaEH.com. The Disease
Outbreak Information Hotline offers recorded updates on medical alerts status
and surveillance at 888-880-5782"
J.alilitiisn';
o
o
o
c. Special Report
U.S. Takina The Lead In Fiaht Aaainst Bird Flu
USA TODAY - Posted 1/17/20067:16 AM Updated 1/17/2006 8:18 PM
BEIJING - The United States will commit at least $330 million to the global fight
against bird flu, increasing an earlier pledge as the disease spreads from Asia to the
edges of Europe, a World Bank official said Tuesday.
The pledge, which is expected to be announced here Wednesday at an international
donor's conference called to shore up the planet's defenses, represents a sharp
increase over a previous commitment of $270 million.
Page 2
III.
Terrorism
A. Homeland Security Threat Level
Elevated Condition (Yellow). An Elevated Condition is
declared when there is a significant risk of terrorist
attacks 0 In addition to the Protective Measures taken in
the previous Threat Conditions, Federal departments and
agencies should consider the following general measures
in addition to the Protective Measures that they will
develop and implement:
1. Increasing surveillance of critical locations;
2. Coordinating emergency plans as appropriate with
nearby jurisdictions;
3. Assessing whether the precise characteristics of the
threat require the further refinement of preplanned
Protective Measures, and;
4. Implementing, as appropriate, contingency and
emergency response plans.
1611
B. Reported Events: Bomb Threats and Suspicious Packages: as reported to the
Florida State Warning Point at the State Emergency Operation Center in Tallahassee
o
o
o
o
C. Special Events
o
10,576
399
1
NBA-Orlando Maaic vs. Washinaton
NBA-Miami Heat vs. San Antonio
Orlando
Miami
_ __ ~ ~~ _~~_~~1U~~~_~ -~_~ _~~_~_.__~___~~ _._~02~~:~l ;~__ ___ ~_~;__ __ ___ [~1 ~'1~_~ __~=;J
Jan., 18, 2006
Jan., 20, 2006
D. Terrorism News
State and Regional
Demand The Extradition Of The Terrorist Luis Posada Carriles
Dislnfoocom, NY - 7 hours ago - States is supposed to be in an all-out struggle against
terrorism. ... But the Bush administration and influential members of the Florida
congressional delegation ...
National
Three Held On Eco-Terrorism Charaes
Sacramento Bee, USA - 12 hours ago - By Denny Walsh -- Bee Staff Writer. Three
Page 3
1611
people described by the FBI as members of an "eco-terrorist" organization appeared
Tuesday... Complaint Provides Details About Aliened ELF Plot. Suspects KCRA.com
FBI arrests three suspected eco-activists Infoshop News
International
Pakistan Attack Killed at Least 4 Terrorism Suspects. US Says
Los Angeles Times, CA - 5 hours ago - The announcement by Pakistani officials that
the strike apparently killed foreign terrorism suspects appeared aimed at opposition
factions that have accused ... Confusion Shrouds Pakistan Attack Washington Post
Cyber Terrorism Jlnformation and Technologies
Nothing new reported.
Chern - Bio
Nothing new reported.
Cyber-security
Nothing new reported.
E. Homeland Security News
(Department of Homeland Security)
Check here for latest information.
State
State Says It's Prepared For Disaster
Tampa Tribune, Fl - 8 hours ago - The state's comprehensive emergency management
plan, already in place, will make up the bulk of Florida's response to Homeland
Security, Delorenzo said. ... 'Significant naps' reported in disaster EMS USA Today
FEMA Travel Trailers Must not be Moved PressZoom (press release) all 3 related }>
Cuba Policy
Sun-Sentinel.com, Fl - 5 hours ago - ... structures that physically linked the keys to the
Florida mainland in the... Immigration and Naturalization Service to the new
Department of Homeland Security. ...
Regional
Governor Budaets $4.5 Million For Homeland Security Center
Utica Observer Dispatch, NY - 19 hours ago - George E. Pataki has included $4.5
million in his proposed 2006-07 state budget for a proposed homeland security center
to be opened later this year at the ...
National
The Bush Administration Is Strikina Out On Cuba
Dallas Morning News (subscription), TX - 2 hours ago - Department of Homeland
Page 4
1611
Security sent home 15 Cuban refugees who made the gO-mile crossing in a battered
ship and landed on the pilings of a Florida Keys bridge ...
US Secretary Of State Approved The People Access Security Service ...
Travel Daily News International, Greece - 2 hours ago - The American Society of Travel
Agents (AST A) announced that US Secretary of State Condoleezza Rice and US
Secretary of Homeland Security Michael Chertoff have ... NBTA praises DHS-State
ioint vision for Travel and Border Security Travel Daily News International
all 2 related })
F. Illegal Immigrant Landing - Cuban and Haitian Illegal Immigrants: as reported to
the Florida State Warning Point at the State Emergency Operation Center in Tallahassee
Monroe 0 0 97 988
Miami-Dade 0 0 5 302
Palm Beach 0 0 27
Broward 0 0 1 3
Manatee 0 0 3 3
**Summary of Total: Cuban (1,281), Haitian (39), Hispanic (3)
G. War With Iraq
Department of Defense
Nothing new reported.
IV. Wildland Fire
A. Fire Weather Warnings
See above section, "State Forecast for Florida."
B. Fire Weather/Drought Indicators
Keetch - Byram Drought Index - Link to US Drouaht Monitor
MaD
Statewide Averaae: 274 Southeast: No update provided on Florida.
KBDI Between 300 & 399 - 15
KBDI Between 400 & 499 - 10
KBDI Between 500 & 599 - 4
KBDI Between 600 & 699 - 0
KBDI Between 700 & 799 - 0
Page 5
1611
KBDI- Jan 17, 2006
U.S. Drought Monitor Jan~'YlI!;..2OO6
.,~ ,.",,~ ,p" '';1 ~."
.....~r'." '\.:, ltj.:'-"~, -:,--'
.0
..... ~_r_
C ot~E)y ,-J .o.-___~
iII::::::::.- ....\JIOAUrIlI~ CCJ
.mDrllo#ll:.~ H.~I""
...",-, -- . !t!1:\t\ ''Ol a.. -
nr.,o.u..plltnlllr~m~~c:D"dIIO'!I_ : __ ~-.;:'..;::::: ~ \ZI _
1AlaI~-,..,. $M~"d..........." '.~____.'.m ._. n___.______,.___
"'~If--.n R.Ied~llI.rtnld1ly.~ '7..MOI
_;tldrvvghLloIn~ AIIIIIft: IJouJ;IuL.c--.CI'C.'ffQM
C. Wildland Fires Daily Update
V. Status of Florida's State Emergency Operations Center
A. Activation Status:
The State Emergency Operations Center (SEOC) is at a level 2 (Partial). This
activation coincides with the activation of both the Brevard Co. EOC and NASA/KSC
support facilities. The SEOC will remain at a Level 2 until one of the following conditions
occurs: Successful Launch, Launch Failure, or Expiration of the Launch Window.
B. Activation Event:
Pluto New Horizons Spacecraft. The Kennedy Space Center (KSC) is planning to
launch a deep space exploration vehicle powered by a radioisotope thermoelectric
generator (RTG). The primary risk associated with a launch anomaly and integrity
failure of the RTG is ingestion of contaminated material. The launch window opens on
01/17/06 at 13:24 EST (1:24 PM) and closes on 02/14/05 at 15:38 EST (3:38 PM).
C. County Reports To State Warning Point:
Nothing new reported.
VI. Other
None at this time.
Page 6
.....v ......_. 1 6 11
.~.~
~.~
IfEOITATION PROG
TRAINING ANNOUNCEMENT
Emergency Management Academy (EM-O 1 )
Who:
What:
When:
Where:
Cost:
How to
Register:
Questions:
Target Audience - This course is intended to train
personnel who are currently employed in the Emergency
Management field or those who are pending employment
in Emergency Management
This course is a two week intensive Emergency Management
course; including fundamental basics with practical
applications and course work related to the basic principles
of Emergency Management.
Prerequisites: Approval of the area Emergency
Management .Director, current or pending employment in
Emergency Management, with a maximum time not to
exceed three years.
Monday, February 13 thru February 24th, 2006
Pat Thomas Police Academy
85 Academy Drive
Havana, FI. 32333
No cost to applicants for lodging and meals
Register on-line:
http://www.floridadisaster.ororrraininoCalendar/index.asp
Contact Course Manager
Larry A. White
Florida Division of Emergency Management
(850) 413-0260
E-mail: larrv.white@dca.stateJl.us
1611.
.~
~
Collier County Government
Communication &
Customer Relations Department
3301 East Tamiami Trail .
Naples, FL 34112
Contact: Sandra Arnold-Lawson
Public Information Coordinator
(239) 774-8308
Jan. 9,2006
FOR IMMEDIATE RELEASE
NOTICE OF PUBLIC MEETING
COLLIER COUNTY CITIZEN CORPS ADVISORY COMMITTEE MEETING
COLLIER COUNTY, FLORIDA
WEDNESDAY, JANUARY 18, 2006
3 p.m.
The Collier County Citizen. Corps Advisory Committee will meet Wednesday, Jan. 18 at 3 p.rn. in the
Board of County Commissioners chambers, located on the third floor of the W. Harmon Turner Building,
Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples.
In regard to the public meeting:
All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in
writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be
limited to five minutes unles~ 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, as amended, requires that all lobbyists shall, before engaging in any
lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an
advisory board or quasi-judIcial board), register with the Clerk to the Board at the Board Minutes and
Records Department.
If you are a person with a disability who needs any accommodation in order to participate in 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 von Rinteln at 774-8000.
-End-
02/06/06 18:35 FAX 6433266
COLLIER COUNTY
AGENDA
16~rl
COLLIER COUNTY CONTRACTORS' LICENSING BOARD R E
DATE: FEBRUARY;15, 2006
TIME: 9:00 A.M.
l\IFD
I 1-. "-'"
u :}OD6
Hearn: 0; t;CUllf'v (;0;11ITl!ssioners
W. HARMON TURNER BUILDING
(ADMINISTRATION BUILDING)
COURTHOUSE COMPLEX
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE
PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
III. APPROVAL OF AGENDA:
Fiala
Halas
Henning
coyle
Coletta ---
I. ROLL CALL
II. ADDITIONS OR DELETIONS:
IV. APPROVAL OF MINUTES:
DATE: January 18, 2006
V. DISCUSSION:
VI. NEW BUSINESS:
Charles S. Secker - Request to qualify a 2nd entity.
Claudia A. Sacacian - Request to qualify a 2nd entity.
VII. OLD BUSINESS:
VIII PUBLIC HEARINGS:
Case # 2006-03
Collier Countyvs Santos G. Guevara, Jr.
D/B/A Tropical Shield of Florida Inc.
Case # 2006-04
Collier County vs Todd Grupp
D/B/A T.A.G. Professional Carpentry, LLC.
IX. REPORTS:
X. NEXT MEETING DATE:
Wednesday, March 15,2006
Misc. Co~s:
Date:Ql:j ()...~I Dh
Item #: 110 T d.-C d-
Copies to:
1611
Memorandum
To:
Melanie Rodriguez, Administrative Aide
Board of County Commissioners
RECE\\lED
,
J
2'."'6
"': ~ II,; 1
L _U'1.~
Bc~}JO ot ,,>:JUC<'{';
From: ~ \T~A. Mott, Manager
G\\\Property Acquisition & Sales
t/'
Fiala /
Halas J.~
Henning_ Vr;
Coyle "7
Coletta
Date: January 25, 2006
Subject: Golden Gate Estates Land Trust Committee Meeting
Minutes
Melanie, please find attached a copy of the "approved" minutes from the
November 21, 2005 Golden Gate Estates Land Trust Committee Meeting.
In addition, attached are the Agenda's for the Committee meetings held in
2005 (January 24th, March 21 st, May 23rd, July 25th, September 26th and
November 21 st).
From this point forward, at the time of forwarding the approved minutes, I
will also provide the associated agenda.
Thank you.
Attachments as stated
Misc. Corres:
Oate:'p ;)..1 &;l8' / Db
Item #:) ~ ~;lc.~
Copies to:
Real Property Management Department
1611
GOLDEN GATE EST A TES LAND TRUST COMMITfEE
MONDA Y, NOVE:MBER 21,2005
mrnESTATION71-GOLDENGATEBOULEVARD
Charles ("Skip") VanGelder -Chairman
Stephen Greenberg -Vice-Chairman (absent)
Karen Acquard -Member
Jeff Curl -Member
Linda Hartman -Member
~~~~@WEW
Toni Mott -Property Acquisition & Sales Manager, Real Estate Services
Linda Sujevich -Administrative Secretary, Real Estate Services
Public attended: Roy Terry, Principal at Palmetto Ridge High School
Hector Moreno, GGE property owner
Delhi Pantoja, Mr. Moreno's sister
Paul Pacchiano, Attorney, representing Mr. Moreno
Ellen Chadwell, County Attorney Assistant
DISTRIBUTION:
Financial Report dated 9/30105
List of Completed Projects as of 11/7/05
GAC Land Trust Valuation Update dated 11/13/05
I. CALL TO ORDER
The meeting came to order at 7:02 P.M.
ll. APPROVAL OF MINUTES - September 26, 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.
ill. APPROVAL OF TREASURER'S REPORT
Toni reported an Ending Cash Balance of $1,361,941.07 and an Available Cash Balance of
$1,336,073.07. Linda made a motion to accept the Treasurer's Report and seconded by Karen.
All in favor.
IV.
Funding request for Big Corkscrew Island & Fire Rescue District (new)
1611
Chief Rita Greenberg was scheduled to appear but was unable to attend. Chief Greenberg sent an e-mail
to Toni requesting two parcels to locate stations on in the next 3-5 years. Toni sent Chief Rita a copy of
status reports, i.e.; the available list and the reserved list to look over.
Chief Greenberg's e-mail further stated that the District is also in the process of purchasing new SCBA's
(Self Contained Breathing Apparatus) and is generally offered a trade-in value on the old ones. Chief
Greenberg advised that the original apparatuses to be utilized for trade in were purchased via funding
through the Golden Gate Estates Land Trust Committee and that she is aware that there is a process for
the District to ask for allowance to utilize the trade in. Chief Greenberg informed Toni via the e-mail that
the District would be paying the cost of the new units. Toni advised the committee members that there is
a provision in our standard Agreement that addresses this issue. Toni informed the members that she had
advised Chief Greenberg that the trade in value has to be determined, the Committee would have to
approve the District utilizing the trade in and then an agenda item would have to be prepared to present
the Agreement to the BCC for approval. Toni advised Chief Greenberg that in the past the company that
was taking the item for trade in provided the trade in value.
The last item discussed in Chief Greenberg's e-mail was that the District wants to replace the attack truck
that was also purchased via funding through the Golden Gate Estates Land Trust Committee. Chief
Greenberg stated they would like to submit a proposal to the Committee to assist in the purchase of the
new truck and be authorized to utilize the trade in credit. Chief Greenberg did not have the cost of the
truck available at this time. Toni advised Chief Greenberg that the trade in issue would be handled as
outlined above and that this funding request could be added to the Committee's next agenda on November
21,2005
V. Land Partnership with Palmetto Ridge High School
Roy Terry, Principal of Palmetto Ridge High School, is requesting land to build homes. Mr. Terry said
the school has a program designated as a Construction Academy. Mr. Terry stated there are about 150-
200 students that are participating in the class that started last year. Mr. Terry also stated that a similar
program was implemented approximately 7 to 8 years ago at the Lely High School. The schools have a
working agreement and partnership with CBIA, (County Building Industry Association), Artisans Guild
and Community Bank. Mr. Terry said the students construct the houses from start to finish. Mr. Terry
said the students in the program at Lely High School have already had success in securing property and
designing and constructing homes. Upon completion of the home, it is sold and the school pays off the
bank loan and any other debts incurred during the process. The remaining monies are placed back into
the academy account. Mr. Terry said that many years ago the Lely High School program was able to
purchase property for $6000 to $8000. Mr. Terry said he realizes the cost of land is much higher in
today's market. Mr. Terry is requesting a partnership to provide the school with a lot in the Golden Gate
Estates area and upon completion and sale of the home the lot would be paid off.
Skip thanked Mr. Terry for his presentation to request the Committees assistance with this program.
However, the Committee is governed by the 1983 Agreement between Collier County and Avatar
Properties Inc. Skip stated that the constraints of the Agreement would prohlbit participation. Skip stated
the Agreement has very strict guidelines outlining how the land or the funds derived from the sale of the
lands is to be utilized (infrastructure in the form of libraries, EMS, parks, etc.) Skip said the properties
are available for purchase by anyone. Mr. Terry said the construction academy program would not
require the GAC Land Trust to participate in the actual building of the home. Skip suggested perhaps this
matter could be approached by having a delayed payment for the sale of the lot. Karen asked Toni if a
delayed payment would be possible. Toni will request a legal opinion from the County Attorney's Office.
Toni stated there are currently 7 parcels remaining on the available list and 5 of them are bUildabl1Ce 11
5 parcels are either under contract or a contract is pending and that there are 20 individuals on the waiting
list in the event these sales do not go through. Mr. Terry requested that he be put on the list to purchase a
lot. Mr. Terry thanked the committee for listening to his request.
VI. GGE, Unit 72, Tract 38 - Discussion
Mr. Moreno purchased a GAC parcel from the County in June 2002 and was advised the parcel was
buildable. A time line for this matter was e-mailedto the members today. Skip asked the members if
they had an opportunity to read through the information provided. Skip said he doesn't believe that this
Committee has any authority to enter into this situation. Skip said County staff has responded to Mr.
Moreno with potential options to resolve this matter, one of which is to purchase the parcel back from Mr.
Moreno. Skip stated that if there is a disagreement then this matter should be addressed through the Civil
Courts.
Skip asked the Committee members for their input. Karen said that when she purchased her property she
had a title company, surveyor and attorney involved in the transaction. Karen said if any of these
individuals had been involved in this transaction, it could have eliminated the problem that currently
exists. Karen said the County has offered to purchase the parcel back from Mr. Moreno. Karen asked if
the parcels are sold "as is" and Toni said yes there is a clause in our standard Agreement for Sale and
Purchase that states the parcels are sold "as is". Toni said it was staff's determination that the parcel was
buildable as indicated in the time line. Karen said that County staff made an error and that the offer to
purchase the parcel back at the price he paid is the only offer the Committee could consider making. Skip
said he doesn't know if this Committee has the authority to make this decision and Karen said the
Committee could ask the BCC if this was a doable solution. Skip asked if this issue had been presented to
the BCC and Toni said it has not.
Attorney Paul Pacchiano said that he is representing Mr. Moreno. Attorney Pacchiano said that Mr.
Moreno purchased this parcel from the County on May 9, 2003. Attorney Pacchiano said that Mr.
Moreno was provided a list of buildable lots and he chose this particular lot and paid valuable
consideration in the amount of $11,700. Attorney Pacchiano said that when Mr. Moreno applied for a
building permit he was informed that this parcel was only 1.59 acres, which is not a grossly substandard
lot as there are many other lots in the immediate vicinity that are built on 1.14 acres, right next door, so it
would not stick out like a sore thumb as it is almost 1.6 acres of land. Attorney Pacchiano said there are
lots that are 75 feet in width. Attorney Pacchiano said that Mr. Moreno proceeded in good faith,
purchased this lot and the County represented that it was buildable and now he has this lot that he cannot
build on. Attorney Pacchiano said that they are only asking for some consideration that Mr. Moreno get
value that he paid for.
Delhi Pantoja, Mr. Moreno's sister, spoke on his behalf. Ms. Pantoja said that the County made an offer
to Mr. Moreno to pay him back what he paid for the lot. Ms. Pantoja said everyone knows that with
today's market that lot is worth a lot more money. Ms. Pantoja said that Mr. Moreno wasted the money
he put into this lot because what is he going to buy for $11,700 these days, nothing. Ms. Pantoja said that
he was given a list by the County as to buildable lots, so the County misrepresented what they were
selling. Ms. Pantoja said she doesn't believe it is fair that somebody that works for a living for the City of
Naples has to loose his money that he put into this lot. Karen advised Ms. Pantoja that they have come to
the wrong people as this Committee is not the County. Karen said this is a Land Trust Committee and the
money from the sale of the land is used to fund the libraries, the fire stations, EMS stations, to help the
Schools with funding requests, etc. Karen said Mr. Moreno has an issue with the County they need to
take it to the County. Ms. Pantoja said they probably need to proceed with whatever it is they need to do.
Ms. Pantoja said that all they want is a buildable lot and the County has buildable lots and Mr. Moreno
wants his non-buildable lot to be traded for a buildable lot. Skip said that this Committee is not equipped
or has the authority to make any type of judgment on this matter. Skip stated that he doesn't belilvLatll
this is the forum they need to be in for this issue to be addressed. Skip said Mr. Moreno needs to -~ ~er
in the Civil Courts or approaching the County. Mr. Pacchiano asked the Committee if they didn't have
the authority to exchange this 1.59 acre parcel for another 1.59 acre parcel and Skip said the Committee
does not. Skip said that any action taken by this Committee is only a recommendation to the BCC and
they have the final authority to make the decision on any recommendation that comes from the
Committee.
Linda asked Assistant County Attorney Ellen Chadwell if when the County had the list of buildable lots,
did the County state that 100% of the lots on the list were buildable. Toni said that the list indicated
buildable and non-buildable lots. Toni said that when the research was done to determine the buildable
status of the lot Mr. Moreno purchased, it was done incorrectly and the County found out after the lot was
sold to Mr. Moreno that it was non-buildable. Linda said did the County guarantee that the lot was
buildable and Toni said that staff did determine that the lot was buildable and that is how it was appraised
as a buildable lot. Toni said two years later when Mr. Moreno went to either sell the property or a permit
was going to be pulled, that is when it was determined that the parcel was non-buildable. Toni said that
since the time the County was notified that the parcel sold to Mr. Moreno was non-buildable, staff has
been making every attempt to resolve the issue.
Attorney Chadwell introduced herself and advised the Committee members that she had suggested to
Toni to bring this matter before the Committee and that yes the Committee is correct in that they don't
have any authority to make the final decision in this respect. Attorney Chadwell said that from a legal
standpoint she believes that the County has done, since it was a mutual mistake and there was no
intentional misrepresentation by the County, we feel legally we have made an offer and remedy that
would be available to them in court. Attorney Chadwell said the BCC can decide to do what it chooses to
do and could decide to exchange properties subject to the right of reverter that all properties must have.
Attorney Chadwell said it was her thinking to give the Committee members the opportunity to consider
this issue and perhaps make a recommendation to the BCC if they feel strong enough, but it is really a
policy decision at this point whether some other relief be afforded to Mr. Moreno. Attorney Chadwell
said the Committee can simply choose to take no action. Attorney Chadwell said she felt it best to run
this issue through the Committee first before going to the BCe.
Linda asked how long Mr. Moreno has owned the lot and Toni said the closing took place June 3, 2002.
Linda asked if they have been trying to build on this lot since they purchased and Toni said no that on
August 25,2004 the County was informed that Mr. Moreno was advised the parcel was non-buildable and
from that point until now staff has been trying to find a viable solution. Linda said there a1"efibt that
many lots left on the available list.
Skip asked if anyone wishes to put a motion on the table for discussion. Linda made a motion that no
action be taken by this Committee and let the matter proceed through normal legal channels or whatever
direction Mr. Moreno decides to take to remedy the situation. Jeff seconded the motion. All in favor.
The committee members were in agreement that this was a sad situation, but this Committee cannot
resolve the issue. It was further noted that there are no comparable parcels to make an equitable exchange
as the values are significantly higher now.
""
VII. Request for Funds from Big Corkscrew Island & Fire Rescue District (update)
Toni informed the members that two invoices have been paid in the amount of $37,232 and there is a
remaining balance of $22,968 available for reimbursement. Toni advised the members that staff had
received the necessary invoices and backup information to process the final payment of $22,968. The
check has been processed and will be obtained from the Finance Department on Wednesday, N<1ez:t..er 11
23, 2005. Staff will forward the check to the Fire Department at which time this project will be cotplO
VDI. Request for Funds from Golden Gate Fire District (update)
Toni advised the members that the Agreement was hand delivered to the Fire District, but they were
unable to review, sign and return the Agreement by the deadline to meet our December 15, 2005 BCC
meeting. As a result, this item will be processed in January 2006.
IX. Request for Land transfer from Parks & Recreation Depar1ment - Oaks Blvd (update)
Toni stated that the Statutory Deed conveying the 5.22~acre parcel to the Parks & Recreation Department
for utilization as a neighborhood park was recorded on October 20, 2005. The transaction has been
completed.
X. Request for Land transfer from Parks & Recreation Department - 47+Acre parcel (update)
Toni informed the members that the Statutory Deed conveying the 47+Acre parcel to the Parks &
Recreation Department was recorded on November 16, 2005. Toni stated that Phase I is complete. Toni
said there is verbiage contained in the Statutory Deed that the GAC Land Trust Committee shall have the
final say on all plans for any subsequent owners. Toni said this verbiage will be included in any and all
subsequent deeds.
XI. Public Comment/Other Discussion
At the beginning of the meeting Toni provided the members with a list of Completed Projects as of
November 7, 2005 and a Land Trust Valuation Update as of November 13, 2005 for the remaining parcels
on the Available List and Reserved List.
XII. Next Proposed Meeting Date - Monday, January 23,2006 (7:00 p.m.)
The next meeting will be held at Golden Gate Fire Station #71. All in favor.
XID. ADJOURNMENT
Linda made a motion to adjourn the meeting at 7:43 p.m. Jeff seconded the motion. All in favor.
..
I.
II.
III.
'Y
V.
VI.
VII.
'dII.
:"'-r
i'.
X.
XI.
XII.
1611
Golden Gate Estates Land Trust Committee
January 24, 2005
7:00 p.m.
Fire Station 71 - Golden Gate Boulevard
Committee Members
Chairman: Charles ("Skip") VanGelder
Vice-Chairman: Stephen Greenberg
Member: Karen Acq uard
Member: Vacant
Member: Jeffrey Curl
AGENDA
Call to Order
Approval of Minutes - October 25, 2004
Approval of Treasurer's Report
Ending Cash Balance
A vailable Cash Balance
Committee Member Vacancy
A. Current Vacancy - Application from Linda Hartman
Conservation Collier Land Acquisition Program (update)
--Previous submitted letter dated July 8, 2004 - Request to purchase Reserved Land
Request for Funds from Big Corkscrew Island & Fire Rescue District (update)
Request for Funds from Golden Gate Fire District (update)
Funding request for School Bus ShelterIBike Rack
2005 Committee Report to BCC prepared by Chairman Skip VanGelder
Public Comment/Other Discussion
Next Proposed Meeting Date - Monday, March 28, 2005 (7:00 p.rn.)
Adjournment
1611
,;
t/'
,
Golden Gate Estates Land Trust Committee
March 21, 2005
6:00 p.m.
Fire Station 71 - Golden Gate Boulevard
Committee Members
Chairman: Charles ("Skip") VanGelder
Vice-Chairman: Stephen Greenberg
Member: Karen Acquard
Member: Jeffrey Curl
Member: Linda Hartman
AGENDA
1.'
I. Call to Order
II. Approval of Minutes - January 24, 2005
III. Approval of Treasurer's Report
Ending Cash Balance
A vail able Cash Balance
r I. Request for Funds from Big Corkscrew Island & Fire Rescue District (update)
2005 Committee Report to BCC prepared by Chairman Skip VanGelder (update)
VI. Public Comment/Other Discussion
VII. Next Proposed Meeting Date - Monday, May 23,2005 (7:00 p.m.)
VIII. Adjournment
\i
1611
Golden Gate Estates Land Trust Committee
May 23, 2005
7:00 p.m.
Fire Station 71 - Golden Gate Boulevard
Committee Members
Chairman: Charles ("Skip") VanGelder
Vice-Chairman: Stephen Greenberg
Member: Karen Acquard
Member: Jeffrey Curl
Member: Linda Hartman
AGENDA
1. Call to Order
II. Approval of Minutes - March 21, 2005
TII. Approval of Treasurer's Report
Ending Cash Balance
A vailable Cash Balance
N. Election of Officers
V. Request for Funds from Big Corkscrew Island & Fire Rescue District (update)
VI. Request for Funds from Golden Gate Fire District (update)
VII. Request for Land transfer from Parks & Recreation Department (update)
JvIII. Bus Shelters (update)
IX. Public Comment/Other Discussion
X. Next Proposed Meeting Date - Monday, July 25, 2005 (7:00 p.m.)
XI. Adjournment
I.
II.
III.
TV.
V.
VI.
VII.
VIII.
"T"r
.1.-".
1611
Golden Gate Estates Land Trust Committee
July 25, 2005
7:00 p.m.
Fire Station 71 - Golden Gate Boulevard
Committee Members
Chairman: Charles ("Skip") VanGelder
Vice-Chairman: Stephen Greenberg
Member: Karen Acquard
Member: Jeffrey Curl
Member: Linda Hartman
AGENDA
Call to Order
Approval of Minutes - May 23, 2005
Approval of Treasurer's Report
Ending Cash Balance
A vailable Cash Balance
Request for Funds from Big Corkscrew Island & Fire Rescue District (update)
Request for Funds from Golden Gate Fire District (update)
Request for Land transfer from Parks & Recreation Department - Oaks Blvd. (update)
Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update)
Public Comment/Other Discussion
Next Proposed Meeting Date - Monday, September 26,2005 (7:00 p.m.)
Adjournment
x
1611
Golden Gate Estates Land Trust Committee
September 26, 2005
7:00 p.m.
Fire Station 71 - Golden Gate Boulevard
Committee Members
Chairman: Charles ("Skip") VanGelder
Vice-Chairman: Stephen Greenberg
Member: Karen Acquard
Member: Jeffrey Curl
Member: Linda Hartman
AGENDA
I. Call to Order
II. Approval of Minutes - July 25,2005
III. Approval of Treasurer's Report
Ending Cash Balance
Available Cash Balance
C\!. Committee Member Vacancy
A. Current Vacancy - Application from Jeff Curl
V. Request for Funds from Big Corkscrew Island & Fire Rescue District (update)
VI. Request for Funds from Golden Gate Fire District (update)
VII. Request for Land transfer from Parks & Recreation Department - Oaks Blvd. (update)
VIII. Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update)
{;<;~:. Public Comment/Other Discussion
, -.
X. Next Proposed Meeting Date - Monday, November 28,2005 (7:00 p.m.)
XI. Adjournment
Golden Gate Estates Land Trust Committe~ 6 11
November 21, 2005
7:00 p.m.
Fire Station 71 - Golden Gate Boulevard
~f\
Committee Members
Chairman: Charles ("Skip") VanGelder
Vice-Chairman: Stephen Greenberg
Member: Karen Acquard
Member: Jeffrey Curl
Member: Linda Hartman
AGENDA
I. Call to Order
II. Approval of Minutes - September 26, 2005
III. Approval of Treasurer's Report
Ending Cash Balance
A vailable Cash Balance
IV. Chief Rita Greenberg - Funding request for Big Corkscrew Island & Fire Rescue District (new)
V. Roy Terry - Land Partnership with Palmetto Ridge High School
VI. GGE, Unit 72, Tract 38 - Discussion
VII. Request for Funds from Big Corkscrew Island & Fire Rescue District (update)
VIII. Request for Funds from Golden Gate Fire District (update)
IX. Request for Land transfer from Parks & Recreation Department - Oaks Blvd. (update)
X. Request for Land transfer from Parks & Recreation Department - 47+ acre parcel (update)
XI. Public Comment/Other Discussion
XII. Next Proposed Meeting Date - Monday, January 23, 2006 (7:00 p.m.)
XIII. Adjournment
1611
RECEI\/ED
FEB U 2 2006
Board of County Commissioners
· Fiala ___ ~.
Halas_~_ -
Henning_
Coyle _ ____
Coletta. __
2885 Horseshoe Drive
Naples, FL 34104
SUMMARY OF MOTIONS & MINUTES
January 10,2006
m. & IV. Approval of Agenda and Minutes from December 13, 2006 were
amended, approved and carried unanimously.
VI. Landscape Architect Report - Mike McGee
C. Update on Sunshine Project
The Committee discussed additional asphalt needed to prevent puddling
for $8,746.78. They questioned why this is an MSTU expense and
problem. Diane Flagg mentioned they will ask Engineering if they would
be willing to pay for it or cost share with the MSTU.
Barbara Segura moved to approve the correction in the road
suggested by Bonness not to exceed $8,746.78; with the undentanding
this will be submitted to the Engineering Dept. for additional money
for them. Second by Pat Spencer. Carried unanimously 4-0.
The Committee discussed the lighting issue. The PO could not be
retrieved. Removal of the light poles were discussed and decided they
would view the area at night and discuss it next month.
Barbara Segura moved, as long as it does not delay the Contractor,
they want to have an opinion whether they want all 7 poles pulled out
or only 3 at the next meeting. If it is going to cause a delay, pull them
all out. Second by Pat Spencer. Carried unanimously 4-0.
A brief 'workshop planning" session on the Review of the Golden Gate
Master Plan was held before adjournment. Workshops will continue at
each meeting.
Misc. Com~s:
Date: Od-f?. ~ J 0 (P
Item#:~
Copies to:
1611
1_,1)
2885 Horseshoe Drive
Naples, FL 34104
February 14, 2006
r-Q,l
~_.J
AGENDA
L Call Meeting to Order
ll. Attendance:
m. Approval of Agenda:
IV. Approval of Minutes: January 10, 2006
v. Landscape Maintenance Report - Advanced Lawn/Steve Fabiano
A. Maintenance Report
VI. Landscape Architects Report - Mike McGee
A. Landscape Update
B. Update on Sunshine Project - MikelDarryl
vn. Transportation Operations Report: Tessie SiUery
A. Current Budget
vm. Old Business
A. Update on Golden Gate Parkway Bridge -
B. Phoenix Pavers - Darryl
C. Update on Benches
IX. New Business
x. Public Comments
XI. Review, Discuss and Assess Master Plan
XI. Adjournment
The next meetlng.s scheduled for Mardi 14, 4:00 PM
At 6ekIen Gate Community Center
Naples, FL
1611
~
I
\'I'
2885 Horseshoe Drive
Naples, FL 34104
January 10,2006
Minutes
I. The meeting was called to order by Chairman Richard Sims at 4:08 PM.
II. Attendance:
Members: Richard Sims, Patricia Spencer, Ginger Martin, Barbara Segura (arrived 4:27)
Cheryle Newman (Excused)
County: Darryl Richard-Project Manager, Tessie Sillery-MSTU Coordinator, Diane Flagg-
ATM Director (arrived 4:42)
Others: Mike McGee-McGee & Assoc., Steve Fabiano-Advanced Lawn & Landscape, Sue
Chapin-Manpower Services
III. Approval of Agenda: Under "New Business" A. Report on MSTU Budget Meeting.
"Review of Master Plan" after Public Comments. No Workshop will be held.
Ginger Martin moved to accept the Agenda as amended. Second by Pat Spencer. Carried
unanimously 3-0.
IV. Approval of Minutes: December 13, 2005
Ginger moved to approve the Minutes of December 13, 2006. Second by Pat Spencer.
Carried unanimously 3-0.
V. Landscape Maintenance Report - Advanced Lawn/Steve Fabiano
A. Maintenance Report
. Mulched - (used round-up for weeds before mulching)
. Trees have been marked for removal and will be done next week
. Will check reasons for dry spots
. Debris being picked up
. Stumps removed, will fill with soil and sod or mulch
. Irrigation pumps upgraded to a variable speed
VI. Landscape Architects Report - Mike McGee
A. Landscape Update
. Head issues on irrigation
. Weeds under control
. Thryallis needs to be trimmed
. Not cleaning edge of curbing/debris etc.
(Barbara arrived at 4:27)
B. Master Plan - will discuss later
C. Update on Sunshine Project
. Meeting weekly with Contractor
1
1611
. Ready to place turn lanes etc.
. McGee & Assoc asked for a clarification whether a lane 10'9" is acceptable for
County Standards. An LDC was found for a 10' lane and is sufficient.
. Have Contractor with a ROW permit
. Additional asphalt needed to prevent puddling - $8,746.78
The Committee questioned why this is an MSTU problem and expense. It is an MSTU project,
but Diane Flagg mentioned they will ask Engineering if they would be willing to pay for it or cost
share it with the MSTU.
Barbara Segura moved to approve the correction in the road suggested by Bonness not to
exceed $8,746.78; with the understanding this will be submitted to the Engineering Dept for
additional money from them. Second by Pat Spencer. Carried unanimously 4-0.
It was noted that ifthere is puddling on any of the other roadways, they should call Road and
Bridge.
The Purchase Order for the lighting could not be retrieved. The existing lighting needs to be
removed. FP&L will remove it at no charge. If they are relocated, there is a charge. If removed,
need to put something back equal or better than what is there now. Traffic Operations will review
plans when submitted. The plan says to remove them - then new ones will be installed. More
discussion followed on lighting and the removal of the light poles.
Committee members will view the area at night and discuss it next month.
Barbara Segura moved, as long as it does not delay the Contractor, they want to have an
opinion whether they want all 7 poles pulled out or only 3 at the next meeting. If it is going
to cause a delay, pull them all out. Second by Pat Spencer. Carried unanimously 4-0.
Mike McGee submitted the request to the Contractor to submit the PE Plans.
VII. Transportation Operations Report: Tessie Sillery
A. Current Budget - Budget was distributed (Attached). Various items were covered
and discussed.
VIII. Old Business
A. Update on Golden Gate Parkway Bridge - Pat
No report
B. Update on Hunter & Coronado Curbing Letter - Pat
Rick reported he spoke to Lt. Hampton. Rick asked him for a letter suggesting they get a
pile of dirt for this area, but Lt. Hampton felt he did not want to get involved in the
politics. The Sheriffs office originally approached the Committee for help in that area for
curbing to prevent the constant driving in the median.
C. Phoenix Pavers - Darryl
90% is installed with the next shipment on order.
D. Update on Benches - Ordered and need Advanced Lawn to quote for storing and
install.
E. Report on Santa Barbara Widening - Darryl/Pam
No report
IX. New Business
A. Report of MSTU Budget Meeting - (handout attached)
The meeting was an explanation of the carry-over from year to year and how it is calculated.
The handout showed their individual Carry Forward analysis and figures.
X. Committee Member Reports - None
2
1611
XI. Public Comments - None
Break- 5:47 PM
Reconvened - 6:07 PM
Workshop Planninl! Session
- Rick gave the Committee his ideas according to the Workshop Agenda and Capital
Improvements.
- Mike McGee gave an update of the Master Plan and his suggestions of how the Committee
should proceed accordingly. The following are topics discussed:
. Much of the Information needs to be updated
. Not to remove any information from the book but put it in the back when projects are
finished.
. Work on Section 7 - "Phasing and Funding Schedule" - many changes have taken
place.
. Work on Section 5 - "Design Issues"
o Pedestrian Pathways
o Crosswalks
o Decorative Paving
o Lighting
o Actual Construction Plans
. Work out a schedule to proceed
. Time to look at millage rate according to what goals need to be accomplished -
whether the projects can be done under the present millage or if it needs to change.
. Need to fine tune to today's standards
. Pavers
o
.
Discussion followed on their present pavers in conjunction with staying with
the color or changing it. It was decided to keep the same pavers and color as
they will be able to give enough lead time in ordering additional pavers.
There are more companies that now stock them.
Lighting
o Darryl will check with Transportation Operations on the County paying for
the maintenance of the light poles if they are the Cobra fixtures. There is a
difference between Decorative lighting and Roadway lighting. A
clarification will be made in writing and given to the Committee at their next
meeting.
Fixture at CAT Bus Stops - Need clarification on who is maintaining them.
Irrigation - New County Control System
Plant Material - Post Hurricane
Curb & Gutter - planting or not - discussion followed
Increasing Millage rate - will need data to back up the reason and a "Needs
Assessment" will be required.
Improving Median with different plant material.
.
.
.
.
.
.
The Committee decided to set aside time at the end of each meeting to discuss and review the
Master Plan.
Being no further information to come before the Committee, the meeting adjourned at 7:04
PM.
The next meetlng.s sdleduled'OI" February 14, 4:00 PM
At Golden Gate Community Center
Naples, FL
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1611
HABITAT CONSERVATION PLAN
ADVISORY COMMITTEE
February 6, 2006
9:00 A.M.
Development Services Center,
2800 North Horseshoe Drive - Conference Room 610
I. Roll Call
II. Approval of Agenda
III. Approval of Minutes: December 19, 2005
IV. Old Business
V. New Business
a. Setting a Course of Action to address the BCC's direction of January 24th
b. Consideration of Date and Times of Future Meetings
VI. Public Comments
VII. Committee General Comments
VIII. Staff Comments
IX. Setting Next Meeting Date(s)
X. Adjournment
***********************************************************************************************************
Council Members: Please notify the Environmental Services Department Administrative Assistant no later than
5:00 p.m. on February 3, 2006 if you cannot attend this meeting (403-2424).
In addition to the opportunity for the general public to speak during "Public Comments", any member of the general
public will be allowed to speak on each Agenda item before the Committee takes any action or moves on to the
next item of the Agenda.
Misc. Corres:
Date: Dd-Id-~ 'O~
Item #: 10 1:. ?-L5
Copies to:
August 1,2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HABITIA T CONSERVATION PLAN ADVISORY
COMMITTEE
1611
R
\\iEO
Naples, Florida, August 1,2005
Boo::',;-:~
LET IT BE REMEMBERED, that the Collier County Habitat Conservation
Plan Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 9:00 AM in REGUALR
SESSION in Rooms 609/610, of the Development Services Center, 2800 ~
North Horseshoe Drive, Naples, Florida, with the following IIUmlhers,
t-Iala
present: Ha'a~
Henmng
Coyle
Coletta -"
Maureen Bonness
Richard Calabrese
Michael Delate - Absent
Vincent Lucas
Brain McMahon
Christian Mogelvang, M.D.
Christian Spilker
Sally Woliver
ALSO PRESENT: Bill Lorenz, Environmental Services Director
Mike W. Pettit, Chief Assistant County Attorney
David Weigel, County Attorney
Misc. Corres:
Date:
Item#:
Copies to:
1611
August I, 2005
Bill Lorenz addressed the Board Members at 9:05 AM to begin presentations, no business
was conducted this day, since the meeting was not properly noticed. This does not
constitute a formal meeting of the committee but a simple presentation of material by
staff.
I. Sunshine Law Presentation (County Attorney's Office)
David Weigel gave a Power Point Presentation on the Florida Sunshine Law including
the following points:
. There are three requirements for meetings under the Sunshine Law:
- Open to the Public
- Reasonable notice must be given
- Minutes must be taken
. Two or more members coming together with the possibility of a discussion on
related topics to the meeting in current concern or topics with possible future
concern is considered a meeting.
. Correspondence between two members can be considered a meeting.
. Conduits can not be used for communication.
. A letter can be sent to members by a member, but no member can respond
without incurring a possible violation.
. A knowing violation of the Sunshine Law can incur a second degree mister
meaner.
. An unknowing violation of the Sunshine Law can incur a non-criminal infraction.
Michael W. Pettit gave a Power Point Presentation including the following points:
. Public records are all materials made or received by an agency in connection with
official business which are used to perpetuate, communicate or formalize
knowledge, regardless of whether such materials are in final form.
. Any person in the public can access public records.
. The Right to Privacy is subordinate to the Public Records Laws and the Sunshine
Laws.
. Some public records can be exempt from disclosure.
. Civil and criminal penalties exist for a violation of the Public Records Act.
. The Florida Ethic Statute does not apply to committees that do not have final
decision making power.
. If employed by a company that provides products or services to the County that
might create a conflict of interest a member can participate but not vote.
. A Board Member must vote unless there is a conflict of interest.
. If a complaint or suit comes against a Board Member resolution number 95-632
makes provision for reimbursement or payment of legal costs.
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August I, 2005
A fifteen minute break was taken at 10:10 AM reconvening at 10:25 AM.
II. USFWS Presentation on Habitat Conservation Plans
Trish Adams, U.S. Fish & Wildlife Services, South Florida HCP Coordinator gave a
Power Point Presentation including the following points:
. Habitat Conservation Plan is designed to meet the needs of wildlife and land
owners.
. Impacts to federally listed species are quantified.
. A direct take will not be authorized, only incidental.
. The Habitat Conservation Plan process is voluntary.
. Creating an inclusive Habitat Conservation Plan for areas so that the processing
can be through the County and not have the burden fall upon each individual
property owner is encouraged.
. For further information on this the web address is
http://endagered.furs.gov Ihcp/hcpplan .htm
III. Committee Objectives/Work Schedule
Bill Lorenz gave a Power Point Presentation including the following points:
. The Purpose ofthis Committee is to assist the BCC in determining the feasibility
and desirability of developing and implementing a Habitat Conservation Plan to
provide for the protection of Red Cockaded Woodpeckers.
. Issues to be addressed:
-Technical Feasibility
-Financial Feasibility
-Community Acceptability
-Objectives and Work Plan
. A Chairman and Vice Chairman will be elected at the next meeting.
. It is the projected goal to be able to present the information discovered by this
Board to the Board of County Commissioners in February.
The next meetings will be on Monday August 15th and 29th, 2005 at 9:00 AM Rooms
609/610, of the Development Services Center, 2800 North Horseshoe Drive.
Members introduced themselves.
Bill Lorenz concluded the meeting at 11 :35 AM.
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August 15, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HABITIAT CONSERVATION PLAN ADVISORY
COMMITTEE
Naples, Florida, August 15,2005
LET IT BE REMEMBERED, that the Collier County Habitat Conservation
Plan Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 9:00 AM in REGUALR
SESSION in Rooms 609/610, of the Development Services Center, 2800
North Horseshoe Drive, Naples, Florida, with the following members
present:
CHAIRMAN: Christian Mogelvang, M.D.
Michael Bauer
Maureen Bonness- Absent
Richard Calabrese
Michael Delate
Brain McMahon
Christian Spilker
Sally Woliver - Via Telephone
ALSO PRESENT: Bill Lorenz, Environmental Services Director
Steven Griffin, Assistant County Attorney
I
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August 15,2005
I. Roll Call
The meeting was called to order at 9:07 AM by Bill Lorenz. Roll call was taken
and a quorum established.
II. Election of Chair and Vice Chair
Mr. Spiker nominated Michael Bauer for the position of Chairman. Second
by Ms. Woliver.
Michael Bauer declined the position.
Mr. Spiker withdrew his motion. Ms. Woliver withdrew her second.
Mr. McMahon nominated Dr. Christian Mogelvang for the position of
Chairman. Second by Mr. Delate. Carried unanimously 7-0.
Mr. Spiker nominated Michael Bauer for the position of Vice Chairman.
Second by Ms. Woliver. Carried unanimously 7-0.
III. Approval of Agenda
Mr. Bauer moved to approve the agenda. Second by Mr. Calabrese. Carried
unanimously 7-0.
IV. Approval of Minutes
None
V. Old Business:
None
VI. New Business
A. Committee Objectives/Work Schedule
Bill Lorenz gave a Power Point Presentation including following points:
· Charge to the Committee- Assist the Board of County
Commissioners in determining the feasibility and desirability of
developing and implementing a Habitat Conservation Plan to
provide for the protection of the Red Cockaded Woodpeckers.
· Technical Feasibility- Determine if it is feasible to provide for Red
Cockaded Woodpeckers protection.
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August 15, 2005
· A technical group will be giving presentations to this Committee
for educational purposes.
Mr. Bauer suggested a field trip to look at the Red Cockaded
Woodpecker's habitat.
Dr. Mogelvang would like to have clarification of terminology for trees.
Staff will research the feasibility of a field trip and report back to the
Committee.
Bill Lorenz Power Point Presentation continued:
· Single family development activities and impacts need to be
investigated.
Mr. McMahon moved to have more than one organization give
presentations. Second by Mr. Calabrese. Carried unanimously 7-0.
Mr. Calabrese is the President ofthe Golden Gate Estates Civic
Association; he will look into having information published in a monthly
newsletter.
Bill Lorenz Power Point Presentation continued:
· Habitat Conservation Plan acceptability to the Community.
· Procedures:
Fact Finding
Develop Preliminary Recommendations
Public Comment
Final Recommendations
Present to Board of County Commissioners
It is ideal to be in the position to make the presentation to the Board of
County Commissioners in February.
VII. Public Comments
Nancy Payton, Florida Wildlife Federation suggested evaluating the cost and
implication of not having a Habitat Conservation Plan, and exploring what the
Counties responsibilities are under the Endangered Species Act.
Brad Cornell, Collier Audubon and Audubon Florida noted that the County
has already performed a study of Red Cockaded Woodpeckers in North Belmeid.
In creating a Habitat Conservation Plan the process needs to be looked at.
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August 15,2005
Mimi Wolok implored the Committee to focus on the Habitat Conservation
Process, not the State Endangered Species Act.
VIII. Committee General Comments
Mr. Spilker would like to look into other Counties that have gone through the
process and get presentations from them.
Ms. Payton suggested Riverside California.
Mr. Delate moved to contact Riverside California to give a presentation.
Second by Mr. Bauer. Carried unanimously 7-0.
Ms. Woliver would like to follow the presented chart of feasibility for the
meeting schedule.
IX. Staff Comments
Mr. Lorenz informed the Committee that Vincent Lucas resigned from the
Committee a replacement will be explored. He also noted that the Website should
be available within the next two weeks.
X. Setting Next Meeting Date(s)
Mr. Spilker moved to have the meeting schedule set for every first and
second Monday of the month at 9:00 AM. Second by Mr. Calabrese.
Carried unanimously 7-0.
Dr. Mogelvang distributed documents.
The next meetings will occur on August 29th, and September 19th at 9:00 AM in
room 609/610 of the Development Services Center, 2800 North Horseshoe Drive.
There being no further business for the good of the County of Collier the meeting
was adjourned by the order of the Chair at 10:15 AM.
HABITAT CONSERVATION PLAN ADVISORY
COMMITTEE
Chairman Dr. Christian Mogelvang
4
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August 29, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HABITIAT CONSERVATION PLAN ADVISORY
COMMITTEE
Naples, Florida, August 29,2005
LET IT BE REMEMBERED, that the Collier County Habitat Conservation
Plan Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 9:00 AM in REGUALR
SESSION in Rooms 609/610, of the Development Services Center, 2800
North Horseshoe Drive, Naples, Florida, with the following members
present:
CHAIRMAN: Christian Mogelvang, M.D.
Michael Bauer
Maureen Bonness
Richard Calabrese
Michael Delate
Brain McMahon
Christian Spilker
Sally Woliver - Via Telephone
ALSO PRESENT: Bill Lorenz, Environmental Services Director
Steven Griffin, Assistant County Attorney
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August 29, 2005
I. Roll Call
The meeting was called to order by the Chair Dr. Christian Mogelvang 9:07
AM. Roll call was taken and a quorum established.
II. Approval of Agenda
Mr. Spilker moved to approve the agenda. Second by Mr. Calabrese.
Carried unanimously 8-0.
III. Approval of Minutes
Approval of minutes was tabled until the next meeting in order for members
to review them.
IV. Old Business:
A. Committee Objectives/Work Schedule
Bill Lorenz reviewed the handout "Outline of Work Program" which can
be sent to the BCC for informational purposes.
Dr. Mogelvang would like to have a copy of the Federal Legislation.
Bill Lorenz noted that the vacant position in the Committee would have to
be re-advertised. It could be eight to ten weeks before the position is
filled.
V. New Business
A. Habitat Conservation Plan (Trish Adams, USFWS)
There was an open discussion, covering the following points:
· A Habitat Conservation Plan is set up to conserve species while
allowing development.
· The HCP Handbook will be copied to Committee Members.
· "Take" is defined under section 9 of the Endangered Species Act
as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect any threatened or endangered species.
Sally Woliver was no longer connected via telephone at 9:30 AM.
· "Harm" is defined as significant habitat modification where it kills
or injures a listed species through impairment of essential behavior
(e.g. nesting or reproduction).
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August 29, 2005
· There are "takes" and "incidental takes".
· Examples of "take" and "harm" were given for varying species.
· Ifthere is a chance that birds would occupy an area after land
modifications, than the land would need to be taken into
consideration for an Hcr.
· It was debated as to the ability to use Federal or State Lands for
mitigation due to the lands already being under protection.
· Lands can be purchased for mitigation.
· Monitoring and Management would need to be addressed.
Ms. Bonness suggested management of lands as a goal, not the
acquisition.
Ms. Adams encouraged the Committee to look at HCP's for other species
simultaneously.
Mr. Lorenz noted that the Board of County Commissioners advised
looking into an Hcr for Red Cockaded Woodpeckers, not multiple
species. If the Committee returned with multiple species then it would
need to be recognized.
B. Schedule of Presentations to the Committee (Staff)
Mr. Lorenz presented the "Schedule of Technical Presentations".
Ms. Bonness moved to confirm the September 7th special meeting.
Second by Mr. Calabrese. Carried unanimously 7-0.
Ms. Bonness suggested looking into an M.O.V. or other possible
alternatives to an HCr.
Nancy Payton advised to have Sarasota and Charlotte Counties come in
to make a presentation.
Ms. Adams suggested having Indian River County also make a
presentation.
C. Web Site Information (Staff)
Mac Hatcher presented the web site on the overhead, demonstrating
links. The site is still being updated and revised. The web address is:
www.collief!!ove.net/environmental/HCPAC.htm
Mr. Spilker suggested a location for public comment.
VI. Public Comments
3
August 29, 2005
Nichole Ryan, Conservancy of Southwest Florida suggested adding a link to
"Defenders of Wildlife" on the web site.
VII. Committee General Comments
None
VIII. Staff Comments
None
IX. Setting Next Meeting Date(s)
The next meetings will occur on September 7th, and September 19th at 9:00 AM
in room 609/610 of the Development Services Center, 2800 North Horseshoe
Drive.
There being no further business for the good of the County of Collier the meeting
was adjourned by the order of the Chair at 10:35 AM.
HABITAT CONSERVATION PLAN ADVISORY
COMMITTEE
Chairman Dr. Christian Mogelvang
4
1611
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HABITAT CONSERVATION PLAN ADVISORY
COMMITTEE
Naples, Florida, September 7,2005
LET IT BE REMEMBERED, that the Collier County Habitat Conservation Plan
Advisory Committee in and for the County of Collier, having conducted business herein,
met on this date at 9:00 a.m. in REGULAR SESSION in Rooms 609/610, of the
Development Services Center, 2800 North Horseshoe Drive, Naples, Florida, with the
following members present:
CHAIRMAN: Christian Mogelvang, M.D.
Michael Bauer
Maureen Bonness
Richard Calabrese - Absent
Michael Delate
Brian McMahon - Absent
Christian Spilker
Sally Woliver
ALSO PRESENT: Marjorie Student-Stirling, County Attorney's Office
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I. Roll Call
The meeting was called to order by the Chair, Dr. Christian Mogelvang at 9:00
a.m. Roll call was taken and a quorum established.
II. Ms. Woliver moved to approve the agenda. Second by Mr. Delate. Carried
unanimously 6-0.
III. Approval of minutes (August 29, 2005)
IV. Old Business
A. Brief remarks on advertising were offered.
V. New Business
a. Red Cockaded Woodpecker Biology and Habitat Needs
A presentation was made by Dr. Jerry Jackson of Florida Gulf Coast
University. Points covered included:
. South Florida habitat more open with smaller, shorter trees.
· There has been an increase in Red Cockaded Woodpeckers in the
past ten years.
. Burning and timing of burning is important
. Birds benefit from larger cavities in trees.
. Each bird needs its own cavity.
. There can be as many as ten birds in a group.
· Too few cavities can lead to depletion of birds due to predators.
. Home range can be as much as 1,000 acres.
· Standing water promotes cattails which lessens growth of pines.
. Lightening causes fires promoting growth of pines.
. If under story grows to cavity height, RCW abandon cavity.
. Red Heart fungus allows RCW to use Pine trees as habitat.
. Cavities are used by many generations ofRCW.
· Takes trees 80 to 90 years to acquire heart rot.
. Cavities can be used by 50 species.
. Male RCW feeds above lowest branches.
. Female RCW feeds below lowest branches.
. Age, size of trees and sex of birds must be considered.
· There have been fewer natural fires; must rely on prescribed fires.
· Artificial cavities work, but are not as good as natural cavities.
. Birds have adapted to what is available now.
There was open discussion, covering the following points.
. Colony is misnomer.
. Clan refers to group inhabiting a cluster of trees
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. Cluster is a breeding group ofRCWs.
. Population is number of clusters in area, population of six clusters
is required for any hope oflongevity.
. Dispersion of trees is important.
b. RCW habitat needs in relation to HCPs in Florida (Roy Delotelle,
Biological Consultant)
Mr. Delotelle provided a presentation on RCW of Central and South
Florida.
. RCW hunt up a tree pulling up scales of bark looking for bugs.
. Ten percent of foraging is done in Cypress trees.
. Palmettos provide fuel for hot burns.
. Low grass fires that are fast moving are most desirable.
. Better survival rate is achieved in good habitat.
. Snakes prey on fledglings in cavities.
. Snakes need to be kept out of cavities and there are ways of doing
so.
. RCW keep their nests clean.
· Artificial cavities and translocation will help increase the
population where there is suitable habitat.
. Artificial cavities overcome problem of lack of cavity trees.
There was open discussion, covering the following points.
. Need to know how many RCW are on private lands.
. Could include panthers in HCP
. Issuance of building permits could constitute a take.
. Cabbage Palms have increased in numbers, compete with Pines
and need to be controlled.
. Take for RCW means cutting down trees, killing birds, putting
through roads.
. Land acquisition, habitat cleaning and artificial cavities are tools to
use to increase population. Habitat must be maintained.
. Combining areas to create one population will enhance species
survival.
. There were RCW in panther refuge in 1940s and Fakahatchee area.
. Vines provide avenues for snakes and should be controlled.
· There has been no County-wide look at RCW habitat on private
land.
VI. Public Comments
Trish Adams, Fish and Wildlife Service, Vero Beach, FL, stated Fish and
Wildlife Service is willing to provide best information to help with guidelines.
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Sally Woliver provided an excerpt from The New York Times titled "Community
Forestry Bids to Preserve Scenic West", attached.
VII. Committee General Comments
. Process will take a long time.
. Many lots on outer-lying land have gone up for sale. What
happens to land and RCW during time lapse.
. The FLU Sending designation will slow development pressure
somewhat.
. Will not stop issuing building permits.
. Fish and Wildlife, if it's a property with listed species, must come
to Fish and Wildlife for permit.
. Need to define "take". Ifa take, need HCP.
. To answer question of take, need to know what is being proposed.
. Take is defined as harm, harass and molest, habitat destruction,
disturbance, alternation of habitat, and fragmentation is basic
problem in Collier County.
. HCP will allow promoting connectivity.
. Suggested future meeting topic, effect of Right to Farm act on
permitting.
VIII. Staff
None.
IX. Setting Next Meeting Date(s)
No date was set.
There being no further business for the good of the County of Collier, the meeting
was adjourned by the order ofthe Chair at 11:15 a.m.
HABITAT CONSERVATION PLAN
ADVISORY COMMITTEE
Chairman Dr. Christian Mogelvang
1611
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HABITIAT CONSERVATION PLAN ADVISORY
COMMITTEE
Naples, Florida, October 3,2005
LET IT BE REMEMBERED, that the Collier County Habitat Conservation
Plan Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 9:00 AM in REGUALR
SESSION in Room 610, of the Development Services Center, 2800 North
Horseshoe Drive, Naples, Florida, with the following members present:
CHAIRMAN: Christian Mogelvang, M.D.
Michael Bauer
Maureen Bonness - Absent
Richard Calabrese
Michael Delate
Brain McMahon
Christian Spilker
Sally Woliver
ALSO PRESENT: Bill Lorenz, Environmental Services Director
Steven Griffin, Assistant County Attorney
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I. Roll Call
The meeting was called to order at 9:09 AM by Christian Spilker due to lack of
Chair and Vice-chair. Roll call was taken and a quorum established.
II. Approval of Agenda
Mrs. Woliver moved to approve the agenda. Second by Mr. Calabrese.
Carried unanimously 5-0.
III. Approval of Minutes August 29, 2005 and September 7, 2005
Michael Bauer joined the meeting at 9: lOAM and took over proceedings as
Vice-chair.
Mr. Delate moved to approve the minutes for August 29, 2005. Second by
Mrs. Woliver. Carried unanimously 6-0.
Mrs. Woliver moved to approve the minutes for September 7, 2005. Second
by Mr. Spilker. Carried unanimously 6-0.
IV. Old Business:
None
V. New Business
A. RCW Biology, Habitat Needs, Permitting History, and Population
Change in Collier County and the State of Florida (Kim Dryden,
USFWS)
Ms. Dryden introduced herself and gave a presentation including the
following points:
· Her efforts toward the conservation ofRCWs started in 1989.
Dr. Christian Mogelvangjoined the meeting at 9:16 AM and took over
proceedings as the Chairman.
· Areas of difficulty in preservation were reviewed.
· A cluster ofRCW can require 200-500 acres.
· Some areas the RCWs inhabited include Radio Rd. and Davis,
Livingston and Immokalee, North and South Belle Meade.
· Examples of property owner sabotage.
· It is important to have an incentive based program in order to avoid
a property owner problematic situation.
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· Onsite conservation easement is not always advantageous.
· (Pictures shown and referenced)
· There is a lack of coordination between the State and Federal
Government.
· Funds exist at the State level for RCW mitigation.
· Offer of review for any ideas since some have been tried already
that have worked and others that have not.
· Recommendations:
Purchase private lands for trade.
Tree protection.
Picayune Strand property management.
Land owner incentives- regulate process, and give more
development rights.
Questions addressed.
B. RCW Status and Conservation from a State Perspective (Robin
Boughton, FFWCC)
Ms. Boughton introduced herself and gave a Power Point Presentation
(see attachment) including the following points:
· Review ofRCW preservation proceedings since 1970's to present.
· There is a State approved management plan for RCWs.
· Conservation Goal review.
· Objectives are to increase the population by 20% over the next 20
years.
· Peninsula Management Unit review.
· Recovery Plan review.
· State / FWS Safe Harbor Agreement Power Point Presentation (see
attachment) :
Land owner agrees to restore habitat.
Increase species numbers or habitat.
Election of take above established baseline animal number.
Aimed at land owners who want to keep lands preserved.
Michael Delate left the meeting at 10:26 AM.
Recessed at 10:26 AM, reconvening at 10:38 AM.
C. Collier County Habitat GIS Analysis (Mac Hatcher)
Review of maps "Potential RCW Habitat and Zoned Urban and near
Urban Densities" and "North Belle Meade Overlay (NBMO) District -
RCW Observations and Habitat". Mr. Hatcher will add demarcation of
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State and Federally owned lands to the map "Potential RCW Habitat and
Zoned Urban and near Urban Densities". Explanation of "Receiving,
Sending and Neutral" areas on map "North Belle Meade Overly (NBMO)
District". Questions addressed.
Bill Lorenz addressed reevaluation of Neutral Section 24 on the "North
Belle Meade Overlay (NBMO) District" map.
Bill Lorenz noted two nominations have been received to fill the absent
Committee position.
VI. Public Comments
None
VII. Committee General Comments
Mr. Spilker thanked the County Staff for the maps.
Staff is working toward outlining each entities rules and regulations along with
ongoing programs. A sub-committee is suggested along with working one on one
the staff.
Dr. Mogelvang commented on previous minutes that stated "Standing water
promotes cattails which lessens growth of pines". It is his opinion that this was
not what was expressed; the point in that matter was the higher water level
contributed to the cattails which were a problem of their own, standing water
inhibits pine growth. He also mentioned Southwest Florida being wound up
about Cabbage Palms so the Cabbage Palm festival was eliminated. The Palm
trees are being poisoned. A long term broad understanding is needed. Trees that
the RCW s will nest in needs to be addressed. Smoky the Bear who was a great
hero in conservation, is now held in disregard.
Mr. Spilker moved to amend the minutes. Second by Mr. Calabrese.
Carried 6-0.
VIII. Staff Comments
Mr. Lorenz addressed questions.
IX. Setting Next Meeting Date(s)
The next meetings will occur on October 17th, and November 7th at 9:00 AM in
room 609/610 ofthe Development Services Center, 2800 North Horseshoe Drive.
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There being no further business for the good of the County of Collier the meeting
was adjourned by the order of the Chair at 11 :20 AM.
HABIT A T CONSERVATION PLAN ADVISORY
COMMITTEE
Chairman Dr. Christian Mogelvang
1611
November 7, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HABITIAT CONSERVATION PLAN ADVISORY
COMMITTEE
Naples, Florida, November 7,2005
LET IT BE REMEMBERED, that the Collier County Habitat Conservation
Plan Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 9:00 AM in REGUALR
SESSION in Rooms 609/610, of the Development Services Center, 2800
North Horseshoe Drive, Naples, Florida, with the following members
present:
CHAIRMAN: Christian Mogelvang, M.D.
Michael Bauer
Maureen Bonness
Richard Calabrese
Michael Delate
Brain McMahon
Christian Spilker
Sally Woliver
ALSO PRESENT: Bill Lorenz, Environmental Services Director
Steven Griffin, Assistant County Attorney
Barbara Burgeson, Sr. Environmental Specialist
Mac Hatcher, Environmental Specialist
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November 7, 2005
I. Roll Call
The meeting was called to order at 9:07 AM by Chairman Christian Mogelvang.
Roll call was taken and a quorum established.
II. Approval of Agenda
Ms. Bonness moved to approve the agenda. Second by Mr. Spilker. Carried
unanimously 7-0.
USFWS will not be giving a presentation.
III. Approval of Minutes: October 3, 2005
Mr. Delate moved to approve the minutes for October 3, 2005. Second by
Ms. Bonness. Carried unanimously 7-0.
Richard Calabrese joined the meeting at 9:09 AM.
IV. Old Business:
A. North Belle Meade Overlay Habitat Recovery Plan for the Red-
cockaded Woodpecker (Mac Hatcher)
Mr. Hatcher gave a Power Point Presentation on the overhead, including
the following points:
· The purpose of the study was to identify nesting and foraging
habitat within sending lands and Section 24.
· Arial photos displayed.
· Cavity Habitat Requirements-
Open Pinewood lands and savannahs
Large mature Pines
Little or no hard wood or Palm mid story
No over story of Hard Woods.
· Pictures of Habitat and Foraging areas displayed.
· Foraging Habitat Requirements-
Mature Pines with an open canopy
Moderate mid story, with low density of Small Pines and
Hard Woods
Dense Pines and Pine Cypress mix
Toleration ofMelaleuca mid story
· North Belle Meade Habitat Assessment Considerations
· Survey results showed Cavity Habitat at 3,210 acres with Foraging
Habitat at 3,547 acres.
· Reviewed Recommendation.
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November 7, 2005
Mr. Lorenz noted that Sections 25 and 36 are still designated as NRP A
sending lands.
Maureen Bonness reviewed damage of nesting cavity trees from current
Hurricanes (photographs shown). She also noted that the study addressed
by Mac Hatcher should not be used for legal boundaries.
Dr. Mogelvang voiced his experience in eco system studies. It bothers
him that Slash Pines suffer with the treatment of Melaleuca. Sable Palms
were sacred at one time, but are not now. It is his opinion that ifpines
suffer from eradication ofMelaleuca it should be considered as a longer
term worth while loss. "Seeds" was Dr. Mogelvang's word. Volunteers
have not been brought in to cut the Melaleuca.
Mr. Lorenz reiterated the direction of the Committee; such as
compensation activities, funds to make it feasible, and what makes it
technically feasible. Within sending lands uses have been restricted.
Agriculture is not regulated within the sending lands. The uses of the land
that are allowable require 80% preservation. Federal and State
requirements still stand. Single family residences are also to be
considered. (An example of current procedure given.)
Mr. Spilker suggested breaking into subcommittees such as Community
Outreach.
Mr. Lorenz reviewed Power Point Presentation on Committee's charge:
· Technical Feasibility
· Financial Feasibility
· Community Acceptability
· Objectives- Fact Find, Develop Preliminary Recommendations,
Public Comments, Final Recommendation.
Barbara Burgeson reviewed current procedures for the permitting
process within the area, and addressed questions. Agencies are not in the
position to have reviews on single family homes.
Mr. Lorenz will look into the number of single family home permit
requests. If a single family home owner is not getting the required permits
then an HCP will mitigate and allow the property owners to have an
umbrella to know what can be permitted.
The Right to Farm Act was discussed.
3
1611
November 7, 2005
Mr. Lorenz will research back from when the growth management plan
changed to the present, looking for permit requests for building,
agriculture and farming.
Public questions were addressed.
Mr. Griffin will give a presentation on the "Right to Farm Act".
B. Responsibilities of Property Owners and Local Governments under
the Endangered Species Act (USFWS staft)
Continued.
C. Recommendation for New Committee member
Ms. Bonness gave a brief overview on Mr. Sterks background; with a
recommendation.
Ms. Bonness moved to recommend Jeremy Sterk. Second by Mr. Mc
Mahon.
Public Comments:
Nichole Ryan gave a brief overview of Ms. Hecker's background.
Open discussion ensued.
The motion was tied 4-4, Mr. Spilker, Ms. Woliver, Mr. Bauer, and
Mr. Calabrese were opposed, with Ms. Bonness, Mr. Delate, Dr.
Mogelvang, and Mr. Mc Mahon in favor.
Ms. Woliver moved to recommend Jennifer Hecker. Second by Mr.
Bauer. Motion carries 5-3, Mr. Spilker, Mr. Delate, Ms. Woliver, Mr.
Bauer, and Mr. Calabrese in favor, with Ms. Bonness, Mr. Mc
Mahon, and Dr. Mogelvang opposed.
V. New Business
None
VI. Public Comments
Addressed
VII. Committee General Comments
4
1611
November 7, 2005
Ms. Bonness would like to have more information given and researched by
Committee members prior to meetings.
Ms. Woliver would like to divide into subcommittees. She also recommended
giving information binders to the Committee Member candidates.
Mr. Lorenz suggested having two different subcommittees: Research Impacts
Subcommittee, and Mitigation/Compensation Subcommittee.
Open discussion ensued on the benefits of subcommittees.
Ms. Woliver moved to have a staff member or committee member give a
presentation on the progress of the Habitat Conservation Plan Advisory
Committee to the Board of County Commissioners. Second by Mr. Delate.
Ms. Woliver revised her motion to add: making all effort to present on or
around February.
Motion carries unanimously 8-0.
VIII. Staff Comments
Mr. Lorenz will return with more specific information on necessary items; such
as mitigation, Barbara Burgeson's agenda, and USFWS. Mr. Griffin will return
with a presentation on the "Right to Farm Act". Ms. Bonness will research
information on new clusters.
IX. Setting Next Meeting Date(s)
The next meetings will occur on November 21 st, December 5th, and December
19th at 9:00 AM in room 609/610 of the Development Services Center, 2800
North Horseshoe Drive.
There being no further business for the good of the County of Collier the meeting
was adjourned by the order ofthe Chair at 11:06 AM.
HABIT AT CONSERVATION PLAN ADVISORY
COMMITTEE
Chairman Dr. Christian Mogelvang
5
1611
November 21,2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HABITIAT CONSERVATION PLAN ADVISORY
COMMITTEE
Naples, Florida, November 21,2005
LET IT BE REMEMBERED, that the Collier County Habitat Conservation
Plan Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 9:00 AM in REGUALR
SESSION in Rooms 609/610, of the Development Services Center, 2800
North Horseshoe Drive, Naples, Florida, with the following members
present:
CHAIRMAN: Christian Mogelvang, M.D. - absent
Michael Bauer
Maureen Bonness
Richard Calabrese
Michael Delate
Brain McMahon - absent
Christian Spilker
Sally Woliver
ALSO PRESENT: Bill Lorenz, Environmental Services Director
Steven Griffin, Assistant County Attorney
1611
November 21,2005
I. Roll Call
The meeting was called to order at 9:06 AM by Vice Chairman Michael Bauer.
Roll call was taken and a quorum established.
II. Approval of Agenda
Ms. Bonness will give a presentation under "V. New Business, b. Report on
Permitting activity in North Belle Meade".
Mr. Spilker moved to approve the agenda. Second by Mr. Delate. Carried
unanimously 6-0.
III. Approval of Minutes: November 7, 2005
Continued
IV. Old Business:
a. Responsibilities of Property Owners and Local Governments under
the Endangered Species Act (USFWS staft)
Continued for later in the meeting for when the presenters arrive.
Mr. Lorenz addressed the new Habitat Conservation Plan Advisory
Committee member going for vote during the Board of County
Commissioners meeting on November 29th.
V. New Business
a. Right to Farm Act Implications for Habitat Impacts (Steve Griffin)
Mr. Griffin gave a presentation including the following points:
· Legislation dates back to 1979.
· Case examples provided.
· Review of provided hand out and specific case examples.
· The Florida Right to Farm Act deals more toward nuisances while
the Agricultural Lands and Practices Act is of more concern to this
Committee.
· Agriculture is defined as, Farm, Farm Operation, Farm Product.
· There are a series of questions set up in determining if the
provisions of the acts are implicated.
· Delegation of authority could be with USFWS.
2
.--. _....,..~"-"'-"-------~-~
1611
November 21, 2005
Paul Souza will look into the Agricultural Lands and Practices Act.
Endangered Species Act would apply to native lands being set up for
farming.
Bill Lorenz noted that there could be delegation of authority through the
HCP Process going to USFWS. There will be further discussion of
viability.
If it is a true delegation of authority then the HCP is acting as an agent or
representative of the Federal Government as noted by Mr. Griffin.
Vice Chairman Michael Bauer returned the meeting to "IV. Old Business, a.
Responsibilities of Property Owners and Local Governments under the
Endangered Species Act (USFWS staff)"
VI. Old Business:
a. Responsibilities of Property Owners and Local Governments under
the Endangered Species Act (USFWS staff)
Paul Souza gave a Power Point Presentation on Conservation
Opportunities and Partnerships in Collier County (see attachment)
including the following points:
· Location of listed species locations on map.
· Section 7 and Section 10 under the Endangered Species Act are
paramount.
· An HCP will provide for-
- Decrease of cost and time burden placed on Collier County
landowners.
- Reduce the legal risk of third party actions.
- Clear expectations and development certainty.
· If only one species is being covered by the HCP then other species
will have to be addressed separately which can have a higher
expense.
· HCP Challenges-
- Post commitment of time and energy.
- Scope defined
- Offset impacts
- Public Support
· Transfer of development rights can be applied to the HCP process.
· It is uncertain if policies allow for a single HCP approach.
Clarifying questions were addressed.
3
1611
November 2], 2005
Mr. Souza will check on the availability of older maps showing listed
species locations in the past. He reviewed section ] 0 single family homes
current procedure. The Core of Engineers is working to create General
Permits.
Ms. Woliver suggested defining land areas for an HCP, then addressing
plants and habitat. Setting the scope up then adding other species that will
benefit.
Mitigation on State Lands by USFWS has not been done solely without
land acquisition. Acquisition is the primary focus as noted by Mr. Souza.
Mr. Bauer suggested changing the HCP focus from species specific to
geographic specific.
Mr. Lorenz reminded the Committee that the Board of County
Commissioners is looking for a feasibility report on a single species. He
can make a presentation to the Board of County Commissioners in January
addressing the non-feasibility of a single species, instead narrowing it
down to geography.
Ms. Woliver moved to have the December 5th Habitat Conservation
Plan Advisory Committee meeting to follow an action plan to develop
the language necessary to incorporate other species in the current
single species plan for Habitat Conservation Plan to have staff give a
presentation to the Board of County Commissioners in preparation
for January 10th. Second by Mr. Calabrese. Carried unanimously 6-
o.
VII. New Business
b. Report on Permitting activity in North Belle Meade (staff)
Mac Hatcher has requested all permits within the past five years. They
will be analyzed and ready for presentation on the December 5th meeting.
Handouts "Proposed Process Flow Diagram Single Family Permitting
Procedure for the Rural Fringe Mixed Use District" and "Community
Development & Environmental Services Division Rural Fringe Mixed Use
District Preservation Review Single-Family, Duplex" were reviewed.
Nancy Payton mentioned that when an illegal land clearing has occurred
that USFWS is not contacted. She also mentioned that she believes that
there is no mechanism of notification for single family homeowners on
listed species potential on the property.
4
''-'~'-''''--~""",-"...".,,--...,,-.,,-~-,,,..,,---,~-......_~,,-~..",,_..,.-_..._-,--
November 21,2005
Maureen Bonness reviewed handout "Impacts to RCW Nesting and
Foraging Habitat in NBM".
VIII. Public Comments
None
IX. Committee General Comments
Mr. Bauer requested a large map ofthe County to physically work on during the
meeting process.
X. Staff Comments
Mr. Lorenz distributed a News Release on "Florida NRCS announces signup
cutoff date for the wildlife habitat incentives program (WHIP)".
XI. Setting Next Meeting Date(s)
The next meetings will occur on December 5th, and December 19th at 9:00 AM in
room 609/610 of the Development Services Center, 2800 North Horseshoe Drive.
There being no further business for the good of the County of Collier the meeting
was adjourned by the order of the Vice Chairman at 11:04 AM.
HABITAT CONSERVATION PLAN ADVISORY
COMMITTEE
Chairman Dr. Christian Mogelvang
5
--'"--"'--~"',_."""...~~,~"...._-~-
1611
1611
December 5,2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HABITIAT CONSERVATION PLAN ADVISORY
COMMITTEE
Naples, Florida, December 5,2005
LET IT BE REMEMBERED, that the Collier County Habitat Conservation
Plan Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 9:00 AM in REGUALR
SESSION in Room 609, of the Development Services Center, 2800 North
Horseshoe Drive, Naples, Florida, with the following members present:
CHAIRMAN: Christian Mogelvang, M.D.
Michael Bauer
Maureen Bonness
Richard Calabrese
Michael Delate
Jennifer Hecker
Brain McMahon
Christian Spilker
Sally Woliver
ALSO PRESENT: Bill Lorenz, Environmental Services Director
Steven Griffin, Assistant County Attorney
Mac Hatcher, Environmental Specialist
1611
December 5, 2005
I. Roll Call
The meeting was called to order at 9:05 AM by Chairman Mogelvang. Roll call
was taken and a quorum established.
II. Approval of Agenda
Mr. Delate moved to approve the agenda. Second by Mr. Calabrese.
Carried unanimously 9-0.
III. Approval of Minutes: November 7, 2005
Mr. Spilker moved to approve the November 7, 2005 minutes. Second by
Mr. Bauer. Carried unanimously 9-0.
IV. Old Business:
a. Report on Permitting activity in North Belle Meade (Staff)
Mac Hatcher gave a presentation on a review of "North Belle Meade
Overlay (NBMO) District - Permits 2002-2005" including the following
points:
· The property appraiser's data shows eighty-four residential and
commercial buildings have been permitted between 2002-2005.
· A small area within the neutral area #24 has a large concentration
of single family home activity.
· Agricultural clearing permits are tracked through a different area
of the data base, therefore unavailable for this meeting, but should
be made available at a later date.
· Building has increased by approximately 20%.
· TORs (Transfer of Development Rights) affect this area.
"Red Cockaded Woodpecker Cluster Locations North Belle Meade and
North Picayune" was displayed on the overhead, along with the foraging
and cavity areas for the birds.
Mr. Lorenz noted that Collier County does not have a specific listed
species requirement for single family residences, or agriculture.
It was suggested to have properties looking to achieve a permit within a
quarter of a mile radius of a Red Cockaded Woodpecker cluster be
referred to USFWS.
2
1611
December 5,2005
Ms. Payton noted that the Committee should take into consideration lands
and areas that have previously been occupied by the woodpeckers but are
no longer.
Bear and panther GIS data were displayed on the overhead. Discussion
ensued on bear, panther, and cavity and foraging areas for Red Cockaded
Woodpeckers telemetry points. Discussion also ensued on the viability for
a single or multiple species habitat conservation plan, and the need to
include the Florida Panther. Ms. Adams noted that amending an HCP
document is easier than creating a new one.
Mr. Spilker moved to amend the November 7th minutes, page #2 "IV.
Old Business, A. North Belle Meade Overlay Habitat Recovery Plan
for the Red Cockaded Woodpecker" to have the bullet point read
"Large mature Pines and no Oaks" instead of as written "Large
mature Oak Pines". Second by Mr. Woliver. Carries unanimously 9-
o.
Mr. Lorenz mentioned that land owners within a quarter of mile of a
known Red Cockaded Woodpecker cluster and the USFWS can be
notified.
Brad Cornell commented that penn its are potentially being held up for
wet lands.
The meeting recessed at 10: 15AM, reconvening at ] 0:26AM.
V. New Business
a. Develop draft report for January 10 BCC meeting (Committee)
Mr. Bauer would like to have a recommendation given to the Board of
County Commissioners on a geographical phased approach of more than
one speCIes.
Open discussion ensued on the recommendation to be given to the Board
of County Commissioners with the following conclusion:
Mr. Spilker moved to amend the motion "Ms. Woliver moved to have
the December 5th Habitat Conservation Plan Advisory Committee
meeting to follow an action plan to develop the language necessary to
incorporate other species in the current single species plan for Habitat
Conservation Plan to have staff give a presentation to the Board of
County Commissioners in preparation for January 10th. Second by
Mr. Calabrese. Carried unanimously 6-0."made at the November 21st
meeting in order for each Committee Member to reconvene on
3
1611
December 5, 2005
December 19th after preparing an individual recommendation to be
presented to the Board of County Commissioners. Second by Mr. Mc
Mahon. Carries unanimously 9-0.
Mr. Lorenz will em ail each Committee Members individual
recommendations to all other Members in preparation for the meeting on
December 19th. It was agreed for each member to have their
recommendations in by the 14th of December in order for distribution to
all Committee Members in a timely manner.
VI. Public Comments
Ms. Adams commented that USFWS can not discuss a take for one species when
another species will be equally affected. It is highly unlikely for a single species
HCP to go through. She does not believe it would be feasible.
Brad CorneJl, CoHier County Audubon Society addressed what can be done in
the interim while initiating an HCP and having the individual recommendations
reflect that.
Jeremy Sterk, Hoover Planning advised to be cognizant of having the time
frame for the MOA and HCP.
Young Jackson mentioned the importance of ascertaining if the data being
received is correct due to its criticalness. He advised discretion on other protected
species in conflict with the Red Cockaded Woodpecker and possible future
liabilities. He then distributed an information packet.
VII. Committee General Comments
VIII. Staff Comments
None
IX. Setting Next Meeting Date(s)
The next meetings will occur on December 19th, January 5th, and January 19th at
9:00 AM in rooms 609/610 of the Development Services Center, 2800 North
Horseshoe Drive.
There being no further business for the good of the County of CoHier the meeting
was adjourned by the order of the Chairman at 11 :30 AM.
4
..-.----__..._".'.".,~L._.~_<<.....,.._,__ .. ~.
December 5,2005
HABITAT CONSERVATION PLAN ADVISORY
COMMITTEE
1611
Chairman Dr. Christian Mogelvang
5
1611
December 19,2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY HABITIA T CONSERV A TION PLAN ADVISORY
COMMITTEE
Naples, Florida, December 19, 2005
LET IT BE REMEMBERED, that the Collier County Habitat Conservation
Plan Advisory Committee in and for the County of Collier, having
conducted business herein, met on this date at 9:00 AM in REGUALR
SESSION in Rooms 609/610, of the Development Services Center, 2800
North Horseshoe Drive, Naples, Florida, with the following members
present:
CHAIRMAN: Christian Mogelvang, M.D.
Michael Bauer - Absent
Maureen Bonness
Richard Calabrese
Michael Delate
Jennifer Hecker - Absent
Brain McMahon
Christian Spilker
Sally Woliver
ALSO PRESENT: Bill Lorenz, Environmental Services Director
Steven Griffin, Assistant County Attorney
Mac Hatcher, Environmental Specialist
1
1611
December 19,2005
I. Roll Call
The meeting was called to order at 9:07 AM by Bill Lorenz. Roll call was taken
and a quorum established.
Do to a lack of Chair and Vice-chair Mr. Spilker moved to have Sally
Woliver Chair the meeting. Second by Mr. Calabrese. Motion carries
unanimously 6-0.
II. Approval of Agenda
Mr. Delate moved to approve the agenda. Second by Ms. Bonness.
Mr. Lorenz noted that item "V. New Business, a. Comments from USFWS
regarding HCPs" should be moved up to accommodate them.
Mr. Delate amended his motion to accommodate the change. Ms. Bonness
amended the second. Motion carries 6-0.
III. Approval of Minutes: November 12, 2005 Meeting and December 5, 2005
Mr. Delate moved to approve the minutes for November 12, 2005 and
December 5, 2005. Second by Mr. McMahon. Carried unanimously 6-0.
IV. Old Business:
a. Continuation of Report on Permitting activity (Ag Clearing) in North
Belle Meade (Staff)
Mac Hatcher gave an overhead presentation on map- "Ag
Clearing/V egetation Removal Permits 2002-2005".
Clarifying questions about the map from members and the public were
addressed.
V. New Business
a. Comments from USFWS regarding HCPs
Spencer Simmon, USFWS gave a presentation including the following
points:
· If it is realized that an identified activity would affect other species
then those should also be considered.
· Considering that costs go up the earlier an HCP is started the easier
and more cost affective it will be.
2
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1611
December 19,2005
Mr. Lorenz asked if a small geographic area had only one listed species
that would be affected then and RCP could be considered, if the area were
larger and encompassing lands of other listed species, then it would need
to be considered as a multiple species RCP. Mr. Simmon concurred.
Mr. Simmon addressed Committee questions including the following
points:
· If the RCP encompassed the entire County then the Core of Engineers
would have jurisdiction in some areas and may defer to the RCP if
they agreed with it.
· If a single species RCP did go through; an RCP would still have to go
through the whole process for separate listed species.
Mr. Simmon addressed pubic questions including the following points:
· Kim Dryden recommended starting by setting up the RCP in a small
location and then expanding it; also looking at another RCP that has
been approved, even if it is not the same species, to write up a
document to get things started.
· Nancy Payton noted that transportation is beginning to realize that
listed species can hold up the infrastructure development. She
suggested having a representative from transportation.
· Mr. Simmon mentioned that the key is to get an environmental
consultant early on. It would take about 1-2 years to develop
depending on how focused or large the area. The larger the area the
longer it would take. It is ideal to set something into motion for
protection today that could be applied to the RCP as credit.
The meeting recessed at 10:10AM, reconvening at 10:16AM.
VI. Old Business: (continued)
b. Develop draft report for January 24 BCC meeting (Committee)
Dr. Christian Mogelvang joined the meeting at 10:20 AM but declined to
act as Chairman.
Open discussion ensued among members and the public to create the
following document to be presented to the Board of County
Commissioners:
Mr. Spilker moved to approve the document created during the
meeting with typographical changes to be made. Second by Mr.
3
.'"""~'-"'-'-'-;--"--""'~"";"'""---"-"----~'-""',~-.,-_.,"~,~_._._.."
1611
December 19,2005
Calabrese. Motion carries 6-1 with Mr. Delate opposed due to
uncertainties outlined in his emailed comments (see attachment).
Mr. Woliver moved to have Mr. Spilker represent the Committee at
the Board of County Commissioners meeting. Second by Ms.
Bonness. Carries unanimously 7-0.
Mr. Lorenz will present the document at the Board of County
Commissioners meeting on January 24th.
Ms. Woliver volunteered to work with Mr. Lorenz on the document to
correct syntax and grammar.
VII. Public Comments
Mr. Lorenz addressed public comments and questions.
VIII. Committee General Comments
Mr. McMahon moved to suspend meetings until the Board of County
Commissioners moves to continue the Committee. Second by Mr. Calabrese.
Carries unanimously 7-0.
February 6th is the next projected meeting.
A representative of the USFWS is requested to be present at the Board of County
Commissioners meeting on January 24th.
IX. Staff Comments
None
X. Setting Next Meeting Date(s)
The next meetings will occur on February 6th at 9:00 AM in room 609/610 of the
Development Services Center, 2800 North Horseshoe Drive. January meetings
were canceled.
There being no further business for the good of the County of Collier the meeting
was adjourned by the order of the Chair at 11 :33 AM.
HABITAT CONSERVATION PLAN ADVISORY
COMMITTEE
4
1611
'l
December 19,2005
Chairman Dr. Christian Mogelvang
5
Collier County Government
Communication &
Customer Relations Department
3301 East Tamiami Trail
Naples, FL 34112
FOR IMMEDIATE RELEASE
Contact: Sandra Arnold-Lawson
Public Information Coordinator
(239) 774-8308
RECEIVED
JAN 2 7 2006
Dec. 2, 2005
Board of County Commissioners
NOTICE OF MEETING & AGENDA
COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB))
THURSDAY, DECEMBER 15, 2005, 6 P.M.
Fiala
Golden Gate Community Center Halas
4701 Golden Gate Parkway H .
Naples, FL 34116 enmng
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J(;~yi~ *
Coletta _
NOTICE
** All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in
writing, to the board prior to the meeting if applicable.
** For more information, please contact Colleen Greene at (239) 774-8400 or Lillian Amador at (239) 774-
8924.
** 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] 12, (239) 774-8380.
** Public comments will be limited to five minutes unless permission for additional time is granted by the
Chairman.
** 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) before the Board of
County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and
Records Department.
******* **** ******* **** * * *** * * *********** *** *** *** *** * * *****
AGENDA
I.
II.
III.
IV.
6 P.M. meeting called to order
Approval of agenda
Adoption of minutes from Nov. 10,2005 (with discussion of any amendments)
New Business
1. Meeting attendance
2. HAABIBCC Workshop
3. Discuss items to research
Public comments
Board member comments
Meeting adjourns
Misc. Corr&s:
Date: 6d.-/;;t& I 00
Item#:~
V.
VI.
VII.
-End-
Copies to:
1611
COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD (HAAB)
Minutes of December 15, 2005 Meeting
HELD AT GOLDEN GATE COMMUNITY CENTER
4701 GOLDEN GATE PARKWAY
NAPLES, FLORIDA 34116
Present:
Also Present:
Raymond Cabral
David Correa
Manuel Gonzalez
Ernesto Labrador
Cosme Perez
J ames A. Van Fleet
Renato Fernandez
Michael Pettit, Chief Assistant County Attorney
Lillian Amador, Staff liaison
Mr. Victor Valdes
Absent:
Anna I. Rodriguez (excused - attending Human Trafficking Conference in Boston, MA per 12/2/05 e-mail)
Maria C. Herrera-Rodriguez (unexcused)
The HAAB Meeting was called to order at 6:12 p.m. Mr. Labrador made a motion to
approve the agenda (copy attached) and Mr. Cabral seconded it. The motion passed 7-0. Mr.
Labrador moved to approve the October 13, 2005 minutes (copy attached) and Mr. Cabral
seconded it. The motion passed 7-0. Mr. Labrador moved to approve the November 7, 2005
workshop minutes (copy attached) and Mr. Perez seconded it. There was an amendment to those
minutes indicating that comments at page 6 were made by Manuel Gonzalez and not Raymond
Cabral. Motion passed 7-0 with the amendment. Mr. Labrador moved to approve the November
10, 2005 minutes (copy attached) and Mr. Perez seconded it. The motion passed 7-0.
Mr. Labrador discussed the BCC/HAAB workshop. General comments by HAAB
members were that the workshop was a positive event. Mr. Labrador next reported that he
attended a school diversity committee meeting and that the committee has adopted at least one of
Dr. Van Fleet's recommendations or reports concerning a teacher's academy.
Mr. Labrador also reported that he had attended a meeting of the Sheriffs Minority Council
and had approached the Sheriff regarding posting of literature in Spanish. The Sheriffs Office
indicated it was waiting for additional funding.
Mr. Labrador next turned to a proposed Mission Statement for 2006-2007 for the Hispanic
Affairs Advisory Board. A copy of the draft proposed Mission Statement is attached. There was
also discussion of a set of proposed goals for HAAB submitted by Dr. Van Fleet. A copy of those
goals is attached. After much discussion, including discussion of the role of HAAB as a factfmding
body from Michael Pettit, Chief Assistant County Attorney, in light of the BCC's direction that it
vote in advance on HAAB's work plan, it was agreed that the Mission Statement would be modified
by entitling it, "HAAB General Goals and Objectives for 2006-2007". In addition, in paragraph 2,
the phrase "private sectors" would have a deletion of the letter "s", making it read "private sector",
instead of "private sectors". In paragraph 3, the statement was changed to say, "Concurrendy, a
I
1611
major goal of the HAAB is to develop an enhanced programming that identifies problem areas
which include: education, jobs, housing, agriculture and various wealth of issues." In addition, the
final sentence of the original proposed paragraph 4 was deleted. Finally, in paragraph 6, the
language was changed to read, "all activities and efforts to be recommended to and approved by the
Collier County Board of Commissioners." Mr. Labrador moved that this Mission Statement be
adopted and Mr. Gonzalez seconded it. The motion passed 6-1.
Mr. Labrador next discussed submitting Dr. Van Fleet's June 7, 2005 report concerning the
School Board to the Board of County Commissioners for review and possible direction. Mr.
Labrador moved that the report be submitted without change and Mr. Correa seconded. The
motion passed 6-1.
HAAB members then inquired of Michael Pettit regarding the HAAB officer election cycle
and Mr. Pettit promised that Colleen Greene would advise them of the election cycle for purposes
of their January 2006 meeting. Mr. Pettit also notified the HAAB members of the 4-year HAAB
review and presentation scheduled for the March 14,2006 BCC meeting.
Mr. Perez then presented a written motion (copy attached). The motion was read to HAAB
and discussed. No second was forthcoming and Mr. Perez withdrew the motion and asked that it be
submitted as a document for the record.
After public comment from Mr. Victor Valdes in which he notified the HAAB of supportive
actions by the National Association of Hispanic Journalists researching his request for further review
by the Department of Justice of the Sheriff's Office and a proclamation from the City of Cape Coral
naming October 20, 2005 as "Victor Valdes Day", the meeting was adjourned following motion and
second at approximately 8:10 p.m.
~roved ~y the
J ^tJ~
Hispanic Affairs
,2006.
of
HAAB Chairman
Attachments:
December 15, 2005 Agenda
November 10, 2005 Meeting Minutes
November 7,2005 Workshop Minutes
October 13, 2005 Meeting Minutes
Proposed Mission Statement
Proposed Goals submitted by Dr. Van Fleet
Perez Motion
2
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RECEI\!ED
FEB [I 3 2006
Board of County Commissioners
IMMOKALEE BEAUTIFICATION
M.S.T.U. ADVISORY COMMITTEE J
Fiala -. - ~
~c:O~yanISeing= ?~~/
SummarY of Minutes & Motions - I...t-..-
Coletta - ~
m. 'IV. Approval of the Agenda as amended and Minutes of November
16, 2005 were approved unanimously.
IX. New Business
8. Change Order
The electrical is being upgraded. The Committee questioned how the
County could approve the project many years ago and now find it isn't up
to Code. It was explained years ago the codes were different. \
Cherryle Thomas moved to approve the Change Order to Kent
Technologies for $49,861.50 and make sure they understand if
whatever they break, they fix at no cost to the MSTU. Second by
Dorcas Howard. Carried unanimously 3-0.
Misc. Corres:
Date: Od- J J..<l J 0(0
, 1
Item #:J it; T ;;2. C-1
Copies to:
1
1611
IMMOKALEE BEAUTIFICATION
M.S.T.U. ADVISORY COMMITTEE
Minutes
January 18. 2006
I. The meeting was called to order by Sharon Tims at 4:38 PM.
ll. ATTENDANCE:
Members: Sharon Tims, Cherryle Thomas, Dorcas Howard, Bernardo
Barnhart (Excused), Rita Avalos (Absent)
County: Darryl Richard-Project Mgr., Tessie Sillery-MSTU Coordinator,
Christina Perez-Code Enforcement
Others: Mike McGee-McGee & Assoc., Robert Kindelan-CLM, Sue Chapin-
Manpower Services
m. APPROVAL OF AGENDA
Add: New Business (B) Sunshine Law Handout
Dorcas Howard moved to approve the Agenda as amended. Second by
Cherryle Thomas. Carried unanimously 4-0.
IV. APPROVAL OF MINUTES: November 16, 2005
Sharon Tims moved to approve the Minutes of November 16, 2005.
Second by Dorcas Howard. Carried unanimously 3-0.
V. TRANSPORTATION SERVICES REPORT:
A. Budget - Tessie Sillery (Attached)
Budget was distributed with various items explained along with the
Revenues. Their total Capital is $1,383,111.69.
The MSTU Budget meeting for all MSTU Chairman was held in January
with Mark Issacson from the Budget Office explaining the carry over
figures. A handout to each MSTU was given with each carry over figure.
The figure will be confirmed after the audit in February of $835,299.
Tessie will set-up a meeting with Sharon and Mark Issacson to cover the
figures since Sharon could not find the new Transportation Building.
B. Expanding Boundaries - Darryl Richard
. Lighting the Lake Trafford roadway is one of the projects the
MSTU is interested in. Darryl asked Mike McGee to get an
estimate for lighting Pepper Road.
. Darryl has contacted the Property Appraiser and has not heard
back from them. He will check with Diane Flagg in efforts to get
1
1611
an answer from the Property Appraisers office for February's
meeting.
VI. TRANSPORTA TION MAINTENANCE REPORT:
A. Report - Robert KindelanlCLM
. Holiday Banners will be removed on Tuesday.
. Mulching will be finished by Friday.
. Will get an estimate for clean-up, stump removal and staking trees.
. Bricks on nose tips - will remove and mulch the area - they will be
stored back at the Immokalee County Barn.
. A slab was poured and paid for by the MSTU at the Immokalee
County Barn for storing such items. Darryl will make sure the
person in charge at the garage is made aware of this.
. Anytime the State lights or blue lights need attention, any
Committee member can call Darryl.
VII. LANDSCAPE ARCHITECTS REPORT:
A. Sidewalk Project Report - Mike McGee - there is a few issues on
workmanship that are being dealt with.
B. Pedestrian Fence - no report
C. Banner Update - the regular ones are on order.
D. Phase IV - Submitted and waiting for Pre-Application meeting with
FDOT.
It was noted if there are any sidewalk issues for the area, Trinity Scott from
Pathways will notify staff.
Different sidewalks and driveways were discussed. Many of the driveways
are not permitted.
The lighting situation was again discussed
Darryl handed out an email from Bob Tipton on the Counties policy. It needs
to be further clarified whether it is for the pole, arm and bulb fixture (luminer)
or just the bulb fixture (luminer) that is maintained by the County. The
standard light is the Cobra Head. The upgraded lighting is AAL lighting that
is on Livingston Road between Golden Gate Parkway and Pine Ridge Road.
When a pole is hit, the Committee is still uncertain as to whose responsibility
it is to pay for the replacement and maintenance of the pole, arm and bulb.
What is AAL lighting and is AAL standard for the County?
Darryl will get answers for clarification.
vm. OLD BUSINESS:
A. State Project Update - Darryl Richard
In talking with the State Project Manager there are issues with the bid and will
be re-bid.
B. Code Enforcement Issues - Cristina Perez
. Has been a change in Management in the Department and received
an email that the final approvals have been sent for their new
offices.
. They are dealing with delinquent rentals
. They have 3 unsafe structures -Main Street - Notice of Violations
have been sent Certified Mail - (they will repair or demo)
2
1611
. Adopted a new Ordinance for "Boarding Certificate" (6 months to
comply)
. Working with Hurricane cases on repairing or demo
. Working on minimum housing complaints
. Cases can go to the Special Master - the County will do clean-up
and charges the work back to the owner per day.
IX. NEW BUSINESS
A. Master Plan Committee Report - no report
B. Change Order - Kent Technologies provided a quote for changes to the
electrical and lights. The existing lights could remain and the pavers
could be constructed around the existing lights. But the pavers were
installed incorrectly, so in order to demolish the pavers the footing of each
light also needs to be demolished. Other issues needed to be brought up to
code and standards. They are upgrading the electrical.
The Committee questioned how the County could approve the project
many years ago and now find it isn't up to code.
Mike McGee stated when the poles were originally installed there was a
standard and now the standards have been changed.
Kent Technology is an annual Contractor so the project did not have to go
for bid. The amount for the Change Order is $49,861.50.
Irrigation lines and mulching were discussed and will be stopped due to
the new codes of electrical that will be completed. There would be no
need to do so at this time until the project is finished. If there is any
damage done, Kent Technologies will be responsible.
Cherryle Thomas moved to approve the Change Order to Kent
Technologies for $49,861.50 and make sure they undentand if
whatever they break, they fix at no cost to the MSTU. Second by
Dorcas Howard.
The plant material will be removed and replaced.
Carried unanimously 3-0.
C. A handout of the Sunshine Law was distributed to be reviewed by the
Committee in which the Chief Assistant County Attorney will cover in his
presentation at their February meeting.
x. PUBLIC COMMENT - none
Being DO further business to come before the Committee, the meeting adjourned
at 5:47 PM.
The next regular scheduled meeting is February 15, 2006
4:30 PM,
At the Immokalee Community Park
321 First Street South, Immokalee, FL
3
fi
'"I .'
,.,,::~
~ ,I
f ;I...
~
IMMOKALEE BEAUTIFICATION
M.S.T.U. ADVISORY COMMITTEE
A2enda
Februarv 15. 2006
I. CALL MEETING TO ORDER
n. ATIENDANCE:
m. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES: January 18, 2006
Sunshine Law Presentation - Chief County Attorney Mike Pettit
V. TRANSPORTA nON SERVICES REPORT:
A. Budget - Tessie Sillery
B. Expanding Boundaries - Darryl Richard
VI. TRANSPORTA TION MAINTENANCE REPORT:
A. Report - Robert Kindelan/CLM
Vll. LANDSCAPE ARCHITECTS REPORT:
A. Sidewalk Project Report - Mike McGee
B. Pedestrian Fence
C. Banner Update
D. Phase IV
vm. OLD BUSINESS:
A. State Project Update - Darryl Richard
B. Code Enforcement Issues - Cristina Perez
IX. NEW BUSINESS
A. Master Plan Committee Report
X. PUBLIC COMMENT
XL ADJOURNMENT
The next regular scheduled meeting is March 15. 2006
4:30 PM,
At the Immokalee Community Park
321 First Street South. Immokalee, FL
1
1611
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1611
'I
Monthly Activity -December & January Meeting Report
Title
Sub- Title
Amount
Other Misc. Services
Other Misc. Services
Mancan, Inc.
Mancan, Inc.
$208.06
$119.15
$327.21
Lighting Maint.
EB
Total
$1,017.75
$1,017.75
~o~lop~~~~p~~~@~s----------i~3~~~~
I I
L--------______________________I
Improvements General McGee & Assoc.- 1 ST & 2ND & 3rd Quarter
I mprovements General McGee & Assoc. - Phase /I sub Phase B
Improvements General Fours Seasons - Holiday
$5,430.00
$2,004.25
$3,916.46
Total
$11,350.71
iTo~lcapriann;provements- Paldlnv"OlCes - - - -$11-:-3Scr.Yii
I I
L______________________________I
Capitallmprovments
Capital Improvements
PO History
Fours Seasons - holiday banners
Fours Seasons
New P.O.'s
3,916.46
4,975.00
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Carry Forward Analysis -Immokalee MSTU Fund (156)
Fiscal Year 2002 - 2003 2003 - 2004 2004-2005 2005-2006
Actual Actual Unaudited Actual Approved Budget
Expenditures $324,234 $81,831 $229,700 $290,400
Operating Revenues $267,365 $286,422 $297,200 $272,200
Other Revenue $27,048 $24,604 $37,100 $10,000
Revenue Reserve $0 $0 $0 ($14,100)
Beginnning Carryforward $532,575 $516,528 $752,900 $22,300
Rev - Exp (Yr. Ending) $502,754 $745,723 $857,500 $0
Carryforward Variance $835,200
1611
1611
RichardDarryl
From:
Sent:
To:
Cc:
Subject:
tipton_b
Monday, September 26, 2005 5:34 PM
RichardDarryl
flagg_d; Miller_John
RE: Policy Regarding MSTU Lighting Installations
Darryl -Please see comments interspersed below:
From:
Sent:
To:
Cc:
Subject:
Bob,
RichardDarryl
Monday, September 26, 2005 5:03 PM
tipton_b
sillery _t
Policy Regarding MSTU Ughting Installations
Could you state the Traffic Operations Policy regarding installations of Lighting (Both 'Accent' and otherwise 'Roadway
Lighting') as part of MSTU Organization Projects?
There have been questions regarding:
1) Initial installation costs (tipton_b) The County does not pay for lighting installation on State Roadways and
does not pay for upgrading lighting installations to decorative lighting on any roadways.
2) Maintenance costs (tipton_b) The County maintains Roadway Lighting as long as it meets County standards,
both in design, hardware, and installation.
3) Recommended Installations (versus Non-Standard Installations) (tipton_b) Our recommended installation is the
spun aluminum poles with a full cutoff type II or III cobrahead luminaire. The County standard for upgraded
lighting is the AAL lighting that is installed on Livingston Road between Golden Gate Parkway and Pine Ridge
Road. The Livingston Road Lighting MSTU was established to pay for the upgrade to those lights.
4) Requirements for Professional Engineering Seals for Electrical Plans (tipton_b) Roadway lighting is engineering
and as such must be signed and sealed by a Professional Engineer (P.E.) licensed to practice in the State of
Florida. Using a design not signed and sealed by a P.E. would be unwise and providing design plans without
being registered as a P.E. would be illegal, subject to disciplinary action by the Florida Board of Professional
Regulation.
5) Traffic Operations review/approval of Project Plans. (tipton_b) All roadway lighting installed on State Roadways
and County Roadways is subject to review and approval by the Traffic Operations Department. This includes
design, submittal data prior to construction, and the actual installation itself. Maintenance by the County is
subject to Final Approval being granted after the Conditional Acceptance and Burn-in period.
Thank you,
Darryl Richard
Project Manager
Collier County
Department of Alternative Transportation Modes
2885 Horseshoe Drive South
Naples, Florida 34104
telephone: (239)659-5775
Fax: 239-530~219
Cell: 239-253-9083
darrylrichard@colliergov.net
1
1611
RECEI\/ED
FEE 0 3 2006
Board of COWllv Commissioners
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMlnEE
2705 Horseshoe Drive South
Naples, FI 34104
SUMMARY OF MINUTES & MOTIONS
January 19,2006
Fiala
Halas
Henning
Coyle
Coletta
m. & IV. Approval of Agenda and Minutes of December 15, 2005 were
approved as amended unanimously.
v. Presentation of Sunshine Law by Mike Pettit, Chief Assistant County
Attorney was held.
vm. Housekeeping Items:
B. Chairman's Report regarding Diane Flagg on 119/06
They reviewed the status of projects and lack of progress regarding them.
Many of the projects discussed reasons were given for the delays. Many will
be taken care within the next month.
Since some of the projects are going to be delayed, others will be considered.
Bob Slebodnik moved to approve $3,500 for plant material on Baltusrol.
Second by Tony Branco. The estimate ofapprox. $4,500 given by eLM was
discussed. Carried unanimously 5-0.
Bob Cole moved to approve $4,916.66 for the Hurricane Wilma plant
replacement. Second by Ron Torp. Carried unanimously 5-0.
IX. Budget Report
B. Report Re: County MSTU Chairman's meeting on January 6th
Bob Cole attended and gave a brief report consisting of how the Budget
Office explained the carryover figures for each MSTU. The
Administrative Services of $21,400 for each MSTU was questioned - in
which was explained by Diane Flagg.
Misc. Cones:
Date: (Jd--! 'J. g lOb
Item #: lto I "J..t- <::;;
Copies to:
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMlnEE
2885 Horseshoe Drive South
Naples, FI 34104
January 19, 2006
Aeenda
L Call meeting to order
U. Attendance:
m. Approval of Agenda
IV. Approval of Minutes - December 15, 2005
V. Presentation on Sunshine Law by Mike Pettit, Assistant County Attorney)
VI. Landscape Maintenance Report - CLM
A. Update on Landscaping
VII. Landscape Architect's Report - Mike McGee
A. Front entrance
B. Cost estimate for Plant Replacement due to damage by Hurricane
Wilma
vm. Housekeeping Items:
A. Review Liability Insurance Coverage for MSTU Board Members
IX. Transportation Operations Report - Darryl Richard
A. Project 2 - status of bid proposals, lights, benches, etc.
X. Budget Report
A. Tessie Sillery & Bob Cole - Budget Committee
B. Report Re: County MSTU Chairman's meeting on January 6th
XI. Committee Reports:
A. Dora! & Augusta Sign Lighting - Tony Branco
B. US 41 Entrance Landscape Committee - Ron Torp/Mike
McGee
xu. Old Business:
A. Newsletter
B. Flag Pole Quotes
xm. New Business:
XIV. Public Comments:
XV. Adjournment
The next meeting will be February 16. 2006 at 4:00 PM
Collier County Landscape Operations
2885 Horseshoe Dr. South - Naples, FL 34104
1.. ._-.
1611
1611
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMITTEE
2885 Horseshoe Drive South
Naples, FI 34104
January 19,2006
Minutes
I. The meeting was called to order by Chairman Robert Slebodnik at 4:01 PM.
II. Attendance:
Members: Robert Slebodnik, Tony Branco, Robert Cole, David Larson, Ron Torp
County: Darryl Richard-Project Mgr., Tessie Sillery-MSTU Coordinator, Diane Flagg-
ATM Director, Mike Pettit-Chief Assistant County Attorney
Others: Robert Kindelan-CLM, Mike McGee-McGee & Assoc., Sue Chapin-Manpower
Services
III. Approval of Agenda
Add: VIII. Housekeeping Items: (B) Chairman 's report regarding Diane Flagg on
1/9/06. XIII. New Business: (A) Need for a Vice Chairman
Robert Cole moved to approve the Agenda as amended. Second by Tony Branco.
Carried unanimously 4-0.
IV. Approval of Minutes - December IS, 2005
Robert Cole moved to approve the minutes of December IS, 2005. Second by Tony
Branco. Carried unanimously 4-0.
V. Presentation on Sunshine Law by Mike Pettit, Assistant County Attorney
Some important issues covered are as follows: (Handout)
. Members are encouraged to attend the Workshop on January 31st in the BCC
Chambers on Public Records, Ethics and Sunshine Law.
. 3 rules:
o Meetings need to be noticed by posting. (Newspaper, County Customer
relations, radio, newspaper and libraries or places where meetings are
held)
o Need public access and a room to accommodate the public
o Minutes are to be taken but not verbatim. Tapes are public record.
. All Advisory Committee members are subject to the Sunshine Law
. Discussing MSTU business with other Board members outside of a scheduled
MSTU meeting is not pennissible. Members can attend social gatherings but not
discuss business concerning the MSTU. (Examples were given)
. Penalties can be criminal, non-criminal and civil
. Advisory Committees are to make recommendations to the BCC - final action is
not taken by the Committees.
. Telephone conversations, direct correspondence, and computer generated email
between Board members is in violation of the Sunshine Law.
. Board members are bound by the State Code of ethics
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VI. Landscape Maintenance Report - CLM
A. Update on Landscaping
. Normal maintenance being done and will fertilize next month
. Mulching almost finished
. Has list of plant material to be replaced from Hurricane Wilma
. Has list of plant material for Pine Hurst Estate Monuments on
Baltusrol
. When electricians are finished the irrigation will be switched to the
new controller.
VII. Landscape Architect's Report - Mike McGee
A. Front entrance - Waiting for the Notice to Proceed from FDOT.
B. Cost estimate for Plant Replacement due to damage by Hurricane
Wilma - list provided by CLM earlier - Darryl will review and report at the
next meeting.
. Some trees need to be straightened
. Medians I & 2 dry - CLM will inspect the area
. Forest Hills - estimate has been approved
. Before Royal Palms, which are in the road right-of-way, can be replaced
ownership must be verified as to whether it is on private or public land.
The lists submitted from CLM are approx. $5,000 for Hurricane Wilma and
approx. $4,500 for the Pinehurst Estate Monument area. Diane Flagg suggested
they vote today on an amount "not to exceed."
VIII. Housekeeping Items:
A. Review Liability Insurance Coverage for MSTU Board Members -
everyone received a copy and is self-explanatory.
B. Chairman's Report regarding Diane Flagg on 1/9/06 - Bob Slebodnik
explained he met with Diane, Pam Lulich, Darryl Richard and Tessie Sillery.
They reviewed the status of projects and lack of progress regarding them.
Mr. Slebodnik gave an update on Projects I & II. Time tables were
discussed. The projects cannot be put out for bid until they get a Notice to
Proceed.
Darryl explained the Notice to Proceed is issued through FDOT. FDOT recently
changed their rules with a check list that is required for the process to go through
for the NTP. This is a new requirement. He tried to get grandfathered in
according to the old rules, but was turned down. The
check list has not been finalized by the Collier County Purchasing Dept. The
plans are ready to go as soon as they receive the NTP.
Diane Flagg concurred stating the State implemented a change and added the
checklist. Until the State knows what they want on the checklist, the County
can't move forward.
Again, at the meeting with Diane they discussed the Non-Potable Water Signs
and solar lighting at the foot of Forest Hills & Augusta Blvd. The Budget and
long-range projects were reviewed.
Mr. Slebodnik asked Tessie to make a "to do list" for Darryl at each meeting.
2
1611
Darryl reported there has been a change in personnel in the Department for
getting the information on the signs. After much discussion, Robert Kindelan
was asked to paint the edges of the non-potable water signs, within his Contract
according to the hourly rate.
David Larson reported the Lely Civic Assoc. is hiring someone to straighten and
re-anchor the new street signs.
Kent Technologies will be installing the new lights for the Doral sign by the end
of the month.
Since Project II has been delayed, Mr. Slebodnik suggested the Board members
consider working on two of the long range projects that were previously
identified. The first project would be to spruce up the school bus waiting area on
Doral. This would entail cleaning and sealing the brick pavers, and replacing the
decking on the benches with a material that does not rot.
The second project would be to repair the damage from Wilma at the Pinehurst
Estates entrance on Baltusrol. A clean-up and re-Iandscaping is necessary.
Bob Slebodnik moved to approve 53,500 for plant material on Baltusrol.
Second by Tony Branco. The estimate of approx. $4,500 given by CLM was
discussed. Carried unanimously 5-0.
Bob Cole moved to approve 54,916.66 for the Hurricane Wilma plant
replacement. Second by Ron Torp. Carried unanimously 5-0.
IX. Transportation Operations Report - Darryl Richard
A. Project 2 - status of bid proposals, lights, benches, etc.
. E. B. Simmons installed the controller for the light poles and are now
waiting for the meter to be installed by FP&L
. 3 Benches - CLM will give a quote to install them through his
Contract at the February meeting
x. Budget Report
A. Tessie Sillery & Bob Cole - Budget Committee
Budget was reviewed. (Attached) The water and sewer amount in the
annual budget was questioned. Tessie will have the figure changed.
B. Report Re: County MSTU Chairman's meeting on January 6th
Bob Cole attended the meeting with the Budget Office in which they
explained the carryover figures to each MSTU Chainnan. The Lely MSTU
will have a carryover figure of $146,000. The figure will be confirmed after
the audit is approved in February. The $21,400 for
Administrative services were questioned as each MSTU pays the same
figure.
Diane Flagg explained it is Darryl and Tessie's salaries which are based on
the time spent on each MSTU and their projects. If there are no projects,
adjustments can be made. Bob Slebodnik stated the amount of MSTU fees
should be linked to the revenue generated by each MSTU.
Several line item values should be established by members of the MSTU
rather than by Budget Personnel.
3
1611
XI. Committee Reports:
B. Doral & Augusta Sign Lighting - Tony Branco
. The wrong fixtures were shipped but are expediting them to stay on
schedule for installation at the end of the month.
. The Solar lighting for Forest Hills is expected in February
. Tony adhered the separation of the metal on both sides of the US 41
entrance sign. He also adjusted the lights and they are now aimed
properly.
. The Lely Civic Assoc. has paid Kent Technologies one-half the
amount for the project.
c. US 41 Entrance Landscape Committee - Ron TorplMike McGee
XII. Old Business:
A. Newsletter - An article can be placed in the Lely Civic Assoc. Newsletter
when requested.
B. Flag Pole Quotes - Darryl reported they do not have the quotes from Sign
Tech or Sign Kraft. They no longer make the steel poles but rather
aluminum with a satin finish. New foundations will be required.
Diane Flagg asked if Robert/CLM can paint the re-claimed water signs discussed
earlier in the meeting. Bob Slebodnik has the paint. The portion of the sign that
is painted purple will be painted brown.
XIII. New Business:
A. Need for a Vice Chairman - A Vice Chairman should be elected to fulfill the
duties in the absence of the Chairman. This will be discussed at the February
meeting.
XIV. Public Comments: None
There being no further business to come before the Committee, it was moved and seconded
to adjourn. The meeting adjourned at 5:30 PM.
The next meetin, will be February 16. 2006 014:00 PM
ColUer County Transportation BuildinglEast Conference Room
2885 Horseshoe Dr. South
Naples, FL 34104
4
1611
.
Commercial Land Maintenance, Inc.
Full Service Landscape Management
. '~NO
._~~~y~-~~ .
370 Commercial Blvd. . Naples, FL 34104
Office: (239) 643-6205' Fax: (239) 643-5012
E-mail: commland@aol.com
CUSTOMER NO.
BILL TO:
P.O. NUMBER
,
TOTAL
THANK YOU! WE APPRECIATE YOUR BUSINESS
PLEASE NOTE PAYMENT TERMS ON REVERSE SIDE
1.5% WILL BE ADDED MONTHLY TO ALL INVOICES OVER 30 DAYS UNTiL PAID
(
c
Fiscal Year
Expenditures
Operating Revenues
Other Revenue
Revenue Reserve
Beginnning Carryforward
Rev - Exp (Yr. Ending)
Carryforward Variance
Carry Forward Analysis - Lely Golf Estates Beautification MSTU Fund (152)
2002 - 2003 2003 - 2004 2004-2005 2005-2006
Actual Actual Unaudited Actual Approved Budget
$180,000 $127,200 $224,900 $228,600
$166,000 $182,800 $196,600 $235,500
$5,700 $14,000 $75,200 $1,000
$0 $0 $0 ($11,900)
$36,500 $30,300 $99,900 $4,000
~,' '.d Jl~fCl..'l5I'f!Ot'i~~ri~~mmrlllr~.'. .,' .. .,
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$142,800
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Lely Beautification MSTU
Monthly Activity -January 06 Meeting Report
Title
Sub-Title
FP&L - St. Andrews
FP&L - Doral Circle & RTSN # sign
FP&L - 64 Pebble Beach
FP&L - 273 Pebble Beach
FP&L - Valley Stream
Total
Amount
Electricity
Electricity
Electricity
Electricity
Electricity
$12.10
$17.70
$8.46
$8.46
$8.46
$55.18
Insurance General
County fee
Total
$300.00
$300.00
Lighting Maint.
EB Simmonds - Trouble Shoot - Entrance sign light
Total
$100.00
$100.00
Other Misc. Servo
Other Misc. Servo
~ancan-~anpower
~ancan-~anpower
Total
$215.87
$215.87
$431.74
Other Contractual Services
Commercial Land ~aint. - Dec. ~aint.
Commercial Land ~aint. - October Weekly irrigation
system check
$3,287.41
Other Contractual Services
$1,080.00
$4,367.41
Emerg. # 8 - WILMA
Commercial Land ~aint. - Clean up service
Total
$435.00
$435.00
Water {Sewer
Water {Sewer
Water {Sewer
Collier Utilities - Warren St.
Collier Utilities -Doral Circle
Collier Utiities - Valley Stream
Total
$88.74
$13.32
$36.19
$138.25
Sprinkler Maint.
John Deer Landscapes
Total
$23.68
$23.68
Other Engineering
Other Engineering
~cGee & Assocates - - ~aint. Fourth Quarter
~cGee & Assocates - ~STU phase 2 Renovations
Total
$1,518.75
$1,265.00
$2,783.75
Totallnv. Paid
$8,635.01
P.O. History
Capital Improvements
Kent Technologies - install light fixture lely
1,165.00
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COLLIER COUNTY LIBRARY ADVISORY BOARD
Thursday, January 26, 2006
Headquarters Library
AGENDA
1611
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Call to order
Approval of Minutes
Literacy Program Report
Report of Officers
Communications
a - written
b - Personal
RECEI\/ED
JAN 3 ) 2006
Board of County COmmls.Slonel"$
1. Employee of the Month - January
2. Golden Gate Library Construction
3. South Regional Library
4. Regional versus Neighborhood libraries
5. Holidays Closings
6. Personnel Changes
7. Circulation - FY05
8. Wireless Internet
9. Age restrictions for checking out video cassettes
/
Fiala /
Ha/a~ := ~ ::/
Henning
Coyle ~.~/_
Coletta ._. -
~
Unfinished Business
New Business
General Considerations
Director's Report
Report of the Friends
Adjournment
Misc. COf1'6s:
Date:!2ld d- '6/ b ~
Item #: {to T- ~C-. 9
Copies to:
1611'":~
Naples, Florida, December 14,2005
LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in
regular session at 2:00 p.m. in the Main Library with the following members present:
CHAIR: Doris J. Lewis
VICE-CHAIR: Sabina Musci
Loretta Murray
Karen Louwsma
ABSENT: Andrew Reiss
ALSO PRESENT: Marilyn Matthes, Library Director
Kathleen Teaze, Assistant Library Director
Roberta Reiss, Literacy Coordinator
Luz Pietri, Administrative Assistant
APPROV AL OF MINUTES
Mrs. Lewis asked for comments or corrections to the minutes of September 28,2005.
There being none, Mrs. Murray moved, seconded by Ms. Musci and carried unanimously,
that the minutes be approved as submitted.
Mrs. Roberta Reiss, Literacy Coordinator reported that the 'People in Stories' Series
Groups have already started. All other programs have also started for the new season
REPORT OF OFFICERS - None
COMMUNICATIONS
Mrs. Lewis reported having received a note from Karen Kocses thanking the Board for
having selected her as Employee of the Month for September 2005.
UNFINISHED BUSINESS
The Board reviewed the nominations submitted for selection ofthe Library's Employee
of the Month for the months of October, November and December. Mrs. Louwsma
moved, seconded by Ms. Musci and carried unanimously to select Bill Dejohn as EOM
for October 2005. Mrs. Murray moved, seconded by Mrs. Louwsma and carried
unanimously, to select Silvia Puente as EOM for November 2005. Then, Mrs. Murray
moved, seconded by Ms. Musci and carried unanimously to select Michelle Ramkisoon
as EOM for December 2005.
In reference to the Golden Gate Library construction, Mrs. Matthes stated that the County
has finally settled on a 17,000 sq. ft. library building. She also stated that preliminary
drawings are being discussed.
1611
. ,~~
,":'-I
In reference to the South Regional Library, Mrs. Matthes reported that a community
meeting concerning this had been scheduled for Thursday, December 15th at the Edison
Community College, South Campus from 6:00 to 8:00 p.m.
In reference to the Library's automation, Mrs. Matthes stated that the staff has been
working on some technical details. Training has been scheduled for early January. The
server is scheduled to arrive on January 9th. There are plans to go live on May 2nd, 2006.
NEW BUSINESS - None
GENERAL CONSIDERATIONS
Mrs. Louwsma asked about the status of the Everglades Library. Mrs. Matthes responded
that FEMA will be repairing the building. All the books have been moved out of there
and are presently being stored.
DIRECTOR'S REPORT
The Board discussed some changes to the Library Policies. Mrs. Lewis declared that
changes be approved. Motion carried unanimously.
REPORT OF THE FRIENDS - None
ADJOURNMENT
There being no further business to come before the Library Advisory Board, Mrs.
Louwsma moved, seconded by Mrs. Murray and carried unanimously, that the meeting
be adjourned. Time: 3:35 p.m.
1611
THE OCHOPEE FIRE CONTROL DISTRICT
ADVISORY BOARD MEETING
HELD DECEMBER 12, 2005
AT THE EVERGLADES FIRE STATION
F~E !\/ED
I- 2006
i:J.oare ,~d ~:dtlnlV CommISSioners
In attendance were the following:
Paul Wilso~ Fire Chief
David Loving, Chairma~ Everglades City Advisory Board Member
John Pennell, Plantation Island, Advisory Board Member
Mitchell Roberts, Copeland, Advisory Board Member
The meeting came to order at 7:05PM.
APPROVE THE MINUTES:
John Pennell made a motion to approve the minutes, seconded by Mitchell Roberts and
passed.
APPROVE RENEWAL OF JOHN PENNELL & JULIANNE BALLARD
TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD:
Chief Wilson said that for the record Mr. Loving is an automatic appointment by the
Mayor. Ms. Ballard and Mr. Pennell are both up for renewals.
David Loving said we had two applications from Port of the Islands and seeing how,
Julianne Ballard has been here for two years now, has probably made six meetings, that's
being generous.
Chief Wilson said that's probably close.
David Loving asked the other board members what they thought about that and that there
were two other guys that submitted applications do you think. we could look into seeing if
they might be interested.
John Pennell said maybe they would be a little more active.
Chief Wilson said you are more than welcome to revisit that area but they did not
reapply. The only applications you got were John's and Julia's.
David Loving asked did they advertise it at Port of the Islands that there was a vacancy?
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Misc. COrrE~s:
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Chief Wilson said it was advertised in the paper and advertised in the normal routine. He
said you can vote for her to be renewed or you cannot vote for renewal and ask
Ms. Filson to re-advertise for Port of the Islands. I will tell you she does want attendance
records from all of you. So that will be forwarded to her.
David Loving said Ms. Ballard hasn't really brought a lot to the table as far as any
concerns. Have you heard her bring up any issues out there?
Chief Wilson said not that I can really recall offhand.
John Pennell said they have a homeowners association which I assume.
Chief Wilson said they have several homeowners association.
John Pennell said she could pick one that could report from their meetings and come to
this meeting and get the news.
Mitchell Roberts said from what I hear they are trying to get a station out at Port of the
Islands.
David Loving said a big part of our tax base is coming out of Port of the Islands too.
Mitchell Roberts said it is hard for me to say because this is my second one.
David Loving said what are our options here? Do we have the old applications?
Chief Wilson said I don't but Ms. Filson does.
David Loving said can we see about contacting those two applicants, they seemed to be
two good applications.
Chief Wilson said one was good and one was not. One was not a registered voter.
David Loving said we had one good one but we wanted to hold out for Copeland, to get a
representative here, instead of having two from Port ofthe Islands. Personally I would
like to see us get a hold of the other good one tell them Mondays are our days and if he
can make it we may want to lean that way. Julianne Ballard filled out an application but
she doesn't come to the meetings.
Chief Wilson said it's your decision. You can approve Mr. Pennell and we can ask
Ms. Filson to re-advertise and maybe make a point to contact the one guy that was okay
and see if he is still interested.
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John Pennell said we need somebody that takes an interest in it and goes back there and
gives us some in put on what they say in his or her area.
David Loving said he moved to appoint John Pennell and was seconded and passed.
David Loving said on Juliann Ballard let's say we table this for a month and express our
concerns to Sue Filson and ask her to review that last application that we had with the
registered voter and see if he may be interested and contact Juliann Ballard and see if she
can make the Monday meetings in the future. Because that is our issue with her is that
she doesn't attend the meetings. (He made this a motion and it was seconded and passed)
Chief Wilson said the past reasons was after she got appointed to the board like four or
five weeks, a month to two months into it she got a job change so then she couldn't come
on Mondays. So that's when we tried to accommodate dates and all of a sudden we were
juggling three dates with one and my direction was to go back to the original day lock it
in you're there for that day or not and that's it.
David Loving said we have changed it before.
OLD BUSINESS:
David Loving said he had something about Pilt Funds just to give an up date from the
City. We asked the City Attorney to look into the possibility of talking to Mr. Mudd
about the Pili Funds. He wondered if they could get a break down as to what money was
received and where they put it.
Chief Wilson said you would have to ask the budget director for that Mike Smykowski.
John Pennell said we should be able to get a copy of it.
Chief Wilson said it is public record.
David Loving said it seems to me we could direct the Chief to provide us a copy of that.
Chief Wilson said he could ask for it no problem.
David Loving said do we need a motion for that or anything? He said at least we take a
look at where the money went and see if we're ok with that.
Chief Wilson said I just don't know if we can get past the Department of the Interior
stating that the governing entity of the County receives the money and disperses it as they
see fit.
David Loving said and that's how it's worded?
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Chief Wilson said that's how it's worded, as they see fit that letter is from 1998.
David Loving said ok well, from my experience they seem to bend when there is public
out cry or ifthey didn't get away with it.
John Pennell said we still don't get the money that we used to get.
David Loving said nobody likes the idea that we are taking care ofl-75 and we pay the
most etc...
Chief Wilson said every Fire Department takes care of roads that are not inside their
District it is the beast you got to deal with.
David Loving said you got to admit half of our calls are out there aren't they.
Chief Wilson said I understand that and Golden Gate runs just as many on their 30 miles
of interstate.
David Loving said maybe they're getting compensated for it?
Chief Wilson said no and North runs their share on their sections of the interstate then
you got lmmokalee running the State Highways outside of their legal boundaries.
David Loving said let's see maybe this could be an issue for North Naples to pick up on
and so forth. With fuel the way it is now it costs a lot of money, Golden Gates huge
we're small.
Mitchell Roberts asked has anyone looked at the fastest response time?
Chief Wilson said yes and the boundaries are set at the fastest response times.
David Loving said that makes us the 56 mile marker 30 miles that way that 50 miles one
way, 30 that way 100 miles round trip and the trucks get how may miles per gallon, five?
Chief Wilson said the diesels do pretty good.
David Loving asked if there was any other old business.
Chief Wilson said they only old business he had was the new trucks will be here in the
next week or two.
David Loving said two new pumpers.
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Mitchell Roberts wanted to ask a question in reference to 1-75. He said the media a
couple of months here was talking about the tolls doubling for increased traffic control
and emergency trucks and that type of stuff.
Chief Wilson said actually ifI may interrupt, I know all about that. I am on Traffic
Instant Management Group that's managing 1-75 from Tampa to Broward. Basically
FDOT is trying to raise the tolls to raise 1.2 million to fund 12 new troopers and 3
sergeants plus their cars and everything, that's what that money is being generated for.
I've made my campaign if they're going to spend 1.2 million to put cops out there why
can't you spend $100,000 to put fire/rescue out there. I threw the iron in the pit we'll see
where it goes. I have a meeting actually Wednesday morning in Ft. Myers.
David Loving said you think we can do that for $100,000.
Chief Wilson said they could put a station out there and we run it, it's not a problem. Set
up like they did Broward just put a trailer in tie it to the existing utilities and get it rolling
it wouldn't even cost them $100,000.
David Loving said so you'd have a station out there and the tax payers of Everglades and
the area funds all the help in there and the equipment.
Mitchell Roberts said part of that increase toll should go to split some of cost of the
salaries.
Chief Wilson said that is the grand scheme of things and I would suggest that you maybe
write letters to Mike Davis who sits on the FDOT appropriations committee.
John Pennell said we need some kind of address on him.
Chief Wilson said you can fmd him in the phone book, under the House of
Representatives if not you can call the Collier County information line and call directly to
his office. He has his office there when he is in town. He is actually the one trying to
spearhead stuffrolling. He would be a good source; it's going to take more than me.
He said he has thrown out there how much toll money do they have to have if they put
that many more troopers out there and they do the enforcement they're talking about
they're going to generate enough funds that they're going to be taking care of themselves
or at least back off a portion of the annual allocation and move it towards Fire/EMS.
Mitchell Roberts said if they worked it correctly they could maintain salaries.
Chief Wilson said or at least a huge portion because I know what they're doing out there
and the average is $200 bucks figure it out multiply it by a month then a year.
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Mitchell Roberts said if they get that many more law enforcement officers out there then
they will defmitely be the first responder for up to an hour before any emergency medical
help gets there so after that happens a little bit law enforcement will commission for it.
NEW BUSINESS:
David Loving said it has to do with the Paramedics here, are they actually taking people
by ambulance into Naples now or is it all Medivac?
Chief Wilson said no they do both, the Paramedic decides whether or not it's critical or if
their Medcom can decide if it's a situation like ifthere's no back up ambulances to come
out here if they go in by ground he might order the helicopter to come out and pick up so
he can leave a unit available.
David Loving said because there is one person his wife was in a coma when he came
home bleeding or whatever they Medivaced her out then she had another relapse that
wasn't an emergency but they Medivaced her again. He has about $15,000 wrapped up
into that alone, because it's $8,000 a trip.
Chief Wilson said it can be.
David Loving said maybe there's meds involved from here to there.
Chief Wilson said there's meds, miles fee, base fee.
David Loving said it's just a $1000.00 the trip from here to there via ground.
Chief Wilson said he didn't know.
David Loving said maybe this isn't our topic at all but I :figured since you're so close.
They were under the understanding that you are only Medivaced out of here now that
they're servicing 75 they keep that truck here for 75.
Chief Wilson said no, no bodies ever said that not in any Staff Meetings not in any
Bureau Meetings, nothing that is rumor, hearsay, that's people talking just to be
smashing.
David Loving said he is under the impression that if you leave here, you have to leave by
helicopter. So we can squash that.
Mitchell Roberts said it just seems, my opinion is, to be taken in the helicopter why, but
you say there's a coverage issue.
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Chief Wilson said the Medcom has the right to make that discretion if a person says they
don't want to go by helicopter they can say no and go by ground. The guy has to agree to
go in the helicopter unless they're unconscious, then it's the paramedics decision. You
have to agree to go in the helicopter. They have to ask them
John Pennell said they did ask me.
Chief Wilson said if they say we're going to send you in the helicopter and you go no
way in hell I don't fly in helicopters I want to go by ground that's it, that's the end of it
right there.
John Pennell said they asked me and I was just screaming with pain I said quickest you
can get me there.
Chief Wilson said exactly. The ambulance is gone right now from a walk up and they
drove them in. Not everything is Medflight.
Mitchell Roberts asked how does the coverage go on that?
Chief Wilson said when they get dispatched to a call a unit from Naples is automatically
dispatched to here for coverage. It comes out of either the East Naples Station that's on
951 which is Medic 14 and if they're busy it's come from Medic 9, which is the one
down by Floridian Ave.
David Loving asked do we reciprocate at all?
Chief Wilson said no. I think I've seen this unit move one time to Naples in the last 8 or
9 years.
David Loving asked is that a mutual aid agreement that you have?
Chief Wilson said no that's just the County EMS. County EMS has a coverage policy
that's about 7 or 8 pages thick. It's a floating coverage; I am very familiar with that I've
been dealing with it for many years. The additions ofthere units, they changes in the
zones and battalions and trying to become more Fire Department orientated. They've got
changes in things I'm not aware of as far as coverage goes but how it works out here for
sure.
David Loving said now we know we have the right to refuse. He asked if there was any
new business pertaining to the Fire Department?
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Chief Wilson said we are in the process of doing our FEMA paperwork for cost
reimbursements for damage to the station and FEMA will also cover mileage on the
trucks, they go by miles instead offue~ they'll be damage repairs to the station, they'll be
personnel costs.
Chief Wilson said on Chokoloskee we had a 2000-gallon diesel fuel spill. They're
almost fmished, they did a good job getting here and getting it out of the waterways and
all that. But then they had to go to the dock area behind the Parkway and literally dig all
that dirt out and drive way.
David Loving asked did they get into trouble over that.
Chief Wilson said he didn't know.
David Loving asked was everything was ok the way it was strapped down.
Chief Wilson said I don't know you'd have to ask the DEP folks. It's currently under
investigation.
John Pennell asked how's the boat, are they getting any calls with the boat?
Chief Wilson said no, the boats been quite, we just run it and exercise it.
John Pennell asked is it on the lift cord or do you still just scrub the bottom?
Chief Wilson said the bottom is bottom coated and painted. They take it out once a
month and clean it run it once a week check the pumps make sure everything is good.
John Pennell said it looks like they're fInishing up another unit over there.
David Loving said he heard they condemned the Parkway Villas or whatever, trailer park.
Chief Wilson said they condemned like 12 trailers I believe, they got diesel in, about four
foot marks inside the trailers. That end of the island took and eight foot storm surge.
John Pennell said we got 26 inches inside down stairs.
Chief Wilson said I think we had a pretty dramatic response to this area if you compare
this to an Andrew response. This area was fortunate enough to have electric and water
back up in 36 hours.
Mitchell Roberts said a lot of agencies didn't want it to look like Louisiana; I was
impressed it was actually too much help but rather had too much.
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Chief Wilson said that was years of liaison work being spent with all the right people and
pulling the trigger just as soon as I got in town. We got everything we asked for and then
some. There's new people in Emergency Management there's a lot more cooperation
going on between Departments things went a lot smoother this time. He said for the
record under the Emergency Management heading New Orleans issues deal directly with
their Governor Blanco and the Mayor of New Orleans not the Federal Government.
Mitchell Roberts I am one of those firm believers that during hurricane season that you
should keep your freezer a little bare and have some extra can goods and water around.
Chief Wilson said in their case the Federal Government was there within hours ready to
move and the governor told them we don't need your help. Three days later all heck
broke loose.
John Pennell said that's a rough place any way because they are starting out already
below sea level.
Chief Wilson said 5 feet, 8 feet something like that buih on a bowl. Anyway new trucks
should be here in a week or two. We'll have an all out showing once they're done.
They'll be here but they won't be in sight for a few days while they get striped and
lettered, equipment move over on them. We'll be getting rid of the 81 and 83.
Chief Wilson was asked if the Fire Boat would be able to go up Halfway Creek due to the
Government placing horsepower restrictions on motor craft in certain areas.
Chief Wilson said the Fire Boat will go where it can float, it is exempt from all that when
it comes to an emergency.
Mitchell Roberts said that Copeland is going through some water main issues and stuffup
there part of making the community better may involve the extension of fire hydrants.
He wanted to know what the requirements are, how big the service pipe had to be. I
guess most insurance agencies especially now with hurricane stuff anything over 500 foot
scares them.
Chief Wilson said you are absolutely right actually it's within 1000 feet of 100 or within
5 miles of the Fire Station. You are actually in, you are considered in under our
coverage. He said a six-inch main is the best to feed off a hydrant.
David Loving said it six inches all the way up from here.
Chief Wilson said its six inches up from here and when they re-did the ones in here they
put in ten-inch lines and then they go done and spread out.
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David Loving said we have the capability to carry a lot of water that way too.
Chief Wilson said I may be wrong but I'm 99.9% about sure that Lake Gloria qualifies as
a water supply for us to draft if it qualifies under the ISO then you insurance company
shouldn't be baulking.
Mitchell Roberts said he got me thinking that for Copeland to be better people are going
to have mortgages, homeowners insurance a lot more things and some type of structural
msurance.
David Loving said the bulk of your insurance is wind and flood. He thinks that fire
protection is pretty cheap.
Mitchell Roberts said he thought he'd ask. He's pretty sure the six-inch is not going to
happen.
Some one mentioned that the hydrants on Plantation Island are not to code.
Mitchell Roberts asked whose responsibility is that?
David Loving said that's the County.
Chief Wilson said who ever is the governing water person. The City of Everglades is
receiving money from Plantation Island for water bill then City of Everglades is
responsible for those hydrants.
David Loving said we're negotiating for hook up out there aren't we.
John Pennell said yes on sewer?
David Loving asked for water?
John Pennell said we have water.
David Loving said we're already responsible for that.
Chief Wilson said the other part of the pie that's out there is the hydrants could have been
put in and when they were put in they were code but then as time moves things around.
I've seen hydrants that I know 20 years ago were above ground now there's only this
much holding.
John Pennell said they've put a lot offill in too.
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Chief Wilson said true and that changes things unfortunately rather than go dig a hole
around the hydrant and put an extension pipe on it raise it up it's one of the last things
that gets done, in some cases it never gets done.
David Loving asked do you exercise those hydrants?
Chief Wilson said sure.
David Loving said you exercise all the hydrants?
Chief Wilson said yes we exercise all the hydrants.
David Loving said I remember you talked about having to buy some one a new dress or
something like that.
Chief Wilson said that happened once under Vince back in 96,97 something like that.
They flowed enough water that they disturbed the iron sediment in there but I would also
defend the fact if the City water Plant is correctly maintaining their hydrants there won't
be iron build-ups. They're supposed to in flow and out flow. When the City water plant
came back up the US Water folks asked us to go down to the end ofChokoloskee,
farthest end we could go and open hydrants and flow till they were getting chlorinated
water out so that they could make sure the lines were clean.
John Pennell said one thing they get leaks, they shut the water down and then when they
turn it back on you get all that stuff any way.
Chief Wilson said if they flowed those hydrants at least once every six months there
wouldn't hardly any substance in those lines and ifthey just blow them once a year that
would be ideal. We flow them once every three years but we'll open them and lubricate
everything every year twice a year actually.
John Pennell said the City should know the minute when it flows back you're going to
get all that stuff floating around.
Mitchell Roberts said they pretty much know I think there is a water requirement that
municipal water systems have to exit the system every so often.
Chief Wilson said the City has US Water handling it I think that every thing will be fine
or a lot better than it has been. At least when I talked to the guy he knew what I was
talking about and then he asked for our help.
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David Loving said they have valves that they also have to exercise that haven't been
exercised in a while. An incident in Chokoloskee to fix the leak. they couldn't turn off the
valve because it had frozen up. So what happened was Chokoloskee was with out water
for a long time for an hour and a half or something like that maybe a day.
A motion was made to adjourn and was passed the meeting ended.
7~AA.t J ({J~
Chairman
Ochopee Fire Control District Advisory Board
Page 12
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1611
THE OCHOPEE FIRE CONTROL DISTRICT
ADVISORY BOARD MEETING
HELD APRIL 5, 2004
ATTHEEVERGLADESFmESTATION
RE E\\!EO
~)
Hoan1 ()f Cot'nt\i C:,ormniS::i01l8rs
In attendance were the following:
Paul Wilson, Fire Chief
David Loving, Chairman, Everglades City Advisory Board Member
Kent Orner, Chokoloskee Island Advisory Board Member
John Pennell, Plantation Island, Advisory Board Member
Julianne Ballard, Port of the Islands, Advisory Board Member
Jane Bee, Lee Cypress, Advisory Board Member
Member of the Public and East Naples Fire District
Chairman David Loving called the meeting to order at 7:03PM.
APPROV At OF THE MINUTES:
David Loving made a motion to approve the minutes; it was seconded by Kent Orner and
passed.
EAST NAPLE FIRE DISTRICT PRESENTATION:
Doug Dyer said many of you may remember me Doug Dyer, here with Chief Leo Davis,
Captain Joe Crato who is our EMS Training Coordinator and Greg Spears Junior
Relations Officer. He talked with Mr. Loving. We are at a cross roads with the whole
feasibility study as you may recall back in October of last year Chief Wilson, Chief
Rodriguez of Isles of Capri and Chief Shank our Chief went to the County Board of
Commissioners and asked for permission to investigate the feasibility of merging Isles of
Capri, Ochopee and East Naples Fire Districts. It has been a long six months and I've got
the education of a lifetime. A lot of things I learned about County Government some of
the things I've learned about our own Department and your Departments has been very
enlightening. Never the less in the beginning Chief Wilson, Chief Rodriguez, myself
Chief Davis and Dan Summers, who is the Director of Emergency Management we all
got together and we said here is where we are, here is was we got, what are we going to
do with this? How are we going to go about the feasibility? So the first thing we decided
was to come up with a format on how to go about the study. Which is a very basic
format.
Misc. Corres:
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Doug Dyer (continuation)
The fIrst thing is to identify what we are trying to do, identify the problem that is before
us, figure our what we want to do with it and then learn about the back grounds, about
why that particular problem or statement is important to us. we gather all the facts make
some assumptions and some of them being 90% true, but youjust couldn't quite put your
fmger on it and then we would develop a criteria for the best solution. In other words
whatever solution the course of action we develop it would have to address that criteria
and meet those. I do not have a big power point presentation to show you tonight but I do
have them written down, I can read them off to you and then we can discuss them, as you
like. So we wrote the criteria we developed courses of action or solutions to it and then
we would compare those course of actions or the possible solutions to each other and the
criteria to make sure it was something we could do and then we would come back with a
recommendation. Now where we are right now is Chief Davis and I from an East Naples
perspective and I think Chief Rodriguez and Chief Wilson have a good feel for it but they
are not up to date, maybe as to the last few days. We are going to go to our board next
Tuesday, our next commissioners meeting, and we are going to recommend that we do as
far as the merger is concerned. I am going to tell you what our recommendation is, just
as long as you understand that our word is not the final word it is our board's decision
whether they adopt it or modify it or send us packing and go back and redo it again or
something else that is where we are right now. Now I am going to tell you what the
recommendation is up front just so you have an idea of where we are going and then I'll
go back and kind of fill in the blanks a little bit. The recommendation that we have to our
board next week is to sequence the merger ofIsles of Capri and Ochopee Fire District
into the East Naples Fire District by phases. First merge the Isles of Capri Fire District
into the East Naples Fire District while concurrently maintaining Ochopee as a dependant
District for a period of not less than one year to allow the transition ofIsles of Capri to
stabilize. Subsequently establish a legally acceptable and mutually satisfactory
agreement between the East Naples Fire District and Collier County Board of
Commissioners for administering fire protection in Ochopee while retaining the ability to
levee a 4-mil tax. Once sustain revenue growth permits the Ochopee millage rate will be
decreased over a period of years until is matches the East Naples millage rate. When the
Ochopee millage rate matches the East Naples millage rate the Ochopee Fire District will
be merged with the East Naples Fire District.
David Loving asked if this was a five-year plan?
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Doug Dyer said he did not put a specific number on it because he doesn't know what
dollars will be coming in. We have the East Naples, Isles of Capri and Ochopee Fire
Districts. The Ochopee Fire District is at 4-mils, Isles of Capri and East Naples are at
1.5-mils. Ifwe were to do an out right merge straight up across the board by law we
would have to drop your millage rate to 1.5-mils we can't do it. It is not fmancially
feasible all three of the Districts would be suffering for at least 5 to 10 years it would be a
financial set back. Your advalorem revenue would drop to about a 1/3 of what it is right
now and basing this on what Mr. Loving said last time, at least with the potential for the
drop of the millage rate over time there is a light at the end of the tunnel. Right now you
don't have any light at the end of the tunnel for dropping your millage rate period.
Unless you do away with the Fire Department all together, there is no way you will be
able to add resources sufficient enough to meet minimum industry standards for fire
protection, four guys at four mils right now and for the foreseeable future, about five
years. I've got studies from the Property Appraiser's Office, I've gone to zoning, and I
know basically what can be developed in the Ochopee Fire District and how it's zoned.
The only main corridor that you can be developed is along State Road 29 and US 41
corridor right up by Carnestown in that area that is zoned non-agricultural acreage. You
have a couple of thousand acres that are owned by the Barron Collier Corporation in all
it's various names that they have. But it is zoned as agricultural and it's sensitive lands.
You have the potential for redevelopment with in Everglades City and the Ochopee area
but there are not a lot of places. You live here you know what can be built and where a
lot better than I do just looking at pieces of paper. So the only thing that we can do for
the long term, like in four or five years is to merge you in and slowly drop your millage
rate v.. of a mil or 'is a mil each year until it matches whatever our millage rate is and then
at that time we would merge. Because we have an interest you have an interest Isles of
Capri has an interest and all of them are mine. We don't want to be paying 4 mils for any
longer than you have to and we don't want to financially bankrupt our Department or
Isles of Capri's Department by taking on a risk by dropping you to 1.5 mils we wouldn't
be able to do it. We would never be able to look you in the eye, or Isles of Capri or East
Naples Citizens in the eye and say this was the best we could do. Because we wouldn't
have done the best we could. We would be setting everybody up for failure in the long
run at 1.5mils. Again to go back and say it a little bit differently, merge with Isles of
Capri let that transition take affect, probably about a year, go back to the Collier County
Board of Commissioners ask for an agreement that is legal and is satisfactory to Ochopee
and East Naples that allows us to manage the Ochopee Fire District while retaining the 4
mils. Then we've got the growth in East Naples and Isles of Capri that will start helping
to off set the millage rate at that point. Then we can start dropping the millage rate in
Ochopee by whatever we can, a v.. of a mil or 'is mil a year until it gets to our current rate
is 1.5 mils. I don't see that changing; it has been that way for 20 some odd years, and I
don't see us changing it any more. So till yours drops to 1.5 mils then we will pursue the
merger that is the best way we can do it financially. He has a 30-page paper explaining
how he got to that.
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(Continuation of Doug Dyer)
That is assuming right now our Firefighters, your Firefighters and Isles of Capri
Firefighters salaries and benefits that we have in our contract applying a percentage of
increase, which in our contract is a 6% annual increase for Firefighters salaries an
estimated 3% for the benefits package that all of East Naples Employees receive, then
you add in some basic cost of living on top of that and you can see where the money is
going to rapidly go away. Ifwe were to try and merge because we would be required to
add you Firefighters to be a part of our bargaining unit and receive the same pay. The
other advantage to this, when we met with the Ochopee Union they had some concern's
about the merger. We have requirements in our contract for promotion testing. When
you sit for a driver's promotion test, Lieutenant's Promotion test, or a Captain's
promotion test there are certain educational requirements that you have to have in order
to sit for the test. For a Driver Engineer, which is an actual position, it is a 15% pay
increase from whatever your Firefighter salary is and it is a 15% increase for each rank
after that. It's 15% Driver Engineer, it's 15% for Lieutenant and 15% for Captain. For
Driver Engineer you have to have a 40-hour pump operator's class, a 40 hour hydraulics
class, and a 40 hours air operations class which it takes a lot of time to get that. For the
Fire Officer's Class there are 1 0 classes most of them are 40 hours some are 16 to 24 hour
classes. Again those classes are required to sit for the test and some of your guys
wondered if they would have enough time to meet those requirements so if a merge did
happen that they would be competitive with our guys. As I explained to them once
you're a part of that bargaining unit all the rules and regulations some that we like some
that we don't like apply to everybody across the board. So you can't pick and choose it
is all or none as far as the contract goes. As for Captains you got to have
Fire Officer I Classes and an Associates Degree in a Fire Department related subject. So
you see the requirements build each time you go up. So for Driver Engineer or
Lieutenants or for your guys to be competitive with that they don't already have that
certificate they asked if they could get a grace period in order to do that. So waiting a
year after merging with Isles of Capri and then wait a year and come back and work with
Ochopee that would give them a year's time to start pursuing this stuff if they wanted to
that's one ofthe positive sides of it. The most positive is it does not financially set any
body back. You are already paying 4 mils, I know you don't like it, I wouldn't like it,
and it would just be a continuation for a short period of time until it starts dropping a
certain percent a y,. or ~ mil every year until it matches ours. That is it in a nutshell is
there any specific questions or any questions I can answer for you about that.
Jim Reed asked now once you begin managing this Department there was talk of having
a Fire Officer here on scene and that Fire Officer would be here on each shift a Captain or
a Lieutenant?
Doug Dyer said yes, a Lieutenant.
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Jim Reed asked would we also have a back up as you were talking about as a station at
Six L Farms or Port of the Islands would that still continue in the plan?
Doug Dyer said yes.
Jim Reed said so another words let's say our guys get a call and they go to the County
line which is 30 miles on down the road and on that dispatch they would send another
unit they automatically start to roll this way to cover the slot. I think we talked before
about units and you said we would have better units down here because ofthe distances
we would need to more equipment down here.
Doug Dyer said looking at the Ochopee District personnel coverage the one thing
whether you realize it or not is when these guys run a call up to the Alley which a 1/3 of
their calls annually are up on Alligator Alley, they are gone leaving this District with out
coverage for two hours or more depending on the nature of the call.
A comment was made form the audience that no, there is always some one here for
coverage.
Doug Dyer said so you have off duty personnel come in to cover while they are out on a
call.
FF Grimm said there are four men on duty if two go in the attack truck the other two
remain at the station we've done that for years.
Jim Reed said then you can't go in structure fIres; you have to have two to go in and two
out side.
FF Grimm said there are no structure fIres on the alley.
All the guys have radios so when they go home they have them on our ops channel so we
can tell the other guys if there is a structure fIre.
Doug Dyer said I don't think I said there were structure fires on the alley.
FF Grimm said you mentioned about two to go in, I just assumed that's what you were
talking about structure fIres.
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Doug Dyer said we'll talk about that in a second too. But if you do run to alligator alley
and you have you off duty personnel that can come in to cover the calls that's great. If
there here or not, down town or wherever the case may be. I know that you have some
volunteers that can also come in and provide assistance. You have four guys on duty 24
hours a day that's good. I've been misinformed about some of that information.
Regardless four guys running a call to a structure fIre not on the alley any where is
absolutely minimum required by industry standards, NFPAI500, NFPA 1710, you can
just go down the list you need more guys. Now if you have guys that come off duty to
do it that's super and volunteers that's even better. But what we're saying is you got also
a portion of your District that pays 38% of your advalorem revenue that has no coverage,
which is Port of the Islands for any period of time it takes for your guys to get there. So
they don't have anybody out there looking out for them for a period of time. Ifwe were
to merge, we fIgured out with the employee costs and everything like that we would
move probably in about 2 ~ to 3years to build a station at Port ofthe Islands with a four
man minimum engine at that location. So plus you would have back up coverage, East
Naples would also, it's not in the fIve year plan, but is a little further out, which is to put
a station at Six L's Farm area based on the growth we expect to have in that location. So
we do have other stations that we looked at putting in. We have had introductory talks
with DOT about a station on 1-75 at one of the rest areas again that would be outside of
fIve years from now that's some of the things we're looking at. You need more guys here
that's the bottom line. Four guys is not enough to do it safely relatively safely,
frrefIghting is a dangerous business we all that. 1 give a lot of credit to these guys they
have lot of courage and a lot of good common sense since they haven't been hurt so far to
make sure they stay out of trouble. It's pretty easy for something to happen even in the
biggest Departments. Just because it is a small Department, big Departments have the
same problems as well guys can get hurt or killed. It's a little bit easier out here four
guys by themselves till somebody else comes and helps them. That is pretty much it as
far as the station that is with in fIve years we are looking at Port of the Islands, increasing
staffmg here and then dropping the millage down to 1.5 mils over a period of time. We
were asked to fIgure out a way to do it that's the way we fIgured out how to do it with out
crippling all of us.
David Loving asked if this goes through immediately they intertwine with your benefIts
and so forth you embrace them with your union is that what is going to happen or are you
talking about when we merge?
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Doug Dyer said probably as soon as we start doing the Administration piece of it my
assumption is that we'll automatically just go a head and incorporate them into the
benefits and the salaries that we have with in the contract. I think it would be more
expensive for us to try and maintain the health benefits package that they have with the
County for a smaller portion. Because the County has several thousand employees they
can distribute that cost of health care. Where as if we try to have a separate health care
benefit which is not as good as ours, but just try to maintain it, it would cost us more than
the County. It would be more financially reasonable for us to just include them in our
health care plan.
David Loving asked what about these requirements like for Driver Engineer and so forth
when would you implement that.
Doug Dyer said that wouldn't happen until the actually merging. We could do that
internal to Ochopee District we could do it that way but I hadn't considered that piece of
it.
Leo Davis said just to get them ready, do it internally to get their certifications up.
During the Administration part of it prior to the merger they wouldn't be required to
move stations or anything like that.
David Loving asked they would or would not?
Leo Davis said they would not they would stay out here.
David Loving said and you're thinking how many years?
Doug Dyer said I'm thinking if the recommendation that we are going to present to our
board, Isles of Capri, Chief Rodriguez knows about it, his board has not been formally
advised. We would look for October 2004 to initiate the merger between Isles and East
Naples. Then at the earliest October of2005, actually we have been working on it all year
long, to be affective at the earliest October 1,2005 where we assume administration and
management responsibilities for Ochopee and then after that it would be a couple of
years. Actually sooner then that after a year or two you will start to see the millage drop
then you'll be at 1.5 mils. Let me say all of that everything I have said it based on one
thing that's the money coming in for advalorem taxes, with property appraisals as well as
new construction. Ifthe money does not come in, if you're familiar with just doing
projections there is a formula how you can project into the future.
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(continuation of Doug Dyer)
I've got the assessed property values for all three of the Districts the percentage of new
construction. How much do you think your total revenue and advalorem taxes are in just
new construction? What is the percentage? Just the advalorem fees it's 3%. How much
do you think East Naples is? It's only 5% or 6% it is not as much as you think. The real
dollar value is in, when the property appraiser come out and reassesses the value of your
home based on how much the home next to you sold for or how much the guy tore down
the house he bought and built a bigger house, how much he pay for that in land and
construction costs. That's where the majority of your advalorem taxes are based on. But
again I know how much money it is for the last seven years and there is a program, you
can do it by pencil if you are so inclined, it is called linear progression analysis. You can
extend or project out, of course the further out you get the weaker your analysis is
because lots of things can happen. But I projected what I though was fairly accurate for
five years. I can tell you this is what I know about this, if you want to know what PUD's
you've got I can tell you that too. See this isn't done yet I don't have a table of contents
to help me find stuff. Just to give you some ideas, Ochopee brought in $456,495 in 1997
that is an advalorem of 4 mils. Isles of Capri at the same time brought in $223,306. This
last year estimated from the property appraiser's, we're in the middle of this budget year
now, so we should have a little better numbers than this. Ochopee brought in $972,983
for 2004 budget year. By 2008 which is at the end of the five years that he has projected
Ochopee at 4 mils would have $1,298,325 coming in at the same time Isles of Capri
would have $793,205 coming in, and East Naples would have $10,160,477. There is two
different ways to do this progression analysis magic. The first way is the linear just a
straight step up. There is another way called the expediential that makes a curve up and
that is to account for rapidly increasing property values and everything. If you look at the
expediential growth Ochopee will be $1,648,462 Isles of Capri will be at $1,147,995 and
East Naples will be at $12,312,850. The total revenue for the three Districts combined
assuming the economy and everything else holds would be $15,145,307 by comparison if
we dropped Ochopee to 1.5 mils we would loose a million dollars right off the top it
would be $14,092,518. So you can see going back from the $1,648,000 it would only
bring it $831,000 from the tax base. I know that sounds too business like, but I would
think. you would want somebody to be looking out for your dollars. We're looking out for
East Naples dollars and your dollars and Isles of Capri's. I looked at all three Districts as
objectively as I could and come up with the best recommendation that benefits
everybody, all three Departments not one Department over another Department. The first
one course of action of solution was to simultaneously merge the Isles of Capri; Ochopee
Fire Control District into the East Naples Fire District that sounds pretty simple doesn't
it.
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(Continuation of Doug Dyer)
The very frrst criteria for any solution that we come up with is that it has to be
fmancially feasible. It has to work with the money. The second one is that it maintains
or improves employment security, salaries and benefits. We don't want to hurt anybodies
payor benefits. The third one is it creates opportunities for professional development
and advancement for the Firefighters. The fourth one is by combining all of our
resources we are able to produce a more effective, efficient and safer Fire Department.
The next one is it increases current Firefighter staffmg levels and of course the financial
resources over that period of time. It enhances the ability to expand a marine fire rescue
services that applies especially to Ochopee and Isles of Capri. We have some waterways
that we have a need for also. It's got to bring resources closer to the Ochopee Fire
District. It has to enhance the partnership between the Fire Services and Emergency
Management. It addresses the future potential problem of Isles of Capri and East Naples
sharing the jurisdiction of two communities, that doesn't have any bearing on Ochopee,
but for Mainsail Drive and Fiddlers Creek we share pieces of that. Today we get along
great a couple years from now when Chief Rodriguez retires, I retire and our Chief retires
next thing you know you'll have a gun fight over turfwars we want to prevent that. The
next thing is addresses the immediate long-term growth needs for all three districts and
then it finally minimizes the impact on administrative and operational workload. We
need to make sure it will work money wise, looking to take care of all the guys and then
we are looking to make sure all of you are taken care of as well these are the three things
that is what we are trying to achieve in a nutshell. The first one simultaneously merges
Isles of Capri and the Ochopee Fire Districts into East Naples Fire District. The only
advantage to this particular one is that it addresses the future potential problem ofIsles of
Capri and East Naples sharing the two areas. It is not financially feasible. Now when
you look at all the numbers you try to keep the employee costs, salaries, and benefits to
around 80% of what your total revenue is going to be. So that is what he uses. If
everything just kind of marches along straight up using the straight linear progression, if
we merge all three Departments in the first year we would get 87%. In the second year
we would account for 95%, just in employee costs alone of all three District's budgets,
that would leave 5% to the State because by law we can only budget 95% of our
projected revenues. That means we are not buying any fuel, running any calls, not fixing
frre trucks we're not doing any thing. We are just paying our people, but we won't be
doing what we need to be doing. In 2006 it's starts dropping a little bit we go to 94%,
and another 94% and then in 2008 it jumps back up to 95% that's if you guys are still at 4
mils. Ifwe dropped it to 1.5mils in the first year we would be at 93% the very first year
of salaries. The 2nd, 3rd and 4th year we would exceed our budget by 1% we would be at
101% all four years it is not financially feasible for us to merged like that.
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David Loving said Doug as far as the money goes I haven't really heard a whole lot of
complaints. We've been at 4 mils for I don't know how long. He asked some one how
long have we been at 4 mils.
Some one from the audience told him we have been at 4 mils since 1989 and before that
we were at 3.5 mils.
David Loving said at least we can see light at the end of the tunnel as maybe getting back
to 3.5 in the foreseeable future. I think what I hear mostly is how we are going to run our
Department. We think that it could be run better with maybe some more qualified people
down here. Like the Chief for instance has a certain job description that Collier County
implemented and I hear that a lot of people are concerned about our guys safety because
he doesn't meet the requirements of Collier County. I don't know what your standards
are I sent you a copy of what Collier County's is. Is yours more stringent than. Collier
County's?
Doug Dyer said he has not had a change to read those yet. Just to be honest with you I
am not here to address any concerns that you may have with Chief Wilson.
David Loving said just for a for instance what do you have in mind for a Chief and when
are those qualifications. We know for our guys to drive our fire trucks he has to have a
certain education qualifications otherwise he is not going to be driving the truck. When
does it start and where does it end as fur as the administrative end of it goes.
Doug Dyer said are you talking about during the administration period or other quasi
contract or something along those lines. During that period the Department would
remain intact the way it is the personnel they way they are assigned to it. What you
would have in addition to that is a Battalion Chief or a Captain to help after hours with
running some calls down in this area. You would get the support staff from the
Operations Chief the training the medical side you would get all of that. As far as a Chief
coming down and taking his place that is not part of what we are talking about.
David Loving said lets just say a Captain, what do you require, for just a Captain.
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Doug Dyer said a Captain in our Department is required to have seven years of duty in
the Department he will have served a minimum of two years as either a step up
Lieutenant, this means he steps up and acts as a Lieutenant, or one year as a pennanent
Lieutenant. He has Fire Officer I Certification, and an excess of over 300 training hours
and an associate degree in a Fire Department related subject. It could be Fire Science, it
could be Emergency Medical it could be Business Administration. As long as it applies
to something we do in the Fire Department as long as he or she has an associates degree
that works. To be a Lieutenant 5 years with in the Department have the Fire Officer I,
have served as a permanent Driver Engineer for one year, or as an acting Driver Engineer
for two years which means you have to pass the test in order to do all of that.
Kent Orner so this does not prevail on seniority it is qualifications?
Doug Dyer was stopped in the middle of his answer to this question.
Some one from the audience said we are here about the merger not who should be Chief.
How many Structure Fires did we have here in Everglades City last year?
Doug Dyer said according to the Chief Wilson you had 6 to 10 true Structure Fires per
year.
Then he was asked how many medical/accidents did we have on 1-75 last year?
Doug Dyer said you had about 230 calls to the Alley.
David Loving said when you list the Captain's qualifications and then you look at what
we have here. I have a list of concerns here and I don't want to put you in a bind here.
Does the public have any concerns?
Vivian Brown asked if we merge with your Department will the men have to pay for their
training?
Doug Dyer said if we merge it depends, actually all of it one way or the other is paid for
by the Department. It depends on what type of class, because we have it written into our
contract that if you go to Ocala or Edison you pay fITst and if you get a C or better you
get reimbursed. If you go to some other seminars around the state or wherever, then
we'll pay for your travel, lodging, classes. Ultimately they pay for all the training they
go to.
Vivian Brown said but for our men in Ochopee since they wouldn't be merged in until 5
years and it is recommended that they start their schooling now or with in the year they
wouldn't pay for it unless it came out of the Ochopee Budget.
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Doug Dyer said correct, now the other thing I will say this we don't necessarily pay our
guys salary, depends on the kind of class they are going to. Whether it is on their own
time or get salary for it. When they go to the Florida State Fire College in Ocala, usually
they are one their own time. They may take Department time off or they might have to
get a shift exchange or something like that because we have to keep up our minimum
manning. The other side of that is I've been as a Training Officer for East Naples been
working to get the capabilities to teach all those classes. So I can teach 90% ofthose
classes without those guys having to go some place or spend more money.
Raymond Schneider asked if they had to swap stations.
Doug Dyer said during that Administration phase they stay here. Once the merge
happens there is going to be a transition period. We don't know our way around here.
Raymond Schneider said it is best to keep them in the area.
Doug Dyer said but at the same time what we figured we would do is open it up to guys
who did want to go to other parts ofthe District. He knows a few guys would want to
come to the Ochopee area just to see something different and run different kinds of calls
because we get different kinds of calls than what you get here. But the main thing is in
our contract we have every year in September all the guys on shift come together and
based on seniority they do a couple of things. The frrst one is they'll bid their vacations
regardless of your rank., bids frrst, and then they'll go to stations. We have one Captain
who is notorious for detail and three Lieutenants for the three stations we have and soon
we'll have four Lieutenants. What they'll do is bid by seniority not time and rank. that
Lieutenant will bid for which station he wants to go to. Then the next most senior guy
bids that happens to be a Lieutenant then the Firefighters and so forth and so on. They'll
do that for the whole year. Now what happens even though it isn't written in the contract
anywhere the guys get together before the bids and say I really want out of this station
and no problem we'll take care of it but sometimes it doesn't work. So that is how they
bid the stations.
Raymond Schneider said so they would rotate after a while.
Doug Dyer said after a while, we want to have a short period of time a year or two and
then we'll rotate.
Jim Reed said on the bid system if a guy wants to stay here and he is a Firefighter he
stays here he doesn't bid out. He doesn't go anywhere.
Doug Dyer said no it goes by seniority. If he happens to be the most senior Firefighter on
that shift he can go anywhere he wants to go. But if he is a two year or three year guy...
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Jim Reed said when he gets promoted, let say to Driver Engineer now he is bidding as the
low guy he kind of gets what's left on the Driver Engineer side?
Doug Dyer said ifhe was a five-year Firefighter he's bidding against all the five year
Firefighters.
Jim Reed said he is not bidding against the other Driver Engineers?
Doug Dyer no, ifhe is a five year Firefighter and tomorrow he gets promoted he is a five
year Driver Engineer and he is bidding against every one else.
Leo Davis said you would go where the vacancy is and then the next October when they
bid again then according to his seniority he would go where he wants.
Doug Dyer said let me back up let's say in the middle of the year a vacancy occurs and
we've already established a promotion list at the beginning of the year. If the vacancy
occurs and he was at the top of the list he would have to go where the vacancy is. So in
that case if he wants the promotion he has to go to where it is at that point. But at the
beginning of next September then he can bid based on seniority.
David Loving asked what is your average seniority in your Department?
Doug Dyer said it's dropping.
David Loving said so is 5 years your average if you take off the top and the bottom.
Doug Dyer said 12 to 15 years is average but a lot of that inside of three or four years 1/3
those high end guys are going to retire.
David Loving said so you are talking about 10 years. So if a guy has five years he will be
right in the thick of seniority.
A question was asked if all jobs are bid in September or only the open jobs are bid. So
come September no body has a station every body has to bid.
Doug Dyer said yes, come October 1, you are just working somewhere else it really isn't
that confusing.
Leo Davis said a lot of guys' stay where they are, they are usually happy there. There
isn't a lot of movement. Maybe two or three guys on a shift might want to move.
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Doug Dyer said guys get used to working with certain guys they like working with they
just stay that way.
Leo Davis said they like that familiarity.
David Loving said by the time a guy has been here 5 years by the time he gets meshed
into this he'll be ten years. Your seniority rate is dropping.
Leo Davis said I can't see where a lot of people on that end want to do the extra driving
time it takes to get out here.
Doug Dyer for the same reason your guys don't want to drive out there.
David Loving said our guys might want to go there for promotional reasons. If they study
for a promotion and one becomes available in East Naples or the younger guys might
want to see more action see what it is like to do 20 calls a day to see what that's about for
a year.
It was also mentioned that one of the Lieutenants might want to spend six months up
there to do some training.
Doug Dyer said like right now we have two Lieutenants one bid Station 20 on Davis and
the other Station 21 on the East Trail. They got together and said hey you want to work
out here for a little bit I'm tired of working these calls off Davis and they'll swap for a
couple of months.
Tom Mitchell asked during the interim if a position opened up here how would it be
filled? Would it be filled through the local people or through East Naples?
Doug Dyer said you would fill it from here. Merging and Administrator are two different
animals. The Administrator or Managing Contract is my understanding that we would
have the ability to change certain policy and procedures to start moving in that direction
it would still be confmed to the Ochopee District. We wouldn't have a vacancy here and
fill it with a guy from East Naples. The same way the guys from Ochopee would not fill
a vacancy at East Naples.
A lady asked from the audience you are talking like at merger time our guys are going to
be merged in with your seniority.
Doug Dyer said exactly.
She said they are going to be merged with their full seniority?
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Doug Dyer said whatever your accrued vacation or accrued sick time, your seniority it
transfers over.
Kent Orner asked since you are possibly planning a merger with Isles of Capri within the
next year has their been a discussion with the union or anyone as to how they are
merging the seniority list if not any time frame prior to the merge that would take place?
Doug Dyer said we have talked to our union president, just like you are concerned about
your seniority they are concerned about their seniority. But we are trying to be fair to
every one that is involved. We have talked to our union folks but Isles doesn't have a
umon.
Kent Orner said I am sure they have a negotiator. Does date and years apply in reference
to seniority?
Doug Dyer said if we've merged, yes.
Kent Orner said ok that's fair enough.
Doug Dyer said if you got it when we merge it transfer over.
It was also stated that is whether you are union or not.
David Loving said he had a question about inventory. He said we are going to have a
ftreboat here pretty soon. Does that get thrown into the pot?
Doug Dyer said yes.
David Loving said let me just give you some history on this fireboat. The original
essence of having a ftreboat is to protect a small island over here. That is where that
developer gave a us a check for $21,000.00 three years ago so they could have
emergency services to that island. When they got their development order that was a
requirement and what they thought at the time, what they were ordered to do was to
purchase a boat that would basically get from a dock from this land mass over to that
island to provide medical and fire services. So now we've got a boat coming that's
probably going to have off shore capabilities and so forth. Now this developer sent me a
fax today and he read it.
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(continuation of David Loving)
The fax is as follows:
I am advised that at long last a boat appropriate for providing fIre protection and
emergency medical care to the residence of Pleasure Island and other locations along the
Barron River has been purchased. As you will recall we made a substantial contribution
for the provision of a boat with the express understanding that it would be used for the
benefit of the people located along the Barron River. I now understand that the use of the
boat has somewhat subsumed into a greater scheme for duplicating the duties of the
United States Coast Guard. This use ofthe boat on the high seas as opposed to using it
for local safety requirements is totally inconsistent with the request of the City and our
assistance with the fmancing. We would urge you that the boat be used as originally
agreed in February 2001 when we made our contribution.
David Loving said now if the boat disappears we are going to have a problem with these
people.
Leo Davis said what if the Firefighters disappear? Like if they are out on a call.
Kent Orner said what if they are in Indian Key Pass one time.
David Loving said in essence if we don't have a boat, if a place catches on fIre right now
we have everybody sitting here we're going to watch it burned down because we don't
have a way to get over there yet, this has been for three years now. We needed a 200
Horse Power motor, low draft to get from the dock to their dock and they have fire
hydrants over there. There was a plan initiated for that.
Leo Davis said is the boat going to be with in the budget they proposed.
David Loving a boat that would have served that purpose was in the budget that's why
they came up with $21,000. When they got their development order the price was based
on what it would take to protect the island over there. The got a matching grant now its
got two 200's it's an off shore boat, it's got an 18" draft. If it gets thrown into your
inventory and it ends up at Isles of Capri or something like that... The essence of getting
a boat here in the first place was to protect that island to comply with their development
order.
Doug Dyer said to answer your question the boat would stay here or it would be replaced
with a suitable boat that could handled that particular call. I don't see us moving the
boat. Because we have already said we need water way protection from the ten thousand
islands all the way up to the Gordon River Pass.
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Jim Reed said the point is what they really need is about a 24 foot Carolina Skiff with
about 100 horse power because they are just going across the river.
David Loving said no we need 200-horse power because of the equipment.
Jim Reed said now if a boat flips over in the channel and the boat goes there then.. .
you're going to have to draw the line somewhere.
Doug Dyer said we weren't here when that decision was made but I will tell you Florida
law statute chapter 125 says unless otherwise provided for by the law or coordinates the
disillusionment of a special district government shall transfer the title of all property
owned by the preexisting special district government to us or who ever. So, you also get
the debt and everything else that goes with it. So it is a package deal unless there are
other provisions made. Chief Wilson and I have talked. I know there was a time, I am
not sure as to what the disposition is at this point, and there was an unfair labor practice
settlement pending. Maybe that is all done with and gone away with those kind of
fmancial things. Maybe another year or so will help these things to be resolved.
Jim Reed said they will have to send them to school to get Captain's licenses to run the
boat.
Doug Dyer said just like our requirements for promotion for Driver and Lieutenant a lot
of times you are trying to do a couple of things. One is to enhance the professionalism of
different ranks by getting them exposed to different education. The second one from a
management perspective you are trying to reduce your liability. That guy was trained
and hopefully he's not going to run a ground or into another boat or whatever so that's
why a lot of Departments do that. They want to make sure they don't get their own
people killed.
Kent Orner said he had a question for Chief Wilson which was, on the Island over here,
you where talking about having different places where you would have storage areas with
the hoses and everything else. Is there anyone over there a resident that would be trained
to handle that to connect the hoses for the fIre?
Chief Wilson said as of right now?
Kent Orner said yes.
Chief Wilson said no, the developer was supposed to build the common area. He is
supposed to supply a storage area for the Fire Department and they were supposed to
have a full time guy working on the Island that would be able meet them with a cart in
the event of a fire or rescue situation but none of that has been done to date.
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David Loving said and at the same time he gave you a check three years ago for $21,000.
Chief Wilson said he gave us a check February 2, 2002.
David Loving said two years ago my mistake.
Chief Wilson said because he didn't want to pay the $72,000 bill that he was faced with
when he started looking at the real boats that are 26 feet long with 225-horse power,
which was part of the agreement.
Jim Reed asked if there was some sort of pump system over there?
Chief Wilson said the plan myself, Lt. Mitchell and a couple of others came up with there
are two hydrants near the shore line one would be a feeder to the pumper and the other
would be an exit that goes under the river that supplies those hydrants. Those hydrants
would become an extension of the pumper.
David Loving asked if there were any questions or concerns that now was the time to
bring them up.
Jim Reed asked if our guys are down on the County Line you said there would be an
automatic dispatch.
Chief Wilson said that is in place now.
Jim Reed said it might be in place. But most of the time in a situation like that they wait
till you arrive and make a code and then they start rolling a unit.
Doug Dyer said the way it is set up with the dispatch system now, it is an automatic
dispatch.
Jim Reed said our situation would greatly improved if we had a station at Port of the
Islands.
Doug Dyer said as far as Isles of Capri and the Ochopee Fire Districts are concerned the
main thing we wanted to do was get the staffing the ranks. He said Chief Rodriguez is
like a small business owner he lives with his radio and his pager. When he goes home he
wakes up it's there all the time because he can't really get away from it because there is
no body else to give it to. There is no Lieutenant on duty; they don't have the resources
at this point to put the Lieutenant on duty. So a Lieutenant and Driver Engineer for here
Isles of Capri and Ochopee you have a Lieutenant's position but not a Driver Engineer
position here. I am sure the guys can drive the trucks and do a good job but this is one
more step.
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Jim Reed said well it's a 15% raise.
Doug Dyer said that is a fact it is a 15% raise the second piece of that though is Port of
the Islands is number one got to have a station in that location because that's a densely
populated area with some commercial and residential. It is about 14 or 15 minutes from
here to Port of the Islands. For guys who have been in the business after 20 minutes of
being on fire it is pretty much surround and drown if it has been burning that long.
Karen Campbell wanted to see the minutes from the Isles of Capri meeting.
Doug Dyer said he has a copy of them he would be glad to make a copy for them.
Everyone was told by East Naples Fire District that they were more than welcome to
attend their meeting as well. We are scheduled for May 6,20046:30 at Isles of Capri
Civic Center.
Karen Campbell asked what is the input from the people at Isles of Capri so far in
general.
Personnel from East Naples Fire District answered that they are all open minded still they
are doing the same thing you all are doing gathering information. They haven't
determined exactly what route they want to go but that's why we are having all these
meetings right now and we are having a meeting on May the 6th to hopefully to give them
enough information like what they just provided you all here. We're going to give the
same information there to my board to take back and come up with their determination of
what they want to recommend to the Board of Collier County Commissioners.
Doug Dyer said when it is all said and done and we haven't gotten to that far yet, your
Advisory Board and Chief Wilson needs to go before the Collier County Board of
Commissioners, our Commissioners and Chief Shank his Advisory Board they're the
ones that our going to go before the County saying this is what we think. we ought to do.
Hopefully we'll have ironed out all the major issues and see if we can make it work. I
think if anybody does the homework they'll end up exactly where I am sitting right now.
Something I didn't say before was to look at the concern he asked Jim Reed what is your
biggest concern for your Department right now?
Jim Reed said more training for our guys, more money for our guys, more opportunities
for them to get promoted, and my concern as being a Firefighter for 30 years is the closer
the next unit is to coming in here to back up if they have to go out or if they don't have to
go out. If they go to the Rod and Gun Club tomorrow I want to know when the guys go
in the building that there are two guys waiting outside to cover them because that is what
the ISO calls for and I want to know there is another unit on their way. I don't want them
to die because there is nobody coming behind.
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Robert Campbell said an East Naples Unit does come down here in that type of situation.
Jim Reed said yes but if they are at Port ofthe Islands that is 15 minutes closer.
Karen Campbell wanted to know ifIsles of Capri's Advisory Board had come to any
decisions?
Chief Rodriguez from Isles of Capri Fire District replied no, not yet, the plans are from
his last meeting was that he was directed to invite East Naples down to our next meeting
which is May 6th at that time they are going to gather all the information that you all are
receiving now. We are going to have a meeting the following month or maybe even
sooner than that. At that time they're going to put together what their recommendations
are going to be for the Board of Collier County Commissioners. So we are looking by
June or maybe July at the most where my board will come up with a recommendation to
the board of County Commissioners on what they want to do.
Doug Dyer going back to what your biggest concerns where obviously for the welfare
and the benefit of the Firefighters and their families also what about eventually reducing
your ISO rating to something lower than what it is, those are all valuable and worthwhile
goals to shoot for. What do you think the Isles of Capri concerns are right now?
Jim Reed said the same concerns as ours if they care about their Firefighters.
Doug Dyer they do as I can tell they are concerned about their Firefighters, they are at 1.5
mils. Have you seen that 20-story tower on 951? The second tower was 85% sold out in
two weeks; there will be four more, now for a Department that doesn't have a lot of
complaint and are going to be in the money what do you think: their concerns are about
merging? That their money is going to go some where else. That their money is going
to go to East Naples or Ochopee. So now that's why this is set up this way to take
everybody's concerns into consideration because other wise if they feel like their money
is going to be sent some place else they are not going to be real happy about that. If you
read through all of this I am 90% sure you will come up with the same answer but we'll
see.
Bee Frost asked when this all boils down the Fire Chief has to go to the County
Commissioners?
Doug Dyer said and the Advisory Board.
Bee Frost said and the Advisory Board, if they don't present themselves then they are out
of the picture?
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Doug Dyer said if they say they don't want to participate or do it, we started this out with
a very open, non threatening, non hostile, your in your in, your not your not. The
Advisory Boards should be there because they have certain powers and certain
responsibilities. It shouldn't just be the Chief going it should be the Advisory Board's.
Bee Frost asked if the Advisory Board could go with out the Chief.
Chief Rodriguez said the way it works is that the Advisory Boards here answer directly to
the Board of Collier County Commissioners so it will not be myself presenting anything
to the Board of Collier County Commissioners it will be the actual Board. Because my
board is also acting in the capacity of the committee on this merger so they're actually
playing two rolls, which I believe is the same thing with the Ochopee Board here. So it
would be the Ochopee Board here that will address the Board of Collier County
Commissioners. Now I would be there and Chief Wilson would be there in case the
Board would have some operational questions as well as East Naples would be there but
we would all have to present what ever each Department is recommending to the Board.
Joe Credo said that he has had the privilege and he said that strongly to train with the
Ochopee Fire Department it's a does become hit or miss because oflogistics. But we
have worked it out we are rotating engines and the guys are coming up training in our
EMS program.
Jim Reed asked is there the ability of training for them to become EMTs across the board
for your whole Department.
Chief Wilson said EMT certification is required for all are personnel.
Joe Credo said these guys are all EMTs they don't just train to the EMT level. What we
do is train them into the Paramedic Level.
Joe Credo said that when he listens to his radio when these guys have gone to the Alley
the things they're doing out there is Paramedic Level.
Jim Reed said they're all alone.
Joe Credo said that they work hard they train hard and he would be proud to have them.
We hope we can get them rotated out more often for them to train with us. We are trying
to work them in the best we can.
Doug Dyer said we train regular. He asked if they had any questions.
Jack Pennell said he sounded pretty good to him what he's talking about.
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Doug Dyer said we are not going to try and pull anything over your eyes not going to try
and sugar sweeten it or anything like that just the way I see it.
Jack Pennell said it's the best way to go taking it down one step at a time instead of all at
once.
Doug Dyer said it wouldn't be fair to everybody else if we didn't tell you what's what.
Some one from the audience asked the board what are their concerns.
Kent Orner said they are still compiling information and everything and haven't made a
recommendation yet on which way to go. Doug there is filling in a lot of the blank spots
when it all comes to a head then we'll have all the ducks in a row then we can make an
intelligent decision.
David Loving asked what do you see as a downfall? We talked about this bidding
process this is going to take a certain number of years. They're going to be in the realm
of every other Firefighter, they'll be in the same boat, these guys will have close to ten
years in by then.
Someone from the audience said the bidding process you're going to find that every
where they've dealt with the union before. The union agreement between the County and
the Fire Department is a joke. So you're going in they know how to deal with the union
they have a bidding process in place they have seniority in place. There are going to be
some disadvantages because there are more people involved, but you get more pay,
you're going to get more help if somebody calls.
David Loving said my experience with East Naples Fire Department is in call
Doug Dyer and he's training his guys his secretary knows where he is, his secretary
knows when he is going to be available, his secretary contacts him, his secretary calls me
back and gives me a message that Doug will be calling you at such and such a time and
Doug calls me back. These guys seem to be organized I like what they're doing.
A lady from the audience said yes they seem to know what they're doing the County
seems to be using the Fire Department down here to make money I don't know what they
are using it for they don't take it seriously.
David Loving said I think: our County is in the Fire business and a. ..
Jim Reed said and they don't want to be.
David Loving said I don't know if they want to be it is not the same, it doesn't seem to be
as organized as this Department. This Department has a Public Relations Chief,
Greg Pearce he is out there doing public relations work right now.
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Doug Dyer said we're a growing Department too we just put Greg on last October. I was
doing and I just couldn't be everywhere. I am supposed to be the Safety Officer.
We looked at six courses of action the first one was to merge all together, the second one
is what we have been talking about mostly, the third one was to just merge Isles of Capri
and East Naples and have Ochopee remain as a dependant District, that didn't work good
for you guys. The fourth one was to establish a contract with the County where we
would administer both Isles and Ochopee that didn't work worth a darn it has some
pluses and minuses to it all but the fIrst one will work. The fIfth one was to maintain the
status quo disadvantages are no opportunities for personnel development or advancement
beyond which the individual District can provide. So whatever Ochopee or Isles of Capri
can do for itself that's what you get.
Jack Pennell said 1.5 mils is nice.
David Loving asked let's say you faze us in like this is there any way you can get out of
that. Let's say three years down the road you decide that you want to go in front of the
County and say we want to give you their hat back and we want to just take Isles of Capri
is that a possibility.
Doug Dyer said nothing is impossible but I'll be coming to work for you. I would say
my word is my bond if I push this and promote this and that happens I will be looking for
another job.
David Loving said obviously Dan Summers is not going to be our supervisory any longer
how would you implement you administration to coordinate with our administration.
Doug Dyer said it would be a matter of Chief Wilson he would be a part of our staff
Even though he is the Chiefhe is the equivalent to the Operations Chief for this area here.
Over time policies and procedures as things get worked out, that's really another reason
why we need a year to sort all that stuff out to make that transition work. But he would
come to our staff meetings but most of the times he would come here over seeing the
day-to-day operations of the Department making sure that things are getting done that
need to be done. That is during the interim; during the merge we would have a Battalion
Chief and putting on two kind oflike EMS has a North and South end instead it would be
east and west have two. So you would have more supervisory capacity on scene to be the
Incident Commander. Anybody who has been an Incident Commander knows if you're
on a nozzle or behind a guy on the nozzle you're trying to talk to control and do all that
other stuffit doesn't work very well. You need somebody outside to look at the building
and tell you when it's time to get out and so forth. But to answer you question he would
come back and be part of the staff during the merge.
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You asked a question about Dan Summers? Dan, the Director of Emergency
Management, Chief Wilson and Chief Rodriguez's immediate supervisor, he has been
pressing for maintaining a link between Emergency Management and the Fire Services
and it should be. We work hurricanes and other disasters we should have a good working
relationship with them. He has suggested even that we have a full time equivalent
position or some kind of person we would give up he has even suggested Chief Wilson
the only problem we would have with that is he wants us to pay the salary the whole
time.
The final course of action that I am going to talk about is Isles of Capri and Ochopee
seeking to become independent Districts. That's a possible solution everybody goes
about their business and they become independent Districts and break away from the
County. It is fmancially feasible to a degree, the biggest hold up for Ochopee becoming
an independent District fmancially is the pilt money $197,000 worth of money they got
last year other than that it is financially feasible. But you are not going to see your
millage rate go down any time soon I wouldn't think and the partnership between
emergency management is going to be District dependant, if Chief Wilson or Chief
Rodriguez want to maintain that relationship then they can maintain it other wise it is up
to them, the same with us. Again it goes back to whatever that Department can provide is
what it's going to be. Whether it is professional development, advancement, payor
whatever, expanded marine service all of those things we talked about would be up to the
Department and that brings us back to the very beginning what problem were trying to
solve. I never did tell you the problem did I? The problem we're trying to solve is to
determine the most effective and efficient use of our combined resources of the three
Districts. The dollars, the people the equipment to enhance our current operations
expand in to new fire/rescue services so that we prepared for today and for the forecast
growth and needs of our community that is what we are trying to do. You've all heard
this 1+1 + 1 = 3 right well we're trying to make it so that 1 + 1 + 1 = 4 or 5. That's what
we're trying to accomplish because we can all make it equal three that's easy. We could
be doing that now what we want to do is make it equal four or five where we are getting
more bang for the buck for all three Districts and that's why we ended up kind of setting
it up that way. So that you can sequence it, not hurting any body just little bit of a longer
wait for Ochopee folks but we get there.
John Pennell said it would be worth the wait.
A question from the audience was asked what happens if you're in the interim period and
you decide you don't what to go through this? What happens if the reverse is in effect ok
we're in the interim period and all of the things we have discussed change before the
merger and all of a sudden Ochopee doesn't want to do it?
Doug Dyer said I think that what would happen when we get to that point, because this is
just kind of what we want to do talk and everything. After the decision is made we're
going to come back and say how we're going to do it.
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A person from the audience said she had seen other mergers and it all seems great at frrst
then you get down to it.
Doug Dyer said in the how we're going to do it phase I imagine we'll need to put in some
escape clauses for issues on our side and your side.
A representative of East Naples said one thing that might look a little odd too is out here
it's a tight knit community there is a good hometown feeling. We like to think at East
Naples we have the same thing and it might night appear when we come down here that's
what we have. But I think the Firefighters down here can vouch for that when they come
up to our Department that that's how we are and we like to say that our Department has a
lot of heart. We welcome any body who wants to come up and ride with us or sit down
or talk to us. We've seen that too we've been the victims of raw deals in the past we
understand where you're coming from with mergers and contracts we've lived that too.
It is a tight knit community I know that you got to stand behind your Firefighters and
your Fire Department, that's admirable. But you're more than welcome to come up there
and your Firefighters come up there for training and they are treated like one of ours. We
work side by side on scene, we train, and we feel we have a Hometown Department.
Jim Reed said we are more concerned about the bureaucrat end of it than the Firefighter
end of it.
The East Naples Representative said we are too.
Doug Dyer said I will tell you the same thing that I have told Chief Rodriguez and Chief
McLaughlin if at any time ifI think that you're about to get a raw deal because of
somebody else that is beyond my control or his control. I'll tell you when it's time to
pull out. Time to go, you're going to get messed up, ifI see it and I know it.
David Loving asked so our Advisory Board will stay in tact during this interim? If and
when we fmally merge will this area have representation on your Fire Board?
John Pennell said he read where somebody had to be elected.
David Loving said yes it is an elected position.
Doug Dyer said if and when it comes to one Independent District when all three
Departments are together as one. There is a requirement that ...
John Pennell said he read that Ochopee would have one elected and different areas would
have a person elected.
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Chief Wilson said that was the minutes those were questions that the Chief and I had
posed to him he had to go back and find out basically hasn't answered.
Doug Dyer said the bottom line is and I got to find it before I read it to you. It goes based
on a percentage of urban area for an Independent Special taxing District. If you have a
certain percentage of your population lives in an urban area then you have one seat. Let's
say it's 25% then one of the five-member board is elected from that area and then the
others are sometimes used on a one vote per acre.
Jim Reed said well we could win that one.
Doug Dyer said let me see if I can find this. There are provisions in the law that allow
for you getting representation on the Board let's put it that way. I can't spell it out from
the top of my head.
David Loving said but you can't say yes to the question, that we will have representation.
Doug Dyer said yes.
David Loving said ok.
Chief Wilson said and you are talking like an assigned seat from this area on that Board?
Doug Dyer said it would be based on how the percentage is broken out so it would be
most likely from all of the Ochopee area I got to figure out what the percentages were, I
can't remember the percentages and I'm not going to give you that answer until I know.
David Loving said ok.
Jim Reed said you were talking about some of our guys in this area one of them talking
about going to school and if some one shows a real interest in becoming a Firefighter
let's say our high school here that there's availability for them to go to classes and you
guys have training type situations.
Leo Davis said our union sponsor's for college they interview in the District graduates
from high school.
An East Naples representative said they only have one high school in our District and
that's Lely High School. So this would be in our District so they would be eligible for
the scholarships.
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Another representative from East Naples said they have sent people to the Fire academy
and to EMT School.
Jim Reed said we are still doing the same thing.
Leo Davis said we are now sponsoring a kid from the Ochopee area, Gary Thompson
from this area he is going to fire school.
Doug Dyer said I will answer the question this way our Chief said didn't think our board
would have any problem having seats, but it would have to be, like everything that
governs our District goes to the State Legislature where as the Dependant District's go
through Collier County Board of Commissioners. We just have to figure it out.
David Loving said this isn't happening tomorrow either that is something we can find
out.
Doug Dyer said what I am reading here is for a brand new District all right; presumably
this will be a brand new District when it is all said and done. If an urban area constitutes
25% or less of the District one governing board member shall be elected by the qualified
electors, that's you guys, and four governing board members shall be elected in
accordance with a one acre one vote principle. If the ordinary constitutes one 26% to
50% of the District two governing board members shall be elected by the qualifying
electors and three governing board members shall be elected in accordance with the one
acre one vote principle. Ifit's 51% to 700.!o of the District per urban area three governing
board members shall be elected by the qualifying electors and two governing board
members shall be elected in accordance with the one acre one vote principle. Ifit's 71%
to 90 % four governing board members shall be elected by qualified voters. If the
ordinary constitutes 91 % or more all-governing board members shall be voted by
qualifying electors. The answer is yes you are going to have representation one-way or
the other.
David Loving asked if anyone else had a question.
Jim Reed said some one earlier had said something about there being a plan to eventually
close this station and I said no that's ridiculous.
David Loving said that was brought up the last time we got together.
Jim Reed said he thought he would get more information.
Chief Wilson said no this station stays open.
David Loving said how could you close this station.
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Jim Reed said there's no way you could close this station. It was said and I wanted to
make sure to stop the rumor situation that there is no plan to close this station period at
any time. It would be nice if we could get the Federal Government to put up a little more
money for covering their situation.
Leo Davis said the only way they would close this station is if they were going to build
another one here.
Doug Dyer said two population centers Everglades City and Port of the Islands,
Everglades City has Plantation and Chokoloskee Island as well that's it.
Karen Campbell said she had heard the same thing at one of the other meetings it was
about dissolving Ochopee Fire Control it wasn't about closing the station.
Doug Dyer said part of that is true the phrase dissolution or dissolving I used that phrase
about three or four weeks ago when I was wrestling with how to provide your Ochopee
Firefighter heahh care benefits that are equal to what you get now with out costing more
money. The challenge was, just like Collier County Government can't put any money
into Ochopee that's not due it, they're not supposed to. They can't take money out of
general fund unless it's due you like general fund you're supposed to be self-sufficient.
The same thing is true for East Naples we couldn't take East Naples dollars and put them
into Ochopee and raise your heahh care benefits or salaries and that was a concern for
me. So what I had talked about doing in one ofthe meetings was maybe we could skin
this cat a different way, by annexing the Firefighters and making them employees of East
Naples so they would get the pay, benefits and all the other stuffbut the Ochopee District
land wise would still be here. Ifwe contracted with the County and came back in it
would still be the same guys but I figured that's how we could get around it. I since
learned that's not such a big deal as far as providing services out of the thing. We do it
all the time when we go into District I when we go out to the brush fires. We put money
out in the south blocks; fortunately we haven't done it in a while. So I did use that phrase
but I have since stepped away from it, in fact I told Chief Wilson I don't use that phrase
any more I have stricken it from my vocabulary it just doesn't sound good. However in
the law, here again, when it comes time to merge the word dissolve is the word to use,
dissolve the District and merge, combine whatever, but that's how I used it then.
From the audience Raymond Schneider asked about station 60, will it remain out there if
we dissolve?
Doug Dyer said station 60 was donated I have the deed to that property, actually a copy
of the deed.
Raymond Schneider said it has to be used as a fire station it has to be used that way.
Doug Dyer said I'm told that it is manned at night.
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From the audience Raymond Schneider said sometimes, it seems like we have to down
size to cut back.
Doug Dyer said your money's going up the revenue is going up so in four or five years
we'll start dropping down, how is that going to happen. Well at the same time East
Naples and Isles of Capri are going up so at a certain point theirs is going to help you
guys start lowering you millage once we get everything where it needs to be. We can
start dropping it and get every body leveled out to 1.5 mils.
Some one from the audience said then that station will still be open.
Chief Wilson said it's a pull back station for a major storm.
Doug Dyer said I'm not sure yet what we are going to do with that station. Maybe these
guys can tell me better how many calls we run out to the east of that if there's a lot of
them sufficient to keep it there or should we go in and talk to the heirs or signs to see if
they want to try and use it for something themselves or whatever. As of right now it's
supposed to go back to the heirs or the signs.
Jim Reed said it could be used as a storm shelter or storage.
David Loving said we've had training out there, extrication exercises and things like that
as well. They've burned up some cars out there as well; you were talking about having a
situation in East Naples off95l and that was thinking out in the future and now there are
houses and development as well. So maybe that might be the answer to what you guys
had in mind years ago as a place you can use as a training facility, where you can burn
cars.
Doug Dyer said it is kind of odd shaped like an airstrip. Like he brought up the training
facility the president of the campus here in Collier County has permission from his boss
in Ft. Myers to pursue this training facility. So as soon as we get through with this
merger project we can jump on that one.
Jim Reed said I hope you have better luck than they had in Dade County.
Doug Dyer said in Opa-locka?
Jim Reed said their training facility got tangled up with Miami Dade Community
College.
Doug Dyer that didn't work too good?
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Jim Reed said Fire Department guys are Fire Department guys you know what I'm
saying. I think everybody in this room is interested in our guys and what's happening.
I guess that is being real selfish and one-sided if! were somebody living at Port ofthe
Islands and my money was coming to this area. We really couldn't stand to loose them
even if we didn't go to East Naples. We couldn't stand to loose them.
David Loving said at the same time we can't afford to put a station out there, not a full-
blown station that's a million dollars to do something like that.
Jim Reed what we're talking about here is that 4 mils wouldn't do it if for some reason
we were to loose them.
David Loving said the Chief could go to referendum and go up to 10 mils if we needed
to.
Chief Wilson said according to the Property Appraiser's Office Port of the Islands is
approximately 38% ofthe revenue we get.
Jim Reed said they are talking about developing both sides.
Chief Wilson said Everglades City is about 28%.
David Loving said another thing the Commissioners look at is the number of votes out
there. There are a number of330 some registered voters out there. So that is enough to
cause a swell where as we have 250 here in Everglades City. Anybody else have any
concerns. I guess we could get you back here again, I guess we could pull that together.
I would encourage our guys to talk to us if you have any concerns or anything like that so
we can address it. You know how to get in touch with these guys. Chief Dyer, Chief
Shank, Chief Rodriguez anybody you want and confer with them. They will be giving a
report tomorrow at the City Council Meeting if you would like to attend that. Basically
briefing the City on what they have in mind. I would imagine it would cover every issue
we did tonight, better not take two hours.
Kent Orner made a motion to adjourn for a ten-minute break.
David Loving said if there isn't anything more for East Naples they have a long drive.
David Loving said the meeting was back to order next thing on the agenda is the budget.
Chief this is a preliminary budget right?
Chief Wilson said yes it has draft stamped all over it.
David Loving said yes, you got to have this before the commission by Friday.
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Chief Wilson said it has to be in their hands yes.
David Loving said this is a lot to assimilate injust a short amount of time.
This is the first time we've really seen it.
Chief Wilson said we were supposed to do this the last meeting but we had the East
Naples Meeting.
David Loving asked did you have the budget together at the last meeting?
Chief Wilson said yes the only thing we were waiting on was the Personal Service Costs.
David Loving said the Personal Service Costs, what's that lawyer fees?
Chief Wilson said Lawyer fees, increases in salaries.
David Loving said oh, adjustments in salaries and so forth. Is there any way we could
defer this and just tell the commissioners it was presented in a timely....
Chief Wilson said it is only a draft so we could still go through it. There is still an
adjustment needed and we are still waiting on the figures from personnel to actually
fmalize it. This won't take long at all.
David Loving said he has to have it by Friday other wise he's got to go in front ofthe
County Commissioners and say we didn't approve this draft. It's not a fmal budget this
is just a preliminary budget we can adjust it we can look it over. Since this is the main
responsibility of the Board is to try to adopt a budget and work with you on the budget.
So if we can work together and get it to us a little bit a head of time in case some body
really has a question about it or something like that. So this is the draft and the next one
will come out when? October or September is when we have to have a final budget in
tact right or is it October?
Chief Wilson said in May something is the absolute drop-dead date that the County
Manager proceeds with it then from that point forward no changes.
David Loving said our next meeting we need to have a finalized budget. So don't you
think: maybe we need to get together may be twice between now and then.
Chief Wilson it's up to you guys, I give you this you look over it, we get back together
the next meeting we'll finalize it, we'll turn it in.
David Loving said in the next meeting?
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Chief Wilson said should be able to this is pretty much straightforward. He said we are
basically we are going from 1.371 to 1.462 million dollars. We have requested a pilt
fund increase from 179,900 to $350,000 this up coming year.
David Loving asked how long is that going to hold out for us are we just going to
continue on the way we are going?
Chief Wilson said we've had the ability to pull $350,000 every year we've actually been
lower than that the last two or three years.
David Loving said whose idea was that?
Chief Wilson said we haven't had the need for it.
David Loving said ok, but what constituted the need for it this year?
Chief Wilson said because we had Personnel Services that jumped from $977,900 to
1,000,080, which is a $40,000 increase. We had Workers Comp go up from $11,900
toI5,100. Had life insurance go up from $2500 to $3000. We had the Health Insurance
go up from $131,300 to $142,900. The Retirement went up $115,100 to $139,100,
the Secondary Retirement $2600 to $2800. The Social Security jumped from $49,200 to
55,800. Overtime is I believe is going to come in short under $100,000.00 but budget
office wanted to patch in that figure because we have been right on target running at
$95,600, Salaries went from $569,700 to $606,200. So that constituted a difference
between $977,900 to $1,000,080. That is pending some fmal figures from the
Human Resources Department.
David Loving asked what do you think you have in lawyer's fees so far?
Chief Wilson said I have no clue.
David Loving said not even a guess?
Chief Wilson said no I don't. Indirect Costs is where our attorney's fees will be picked
up. We actually had a decrease from $60,900 to $58,800. We had an increase in Fleet
Maintenance from $28,300 to $35,100. We have a decrease in Fleet Parts from $19,200
to $15,000 and we had the Non-Maintenance stay the same at $3,000.
David Loving asked what is Non-Maintenance, fuel?
Chief Wilson said it's additional parts and stuff like that. Like when they send it out to
be worked on.
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David Loving said that's subcontracting parts? Machine Tools Repair & Maintenance
stay the same, Communications Equipment stays the same, and Office Equipment stays
the same. The new line item 64618 is the Boat Repair and Maintenance Line that is a
conservative figure for annual maintenance, Other Equipment and Repairs stays the
same, Licenses and Permits is a new addition this year because it is time to renew the
EMT Licenses. Office Supplies is probably going to fall a little short this year so they are
going to bump to $2600 that is a $300 increase for the year. The Uniforms stayed at
$8,000. Fuel and Lube, this was a big jump from $15,400 projected to finish the year
to $18,000 and that was because of the cost of fuel $1.85 a gallon range for diesel and
$1.61 a gallon rage for gas at the County's cost. He referred to the Form I and that it is a
request for expenditure of monies to go into a lease purchase plan for a new truck to
replace the 1981 truck that is out dated and has a busted tank. That would be an eight to
ten year lease of about $30,000 a year.
David Loving said where do you see that what am I missing?
Chief Wilson explained the form to Mr. Loving then went on to say that we have to
justify that we have enough money in our budget to do this thing. You will see that under
The Lease Purchase line item 644650 that 83,600 will jump to 53,600 that will reduce by
$25,000 but there will still be $30,000 in there to do the truck with. It is actually on
going to go up $5,000 because $25,000 of that is going to roll off.
David Loving said what is this for, what do you want to buy?
Chief Wilson said this is for a truck replacement.
David Loving said which one are we replacing?
Chief Wilson said the 81 it has a busted tank and the maintenance costs for the last three
years has exceeded its value. This is the process to get rid of it.
David Loving asked how are you fixing it, is just sitting there with a broken tank and is
unusable?
Chief Wilson said the tank is split about halfway up.
David Loving said and you can get $25,000 for it?
Chief Wilson said you can get $5000 to $6000 for it.
David Loving said then how are you going to roll off$25,000 then?
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Chief Wilson said $25,000 is rolling off this line because we were set to maybe try and
purchase this year but that is not going to happen.
David Loving said oh I see so you carry that over.
Chief Wilson said right.
David Loving said ok.
Chief Wilson said so that $25,000 falls under carry over. The bottom line here is down at
the net you'll see that we're $41,100 short, that $25,000 that's coming offremoves that
and then in our Reserves for Contingency it jumps from $57,900 to $70,000 and that will
drop back to about $57,000 or so and pick up the difference of the $41,100 and we will
balance.
David Loving said were do you see where we have to make some adjustments in the next
month any new numbers coming in or anything like that?
Chief Wilson said they'll be a new number coming in on Personal Services which is what
we're waiting on that's the big number to wait on then after that Attorney's Salaries
Etc...
David Loving said you think you'll have that resolved by May.
Chief Wilson said I hope.
David Loving said does it look like you're pretty close I that.
Chief Wilson said yes I think they are. That's pretty much it by the time we get the next
meeting together that $41,100 will be eliminated and we will zero balance and we should
have our Personal Services figure and we should be able to fmalize.
A motion was made to accept the budget as a draft by John Pennell; it was seconded and
was passed.
David Loving said he did get this fax thing about the boat there concern was if we get this
new boat and it starts getting used a lot off shore and things like that. I don't know what
your.. .
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Chief Wilson said when we were made aware that the boat was coming or the boat was in
the development order that had been done and executed in 99. We were made aware of it
going to happen or that we were involved around October of2001 and between October
and the first week of December so we went out and priced several manufactured boats
that would meet fire rescue type standards and those were running between $72,000 to
$168,000 and that's when Mr. Mann came back and said no how bout we make a cash
donation and we said well yes we could do that and we'll but it with impact fees but
understand that boat will be a marine service boat for the entire District and that was
made very clear to him.
David Loving said ok.
Chief Wilson said he also gave him the numbers, at 12 to 15 times a year is the most that
we're seeing right now that we'll ever see even out of the area.
Kent Orner asked how many calls?
Chief Wilson said well they had the tour boat go down last year at Indian Key Pass that
would have been an incident.
Kent Orner said but nothing off shore.
Chief Wilson said there has been only two or three calls that were even close to off shore
and they were like heart attacks on Chokoloskee and the people were driving in their boat
to dry dock.
David Loving said I've heard of other things before as well.
Chief Wilson said that's all that boat is there for and East Naples assured me it's not
going to go anywhere.
David Loving said there is also the National Park Service is a lot of these people in
canoes like this Wilderness Waterway and their trained for that kind of operation to so
you won't be going out chasing down every little incident that goes on.
Chief Wilson said they pretty much handle their own stuff When the two airplanes went
in the water that would've been a time to use the boat.
David Loving said so primarily we will be equipped to take care of Outward Bound and
Pleasure Island and like you say an airplane that goes down.
Chief Wilson said anything in the Barron River we'll be able to take care of from here to
Indian Pass will be easily taken care of.
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David Loving said you could respond with in your I5-minute window to anything
between here and Indian Key Pass.
Chief Wilson said the thing that drew us to this boat was actually Mr. Mann introduced
me to the guy that had the company and I went with him we went out, we looked at the
boat after they did the presentation and showed us an unsinkable boat in the invent of an
accident then they wanting to get into the Fire Industry and the standards as well. They
came back with a price that was $33,000 less.
David Loving said he would pass that along he doesn't have anything to worry about.
Chief Wilson said I don't think he has anything to worry about East Naples knows this
boat is for this area and that's been said over and over in the merger minutes they've
always said it would stay.
David Loving said what I didn't want is we have this nice boat and then they scarf it up
and use it at Isles of Capri or something like that.
Chief Wilson said they have waterways that start at the end of our District, which is
roughly Collier Seminole and runs all the way to Marco Island. That's all their
waterway.
David Loving said yes I saw their rescue boat they have something that is equivalent to a
dingy.
Chief Wilson said East Naples has never provided any water rescue service that little
dingy thing you're talking about is a 26-foot parker with no fire capabilities strictly
rescue. Rod's has fire capability and ours has fire capability plus EMS training. We
paid far less for ours than everybody else did.
David Loving said what are we with that $40....
Chief Wilson said $43,000 for the boat, the pump is $12,000, parts are $6,000 or $7,000
whatever is left they'll be cutting a check for the City of Everglades towards pilings or
what ever they need to do to let us moor the boat.
David Loving said now this development what are they obligated to do?
Chief Wilson said they are obligated to build their pool and common area so the cart can
be stored under lock and key in that structure.
David Loving said so they need to get the cart structure and are they required to buy any
fire equipment, hoses are supposed to be over there and everything until you just shoot
over there and everything is in that building.
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;....
.~,
Chief Wilson said we've already got all that covered we're just waiting on them.
David Loving said that's all there?
Chief Wilson said we are waiting on them to put their structure.
David Loving said a structure and a cart.
Chief Wilson said no we do the cart they just have to do the structure. The cart was part
of the $21,000.
David Loving said you gave them a CO with out the structure?
Chief Wilson said yes, contingent they do the full hydrants section four and seven six.
That is the only contingent ofthe CO.
David Loving said what are the chances of them stringing us out on the structure.
Chief Wilson said then I guess the cart sits on this side. Mr. Mann has not been quite up
to speed about everything.
David Loving said well I understand that development has been under a lot of pressure as
well; undo pressure in some peoples eyes.
Chief Wilson said I understand.
David Loving so I don't think it went as nicely as they thought it was going to go.
Chief Wilson said his initial plan had that big common area in the center with a pool and
the up stairs was that and we were going to get the bottom stairs and it could be locked.
If that is going to be a financial burden on them then they could look at doing something
smaller closer to the boat dock that we could store something in.
David Loving said it's just like trying to get out of a five-year bubble you just don't know
what's going to happen there. So we need to work with what we have to work with, so
basically you need a cart over there it has to be there when you get there it has to be
runnmg.
Chief Wilson said it has to be under lock and key with electric because the cart will be
able to charge all the time they have an automatic charger you plug it in an leave it.
David Loving said it will turn it's self back on again if it needs it.
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John Pennell said a Ted Shed.
Chief Wilson said something that is secure.
David Loving said just a structure with a cart in it that's under lock and key and you guys
are satisfied.
Chief Wilson said yes.
David Loving Ted Shed whatever.
Chief Wilson said yes as long as it's weather proof and has electric for nighttime you
might have to flick on a light.
David Loving said I'm sure they'd want something nicer than a Ted Shed.
Chief Wilson said that is a reasonable way out and then they can turn it into a tool shed if
they build the center and we want to move the cart there or we can leave the cart right
there closer to the docks.
David Loving said we're looking at about $5000 for a nice hand made one that would
match their decor and then like you said they could turn it into something else eventually.
They need to bring their trash over this way if it was full blown going they have
compactors in there they're going to have to put it some where so if they could put
something in that would incorporate into their plans later on.
Chief Wilson said they could leave the trash compactor underneath the building.
David Loving said he would relay that message.
The meeting ended when a motion was made and seconded to adjourn.
7-f~./ cp ~.-.../
Chairman
Ochopee Fire Control District Advisory Board
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1611 .~
AGENDA
Parks and Recreation Advisory Board
January 18, 2006
2:00 pm
Golden Gate Community Center
./
II.
Pledae of Alleaiance and Invocation
~=i=s =12::L
Henning_ 0.
Coyle _~_
Coletta ._~_.
I.
Call to Order
III. Approval of December 21.2005 Meeting Minutes
IV. New Business
A. Attitude Awards - Mary Ellen Donner
B. Barefoot Beach Management Plan - Murda Smith
C. Recommendation and Approval of the Impact Fee Study - Amanda Townsend
O. Annual Update Inventory Report - Marla Ramsey
E. Caxambas Boat Ramp - Murdo Smith
V. Informational Items
A. BCC Recaps
B. Meeting Schedule
C. Address List
D. Monthly Report
E. Recreation Activities
F. Attendance Report
G. Adopt A Park Assignments
H. Capital Projects
VI. Adopt A Park
Report on Caxambas, South Marco Access, Tigertail Beach - Joe Overbeck
::~7:td.9;tDIo (
Item #:10 I.. ~ l (
Copies to:
1611
PARKS AND RECREATION ADVISORY BOARD MEETING
Golden Gate Community Center - 2:00 pm
December 21, 2005
Board Members
Present:
John Ribes, Chairman
Ski Olesky, Vice-Chairman
Skip Riffle
John MacDougall
Frank Donahue
Timothy Toole
Joe Overbeck
Staff: Marla Ramsey, Public Services Administrator
Mary Ellen Donner, Assistant Director
Murdo Smith, Beach and Water Regional Manager
Kerry Runyon, North Collier Regional Manager
Amanda Townsend, Operations Analyst
Tona Nelson, Sf. Administrative Assistant
I. Call to Order at 2:10 pm
II. Pledge of Allegiance/Invocation
III. Minutes of December 21, 2005 meeting approved. Motion made and
passed unanimously. (5-0)
IV. New Business
A. Attitude Award - Mary Ellen Donner and John Ribes
Vickie Wilson received the award. Vickie works at Vineyards Community
Park. The County Manager, Jim Mudd received a letter from the President of
the Naples Youth Soccer Club commending Vickie on her work with the Club.
B. Barefoot Beach Management Plan - Amanda Townsend
Amanda gave a presentation on the draft management plan. She provided
maps of the Preserve and discussed the proposed management strategy and
future proposed activities. A boardwalk through the mangrove area to the
backbay is proposed. Also, the development of a loop trail to the upland
vacated roadway is proposed as well as an interactive educational kiosk, and
small chickee style pavilions. The Board and staff discussed the carrying
capacity of the park.
Motion: Recommend and approve the Barefoot Beach Management
Plan. Motion passed unanimously. (7-0)
1
1611
C. Recommendation and Approval of the Impact Fee Study - Amanda
Townsend
Parks staff and the Productivity Committee have reviewed the study.
Amanda discussed changes to the study. There was discussion with the
Board and staff about current/proposed park fees for low income families.
There will be substantial impact to these families.
Motion: To recommend and approve the Impact Fee Study. Motion
passed 5-2.
D. Annual Update Inventory Report - Marla Ramsey
Marla Ramsey gave the update to the Board on the inventory of Parks and
Recreation facilities, current and proposed. The growth in the County was
discussed as well as future parks and recreation facilities.
Motion: To recommend and approve the Annual Update Inventory
Report. Motion passed 7-0
E. Caxambas Boat Ramp Hours of Operation - Murdo Smith
Murdo provided an Action Summary Sheet to the Board to change the hours
of operation from 7:00 am - 6:00 pm to 7:00 am - Sunset. This item was well
represented by the public and John Ribes opened discussion to the public.
There was much debate on this issue between the Board, Staff and
concerned neighbors of the boat ramp.
Motion: To approve the operational hours of the boat ramp to 7:00 am
to Sunset. Motion passed 5-1-1. (5 for, 1 against, 1 abstained)
V. Information Items
A. Mary Ellen Donner introduced Kerry Runyon, the new Regional Manager
at North Collier Regional Park.
B. John MacDougall voiced his concerns about the Caribbean Gardens land
use. Marta Ramsey and John Ribes gave some input on this issue.
VI. Adopt A Park - Joe Overbeck
Joe provided a written report on Caxambas, South Marco Access and
Tigertail Beach
***Meeting adjourned at 4:45 p.m. The next meeting is at Immokalee
Community Park on February 15, 2006 ***
2
PELICAN BAY SERVICES DIVISION
Municipal Services Taxing and Benefit Unit
1611
RECEIVED
JAN 2 7 2006
Board of County Commissioners
NOTICE OF PUBLIC MEETING WEDNESDA Y, FEBRUARY 1,2006
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 WEDNESDAY, FEBRUARY 1,
2006 at 3 :OOpm.
1. Roll Call
2. Approval of Minutes of the January 4,2006 Board Meeting
3. Audience Participation
4. Chairman's Report
Governance I
Ordinance Approval by Board of County Commissioners .
PBSD and Foundation Interaction Fiala .____. '_
PBSD Election/Appointment Status Halas =v
5. Committee Reports Henning__ ~_'_
Clam Bay Committee Coyle __ ~,,_,_,__
Clam Bay Annual Monitoring Report Coletta _. .. _
Clam Pass Inlet
Beach Renourishment
Budget Committee
Fiscal Year 2006 1 st Quarter Review
Fiscal Year 2007 Capital Programs
Fair Share Program - Status Update
Alternatives to Rebuilding Reserve Balances
John Iaizzo Restructuring Plan
6. Red Flag/Green Flag
7. Capital Projects
Irrigation and Landscape Improvements
System III & IV Retention Area Improvements - Test Area
Oakmont Lake Bank
Community Issues
U.S. 41 Street Lighting
Sidewalk Overlays
Lease Renewal- Pelican Bay Services Division Office
Hurricane Wilma Storm Damage
Hurricane Charley Storm Damage
8. Committee Requests
9 Audience Comments
10. Adjourn
ADDITIONALL Y, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE PELICAN B~Xc ~~~YICES
Date: D~/:;)..~I b0
Item#: l~I~'~
Copies to:
1611
0::;
DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND
THAT FOR SUCH PURPOSE, HE MA Y 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. 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
1611
PELICAN BAY SERVICES DIVISION BOARD MEETING
January 4, 2006
Naples, Florida
LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular
Session on this date, January 4, 2006 at 3:00 P.M. at The Commons, 6251 Pelican Bay
Boulevard, Naples, Florida 34108 with the following members present:
Mr. James Carroll, Chairman
Mr. Christopher Sutphin, Vice Chairman
Mr. M. James Burke, Vice Chairman (Absent)
Mr. John Boland
Mr. John Domenie
Mr. John laizzo
Mr. Matthew Mathias
Mr. David Nordhoff
Mr. David Roellig
Mr. Donald Spanier
Mr. Edward Staros
ALSO PRESENT: Thirteen (13) Pelican Bay residents; Deputy Carmine Marceno and Deputy
Dean Walton, Collier County Sheriff's Department; Mr. John Petty, Division Administrator, Pelican
Bay Services Division; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services
Division; and Mrs. Barbara Smith, Recording Secretary
AGENDA
1. Roll Call
2. Approval of Minutes of the December 8, 2005 Board Meeting
3. Audience Participation
4. Budget Sub-committee
Mission and Objectives Dissemination
Oakmont Lake Project
"Fair Share" Discussions
Fiscal Year 2007 Step II Planning
5. Chairman's Report
Commercial Board Membership
Pelican Bay Boulevard Seal Coat
Governance Letter
PBSD Board Candidates
6. Sub-committee Reports
Clam Bay Sub-committee
Clam Bay Monitoring & Improvement Schedules
Clam Pass Inlet
Beach Renourishment
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
Hurricane Charley Storm Damage
8. Committee Requests
9. Audience Comments
10. Adjourn
6298
Pelican Bay Services Division Board
January 4, 2006
1611
ROLL CALL
Mr. Carroll asked that the record reflect that all members are present with the exception
of Mr. James Burke with an excused absence.
APPROVAL OF THE MINUTES OF THE DECEMBER 8. 2005 REGULAR MEETING
Page 6293 - Third Paragraph - Fourth line should read - 'This spring at Wiggins Pass they
dredged $700,000 worth of sand...
Mr. Sutphin moved, seconded by Mr. Domenie and approved
unanimously the Minutes of the December 8, 2005 regular
meeting, subject to the above change.
~~~~- -~-- --- -- - - - -- --~ - ~---- - --~- ---
AUDIENCE PARTICIPATION
Deputy Dean Walton, Collier County Sheriffs Department - "I was your Pelican Bay
Deputy from 2001 through 2003, at which time I transferred out of the District". I have been
asked to return to duty in Pelican Bay and as of last Tuesday, I am now your afternoon shift
deputy. In case you were not informed, I was on patrol approximately two weeks ago in
Ridgewood Park and happened to see a vehicle parked in this area. It was a person who lived
near Sam's Club and was supposed to be meeting his girlfriend there, but I actually believe he
was there on a drug transaction. The person was arrested on possession of cocaine and
marijuana charges, both of which are felonies and he was taken to jail. We are keeping an eye
on Ridgewood Park and Pelican Bay Services has been very good about keeping the vegetation
trimmed so that we can see into that area to keep that sort of activity from taking place. Since I
am back in Pelican Bay, I will tell all of you, if you ever have any problems with speeding, etc.,
Deputy Marcano is our liaison and all he has to do is tell me. The speed trailer has also been
serviced and it can be placed on the roadway to remind people of the speed limit.
Mrs. Joy Jamerson - "I am not supposed to be here because my husband said it wasn't
necessary, but this is about Hurricane Wilma and that I was so impressed with the services that
Collier County gave to us after Hurricane Wilma". I live on the corner of Bentwood Drive and had
an oak tree split during the storm, which covered Bentwood Drive. We stayed in our house,
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which was no big deal and in the morning when the light came up and the winds started to
subside, the first thing we saw was the white Pelican Bay Services truck. I was so grateful
because he was leaving his family to come out here and check on us. Soon after that I saw the
Sheriff patrolling. Then two large backhoes came through the neighborhood. I stopped one and
asked if he was lost and he said no, I am here to unblock driveways and roads. These men were
office workers and had on long sleeve white shirts, not field workers, but office workers, very
polite young men and out there assisting people. Soon thereafter, the Collier County men came
by in their pick up trucks and cut up all of the trees very neatly and efficiently. All of this was
happening between 8:00 A.M. and noon, taking care of us. Collier County was wonderful. Also,
the North Naples Fire people came around and knocked on the doors to see if everyone was
okay. I heard what was going on in Naples and we felt so good. By Friday, all debris had been
picked up and our house was back to normal. All of the trucks that came through with Collier
County printed on their sides were all very courteous. Our driveway was all black from tire marks
after the debris was picked up and the next day a man came and used a solution to clean the
drive. They told me that Collier County would get after them if these marks were left on your
drive, so we are cleaning it. I am so impressed.
Mrs. Jamerson continued, "On Friday night our neighbors had a large neighborhood
party, which had been previously planned and was attended by all of our neighbors who said they
were not going to vote to go into Naples, we like Collier County". I think Collier County did a
great job and feel that we should all thank you.
BUDGET SUB-COMMITTEE
MISSION AND OBJECTIVES DISSEMINATION
Mr. Carroll stated, "Mr. Sutphin is going to have to leave the meeting early, so I am going
to accommodate his Budget Sub-committee Report in order that he may leave the meeting on
time".
Mr. Sutphin stated, "Due to the holidays, not much has happened since our December
Pelican Bay Services Division Board Meeting". At the December Meeting, the Board approved
the Mission and Objectives for the upcoming planning and budgeting process. One of those
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objectives was to include the Foundation and Pelican Bay Property Owners' in the budgeting
process. I, therefore, disseminated that information to Mr. Seblatnigg of the Pelican Bay
Foundation and Mr. Mike Coyne, of the Pelican Bay Property Owners Association. I also
included a copy of our approved objectives and the outline of the planning process that we use
and have received favorable responses from both organizations. The Foundation intends to
appoint a member of their Audit and Budget Committee to be the official liaison with the Pelican
Bay Services Division Budget Sub-committee. The feedback from the Pelican Bay Property
Owners was very supportive of the process, but not specific on how they would be involved. A
copy of those communications was included in your Agenda Package.
OAKMONT LAKE PROJECT
Mr. Sutphin stated, "The approved solution for the Oakmont Lake Project, which is the
replacement of the existing wall with treated lumber, is currently out for competitive bid". We
expect to have something in the early February time frame and, hopefully, at the February
Meeting we can make a decision on proceeding.
"FAIR SHARE" DISCUSSIONS
Mr. Sutphin stated, "Due to the holidays', nothing has happened on additional meetings
with the County with regard to the "Fair Share Revenue" discussions". I have talked with Mr.
Petty and he feels that we may need to enlist Commissioner Halas to get this off dead center on
our behalf. Mr. Carroll, I think we will be asking you to become actively involved in this in your
next meeting with Commissioner Halas.
Mr. Sutphin asked, "Mr. Petty, do you have anything to add to that"?
Mr. Petty replied, "Nothing, other than to possibly tell some of the people here for the first
time what we mean by "Fair Share". One of the County's ways of bringing revenue from Pelican
Bay is that we pay by Ad valorem tax, which is millage rate based and everyone in the County
pays into it. It is based on certain social obligations, where if you are better than average you
have an obligation to pay for those that are less than average, for certain social services that are
provided by government. There are other ways that revenue is generated by the County and one
is an MSTU, which is across the entire unincorporated County area, where they generate
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approximately $4,000,000 from Pelican Bay for services. Of course, there is the Pelican Bay
Services Division which also generates approximately $4,000,000 a year. The Pelican Bay
Services Division explains every year, what it does every day. The $4,000,000 in the MSTU, that
the County collects, is what we are looking for when we say "Fair Share". We want the County to
explain this action. We feel that Pelican Bay has fulfilled its' social obligations and that an
additional $4,000,000 is excessive. If the money is being spent in Pelican Bay, we are asking
them to please let us know and if it is not being spent in Pelican Bay, please let us know what
your policy is, so that we can respond to the residents. That is what we consider the "fair share".
FISCAL YEAR 2007 STEP II PLANNING
Mr. Sutphin stated, ''There is a Budget Sub-committee Meeting scheduled for January
18th, at which time we will begin to look at Capital Programs for next year". If any Board Member
has suggestions for new Capital Programs, in other words something that is not currently funded
and carried over to next fiscal year, please submit your thoughts, in writing, to Mrs. Barbara Smith
and we will discuss it at the meeting. Everyone is welcome to attend the meeting and pitch your
pet project in person.
Mr. Staros asked, 'What time in the meeting"?
Mr. Sutphin replied, "3:00 P.M. on January 18th".
Mr. Spanier asked, "In the new Hammock Oak building"?
Mr. Sutphin replied, "No, at the Commons and I don't know that there are any actual
meetings being held at Hammock Oak".
Mr. Spanier replied, "Next Tuesday, the Men's Coffee Group will be meeting there".
Mrs. Smith stated, "I have been notified that our meetings will remain here, due to the
parking constraints at the new facility".
Mr. Sutphin stated, "The Budget Sub-committee Meetings for the next several months
have already been booked for this room". The other item we have been requesting information
on, is any thoughts on alternatives to rebuilding our Uninsured Asset Reserve. As a reminder, as
part of the defensive budgeting in anticipation of our potential annexation, the decision was made
in the budgeting process this year to spend down the Reserves. We will exit this year without an
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Uninsured Asset Reserve in place. We have survived a major hurricane without a financial crisis
and without a reserve in place. I also have some encouraging news from Mr. Petty that the
climate is changing in that the County is receptive to organizations, such as the Pelican Bay
Services Division, establishing credit facilities with banks. I believe Mr. Petty mentioned that he
has been having a series of meetings with SunTrust.
Mr. Petty stated, "There are several other organizations, including the Association of
County's, which offers lines of credit for government agencies". These are typically short term
lines of credit, which are five years or less and for less than $10,000,000.
Mr. Sutphin stated, "We will have the option of considering an alternative to asking the
residents to put their cash on deposit with the County, as a prepaid insurance policy for a future
natural disaster. The decision has not been made as to how we will recommend proceeding, but
we will have that option available to us for the first time.
Mr. Sutphin continued, "This year we are under an agreement with the Foundation
whereby the Foundation has agreed, in principle, to act as our bank". In other words, the
Foundation has an existing line of credit. Should the Pelican Bay Services Division need money
in this fiscal year, the Foundation will make those funds available to us and there are a series of
provisions where we would go out for a Special Assessment to repay them. We will now have
other options to consider in the budgeting process for Fiscal Year 2007.
Mr. Carroll stated, "I would like to go back to a statement you made a few minutes ago
and our giving some thought to suggesting Capital Improvement items". Can you give us an
example of the kinds of things you might expect?
Mr. Sutphin replied, "I don't want to go there". We have gotten pretty narrowly focused
and I don't know of anything that is currently in the hopper other than beach renourishment, a
continuation of the east berm project and the perennial replacement of the irrigation system.
Mr. Carroll asked, "For example, if we thought the lighting along Pelican Bay Boulevard
was substandard or not adequate, would this be the time to bring it up"?
Mr. Sutphin replied, "Absolutely". I would expect that we would also be getting
suggestions from the Pelican Bay Foundation and the Pelican Bay Property Owners' as to Capital
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Improvements that they feel would be in the best interest of the community. That is what this is
all about. The Budget Sub-committee meeting is two weeks from today at 3:00 P.M. in this same
room and the public is welcome at that meeting as well.
Mr. Spanier asked, 'Would it be possible to ask the Foundation to publicize the nature,
time and location of that event on Channel 96, so that we could emphasize the outreach to
people in the community that have suggestions to make in this area"?
Mr. Carroll replied, "I don't know the procedure for doing that, but I don't see a problem
with it".
Mr. Petty stated, "There are different ways to communicate with the residents and we
have talked about that at several meetings". The Board has adopted a not too stiff policy, which
is subject to new ideas and new concepts. If you want staff to contact them to see if that is
available, we will be glad to do so. Today we don't know what the procedures are and suspect
that it is alright. It should be doable and if you would like to instruct us to do so, that should not
be a problem. If you would like us to work with the County that also has a local channel to see if
you want to broadcast your own message on your own channel, we can also look at that.
Mr. Carroll replied "Mr. Petty, will you look into that"?
Mrs. Barbara Smith stated, 'That is already being done for every Board Meeting and
every Sub-committee Meeting". The agenda is sent to the Foundation with the request that it be
placed on all Bulletin Boards and placed on Channel 96.
CHAIRMAN'S REPORT
COMMERICAL BOARD MEMBERSHIP
Mr. Carroll stated, "This issue was discussed at the last meeting when our Commercial
Members were not in attendance, but is something that we need ideas and suggestions on what
we can do". For the benefit of the audience, the issue that we are relating to is that our
commercial members are so busy running their businesses, that due to job pressures they have a
problem attending our meetings on a regular basis. We are trying to brainstorm what else could
be done in order to have the business community represented. My feeling, and one I think would
be shared by the Board, is that it is important that the commercial area be represented because
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they contribute a lot of tax dollars to Pelican Bay. I had a suggestion that possibly instead of an
individual, an institution could be designated, such as the Ritz Carlton and then they would
appoint someone to attend our meetings. I talked to Mr. Mathias about that and he did not feel
that was too good of an idea.
Mr. Staros stated, 'We do try to attend the meetings and I think I have attended 8 out of
the last 12 meetings". I could send a non-voting representative, but the same person each time,
so that we are not dealing with an inexperienced person. I would suggest that person be a non-
voting member and he would bring the information back. Sometimes the information is a little
different than reading it word for word, because you don't feel the emotion of what went on by just
reading it.
Mr. Carroll asked, "Mr. Petty, would there be a problem with that"?
Mr. Petty replied, "No, the whole intent was to provide the best representation to the
business group as we possibly could because of their importance". Whatever they feel is the best
form, is what we would wish to follow. There is nothing that is against our rules by providing an
alternate who is non-voting. If you would like them to vote, I would suggest that we go back to
our Ordinance and do a slight change where alternates would be approved.
Mr. Carroll asked, "Mr. Mathias, do you have any suggestions or thoughts"? Does what
Mr. Staros is suggesting meet you needs?
Mr. Mathias replied, 'When I think about it, my company, which has a lot fewer employees than
the Ritz Carlton and whether it is me or a designee, we still have responsibilities that are less
administrative and are more service directed client contacf'. It is a struggle, whether it is me or
one, two or three other designees from the company. I do think the continuity of having that
same person come every week, to understand the dynamics of the issue, is important. I don't
know what the solution is. I try to get here and to the Budget Sub-committee Meetings when I
can, but things come up where I can't make every meeting. I do read the Minutes and Mr. Staros
has a valid point that sometimes the emotions of the room are not captured on paper.
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Mr. Carroll asked, 'What is the possibility of the Forbes Organization of Waterside Shops,
having an interest in having a representative attend our meetings"? Is that something we should
explore?
Mr. Staros stated, "It is my understanding that my term is coming to an end and I was
going to reapply". However, they are welcome to apply also. I think continuity has a lot to do with
it. Let it be them, myself, or whomever, but continuity in the same presence is important. I have
an assistant at both hotels and it would be my suggestion that if I could not make it, that Mr.
David Rothwell the day-by-day manager, who handles the day-to-day operations, attend as my
representative.
Mr. Carroll replied, "That sounds like a very good solution".
Mr. Domenie stated, "I thought our original discussion was that whoever was the
alternate would have voting powers". If they are here, they could be sitting in the audience and
they could be the swing vote. I think we discussed changing the Ordinance to reflect that
possibility.
Mr. Carroll replied, "That would take an Ordinance change and I did talk to the County
Attorney about thaf'. He didn't have a quick and ready answer for me, but I would not dismiss
that. I think that in the short term, what Mr. Staros is suggesting makes a lot of sense. It would
simply say the institution of the Ritz.
Mr. Staros stated, "I will bring Mr. Rothwell to the next meeting so that you know who he
is, but he runs the day-to-day business at the hotel".
Mr. Carroll replied, "He would certainly be the person to take care of your needs".
PELICAN BAY BOULEVARD SEAL COAT
Mr. Carroll stated, "Mr. Spanier, this ties in with the bike path discussion, do you have
anything to suggest or add on this issue"?
Mr. Spanier replied, "Mr. Lickhalter and I had a meeting with the Collier County
Engineering Department with respect to the feasibility of placing bike lanes on Pelican Bay
Boulevard". That quickly broadened into the fact that the only way in which they would consider
such a thing, if it were feasible, would be in conjunction with the seal coating or resurfacing of
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Pelican Bay Boulevard, which they informed me, was not on their agenda for the next two and
one half years. I objected strongly to that and inquired as to how that happened. I can discuss
that further with you and Mr. Petty at a later time. I believe that with the assistance of Mr. Petty,
Commissioner Halas and Mr. Mudd, we will be able to alter it. The fact is, it has been so long
since I have been an engineer that I can not form a judgment on the process. I am told that it is
not merely a matter of seal coasting that they are discussing, but something that is referred to as
micro-coating. The gentleman who was speaking for that function said that is what they are
using for the resurfacing and repaving of all roadways in the County. We should get a further
opinion on that function.
Mr. Petty stated, "As a engineer, you should remember that you could change things by
changing the name". This is one of those engineering feats. The product has not been improved
to where there is some new technology that is being applied. The name has been changed
because when it did not seal completely that was a problem. Seal coating is not an asphalt lift.
Mr. Spanier stated, "Mr. Carroll has asked me to continue to communicate with these
people, with the objective of seeing the work done during this fiscal year".
Mr. Carroll stated, "I received a note from Ms. Jean Smith saying that she has determined
that the work is in this year's budget, does include the entire Boulevard and the work should start
during March or April". I think we are okay on that issue now.
Mr. Spanier stated, "In that case, let me say, there is no doubt in my mind that it was with
the support and response that Commissioner Halas and Mr. Mudd, both of whom I apprized of
that meeting and its' results, who are responsible. I think we should bare that in mind when we
think about the County, Pelican Bay and cooperation.
Mr. Staros asked, "Mr. Spanier, does the fact that this is now in the budget mean that a
decision is going to have to be made as to whether we do or do not have bike lanes"?
Mr. Spanier replied, "We have pretty much done that". I was not going to go into it at this
moment, but after discussing these feasibility factors, aside from the mechanics of repaving it, the
roadways are not wide enough to permit a safe inclusion of a bike lane, without sacrificing a traffic
lane. That is so far out of the realm of being reasonable, that it seemed to both Mr. Lickhalter and
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I that the matter should be pursued no further. In Mr. Lickhalter's oral report to the Foundation
Board he said as much, so I think we will be hearing nothing further in the future about this issue.
Mr. Sutphin asked, "No bike lanes"?
Mr. Carroll replied, "No bike lanes".
Mr. Spanier asked, "Is it correct that instead of a 1/8 inch overlay they are now using a
1/4 inch overlay and that is why they are changing the rhetoric"?
Mr. Petty replied, "I would like to see them measure the overlay after it has been
sprayed" .
GOVERNANCE LETTER
Mr. Carroll stated, "I have provided you a copy of a memorandum that I have written,
communicating the subject of governance to the people of Pelican Bay". I felt it was necessary
to review what we have done, who did it and why we did it with the residents. It is my intention to
get this out to the residents of Pelican Bay, but I did want you to review it and comment on it
before it is sent. I am working with Mr. Petty on how I would get this information out to the public
and that has yet to be determined.
Mr. Spanier stated, ''There is one addition that I would like to discuss". A very important
and completely unpublicized aspect of the way the governance really works between Pelican Bay
and the other North Naples communities in District 2, involves the District 2 Advisory Council that
meets every month. Mr. Burke and I, along with our colleague from the Pelican Bay Property
Owners Association, have regularly attended. This has proven to be a remarkable supportive
and useful group in discussing the traffic problems, parking problems, long term infrastructure
needs and the sort of roadblocks and dysfunctions between the County and these twenty-three
gated communities, including our own, which had lead to unpleasant situations such as Cap
d'Antibes. Part of what is working, improving and growing stronger, is this linkage between
Pelican Bay and the other communities within District 2. There is a chair that was never filled on
that council, for a Foundation member. I think we should discuss this matter with Mr. Seblatnigg
and others and see to it that this very important element is fully exploited. It is working; it works
for us and is one of the reasons that the clean up throughout this part of the County, after
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Hurricane Wilma, was so rapid and efficient. Mr. Carroll, I will provide you with a paragraph on
this in the next week or so.
Mr. Carroll replied, "Fine". Mr. Staros, have you attended these monthly meetings
chaired by Commissioner Halas?
Mr. Staros replied, "No, I have not". I do get the Minutes of the meetings because they
are sent to me, but I have not attended a meeting.
Mr. Spanier stated, "It really does not have a commercial component". If there was an
issue we would let you know, but it is essentially a governance to governance type of structure
and a very effective one.
Mr. Domenie stated, '" have some suggestions on this letter". In the fourth paragraph
you may want to include the Budget Sub-committee and the Clam Pass Sub-committee because
those are the official names of the Sub-committees. In the last paragraph on the first page,
second line, three years ago....and then insert "at the request of this Board", because it was at
our request. The next to last line, take out "Our Board" because we keep referring to it as "the
Board". At the top of page 2, "the list of candidates with the most votes is then forwarded to the
Commission for appointment". We send the whole list. In the next paragraph, talking about the
budget, I would add that the Budget Chairman made the presentation and as in past years
received routine approval from the Commission. In other words, they have always approved our
budget, they have never questioned it.
Mr. Petty stated, "When staff was working with them in preparation of the budget, they
were most inquisitive in budget matters". It has only been within the last couple of years that this
Board has gained the trust where they no longer do that. Even though the Commissioners may
have approved it, staff's influence on the matter has dropped considerably.
Mr. Carroll replied, "That is of interest, I didn't know that".
Mr. Domenie stated, "The third paragraph, on page 2, should read that we need to
"continue our working relationship with the Foundation". The way it reads now, it sounds as if that
is something new.
Mr. Carroll asked, "Are there any other comments"?
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Mr. Roellig stated, "It was a good comment about the District 2 meeting, but I think we
already have too many arms of government mentioned". I think adding District 2 to the equation
is going to make the governance issue more confusing. I know people, who I talk to all the time
that still can't figure out the difference between the Foundation and this Board.
Mr. Carroll stated, "I will use that in my next letter to try and simplify it". I understand your
point, but what you say is true.
Mr. Roellig stated, "Bringing in another level of government does not make it any clearer".
PBSD BOARD CANDIDATES
Mr. Carroll stated, "I just wanted to remind you that we are in the process of receiving
applications for those whose terms will be expiring on this Board". Do we know if there have
been any applicants?
Mrs. Smith replied, "As of yesterday, there were none".
Mr. Staros stated, "I have intentions on applying and the application is on my desk, but I
have not sent it in".
Mr. Carroll stated, "Applications are due by January 9th".
Mr. Domenie asked, 'What happens if they get no applicants"?
Mrs. Smith replied, "Ms. Filson is ready to rerun the Public Notice to advertise the
positions if no applications are submitted by 5:00 P.M. on January 9th".
Mr. Domenie asked, 'Where would it be advertised"?
Mrs. Smith replied, "I do not have the complete list, but I understand she advertises in
sixty-five different locations". I will also again have it placed on Channel 96 and request that it is
posted on bulletin boards at the Foundation facilities.
Mr. Domenie stated, "The next Pelican Bay Post comes out in early February, would that
be too late"?
Mrs. Smith replied, "That may be too late, depending upon the publication deadline for
the Post and whether or not applications have been received".
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Mr. Petty stated, "It depends upon how it is set up, but in several other governmental
agencies, even though your term has expired, you cannot give up your seat until you are
replaced".
Mr. Carroll stated, "We have all been notified that our terms expire as of March 31, 2006".
Mr. Staros stated, "I got the letter that our terms expire March 31, 2006, but I thought we
had to sign up before then". I don't remember seeing the January 9th date at all.
Mr. Domenie asked, 'Where do they apply"?
Mrs. Smith replied, 'They can go on line to www.collierqov.net and fill out an Advisory
Board Application and then submit it".
Mr. Roellig stated, "Mr. Domenie, if you put it in the Post, it is going to be too late".
Mrs. Smith stated, "There was a press release in early December advising of the terms
expiring with the application cut off date being January 9th".
Mr. Domenie asked, 'When will the election take place"?
Mrs. Smith replied, "That date is determined by the Board of County Commissioners after
the applications have been received".
Mr. Domenie stated, "Presumably before the March 31 date".
Mrs. Smith replied. "Absolutely".
Mr. Petty stated, "It is usually in the March time frame, when there are other local
elections" .
Mr. Spanier asked, 'Would it do any good to have an attractive, attention gathering
notice, posted on all Foundation Bulletin Boards and also sending an email to the President of
each condominium association"? We really want to stir the pot and do a little outreach which
would seem to be very much in order. I don't think it should be done by having people go to the
voluntary board section of their local newspapers and looking for jobs. I don't think we get many
candidates that way.
Mr. Roellig stated, 'We have in the past".
Mr. Spanier replied, "I don't know that we have had so many in the past". We have had a
handful.
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Mr. Roellig replied, "At one point we had seventeen applications".
Mr. Carroll stated, "I have not been too successful, but I have asked two or three people
to apply".
Mr. Petty stated, "It is something that I think the Board should consider in this forthcoming
budget year", What happens is that when you are successful you will have few people coming to
replace you because there are no issues that have people upset. If there are issues that are
upsetting to people, that is where you are going to get attention. Trying to put a certain amount of
prestige or honor on their commitment to serve on this Committee, would be something you may
wish to consider and be part of the communication that we have been discussing for the last six
or seven months. I don't know if putting it in the Foundation's form of communication is going to
be the best solution. There is confusion over who is who and who does what and the more we
mingle with the Foundation in communicating with the residents, the stronger that confusion will
be. It is something that I think you need to consider during the budget year and staff will be
bringing that back to you for your consideration at that time.
Mr. Carroll asked, "How do you tie that in with the budget"?
Mr. Petty replied, "It would be dollars that are allocated for that communication, whether it
is the website, an advertisement or a newspaper advertisement, you will have a little bit of money
to spend in that regard".
Mr. Carroll stated, 'Would you get that to Mr. Sutphin when you are working on the
budget"?
Mr. Petty replied, "I will do that".
CLAM BAY SUB-COMMITTEE
CLAM BAY MONITORING AND IMPROVEMENT SCHEDULE
Mr. Domenie stated, "You have been provided with the Clam Bay Monitoring and
Improvement Schedule and since it is so early in the year, I don't think there is anything that
shows any large differences".
CLAM PASS INLET
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Mr. Domenie stated, 'The channels that were obstructed have been cleaned, although
there are still some at the north end that will require some further maintenance". Otherwise, I
think it is going well.
BEACH RENOURISHMENT
Mr. Domenie stated, "I have had communications with Mr. McAlpin asking if the beach
renourishment was still on target". Mr. McAlpin has replied that the contractor will mobilize and
start pumping sand in the Vanderbilt area starting approximately January 20th. Two weeks or so
later, he should be approaching the Pelican Bay Beach where it will be renourished between
monuments R-30.5 and R-37. Pelican Bay will pay for the renourishment at a cost of $1,000,000.
The Pelican Bay renourishment should take no longer than one week to complete. The operation
runs 24 hours a day; seven days a week, which will necessitate some noise at night, as well as
some interruption at the Sand Piper. There will be a thirty inch pipeline installed, but there will be
places where the line can be crossed. There is no new information with regard to Clam Pass, but
dredging of the channel should take place sometime this spring, which will be paid for through
TDC funds.
Mr. Carroll stated, 'With work starting on January 20th, we had a lot of talk early on about
completion having to be prior to turtle nesting season". Because of hurricanes we have lost a
couple of months.
Mr. Domenie replied, "That will not affect us". If there is any affect, it will be in the City of
Naples. The contractor will be working south from Vanderbilt Beach and will affect the Ritz
Carlton during the pumping of the sand.
Mr. Roellig asked, 'We are not paying a flat fee, we are paying so much per cubic yard
aren't we"?
Mr. Domenie stated, 'We have reduced the cubic yards to limit us to $1,000,000". The
fee was so much per cubic yard.
Mr. Roellig replied, "I understand that". Will they measure how many cubic yards we get
and we pay for that?
Mr. Domenie replied, "That is right".
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Mr. Roellig replied, 'We never saw any numbers".
Mr. Spanier stated, 'We need to address the communication from the former Treasurer of
the Foundation to Mr. Burke that dealt with all of these efforts, in a manner which I consider highly
derogatory and has to be dealt with in some fashion by this Board". Mr. Domenie, would you like
to read it?
Mr., Domenie replied, "I will pass it around also". The note was addressed to Mr. Burke.
It reads as follows:
"I hope you had a wonderful Christmas holiday. Perhaps you can help in
reviewing the current water drainage and cattail program for the berms and boardwalks.
Several weeks ago, the canals and north bay (formerly Pelican Bay but currently sans
signage) were deeply ditched and a summer and fall experience of expansive waterscape
was replaced with mud, stench and a general "Love Canal" effect. Unfortunately. we are
welcoming the return of our seasonal residents and guests to Pelican Bay with a scene of
blight and bad smells. Moreover, the cattails have not been sprayed for a long period of
time and they are proliferating again - seemingly encouraged by a lack of water
submersion (scientific literature supports submersion versus herbicide and other
chemical usage to extinguish cattail proliferation in preserves). Of course, all of this is
negative for our real estate values and quality of life. Please partially refill the ditches to
remedy this environmental assault on Pelican Bay. Thereafter, please consider dredging
the canals and the north bay so that a healthy ebb and flow of Clam Pass water can
traverse these higher elevation areas. While permitting may be required. please notice the
beautiful waterscape of Clam Pass waterways as the validation of a muck-free scene.
Thank you. Ian McKeag
Mr. Domenie stated, "I have drafted a response". In the first place I don't agree with him
about cattails. Freshwater will not kill cattails; it is saltwater that kills cattails and that is the
reason that all of the channels were dug. Yes, during the summer we had seventeen inches of
rain and all of that water did not suddenly drain and there was a lot of water in the mangroves. A
lot of that water had a lot of salt content, which contributed to the death of some of the
mangroves. Mr. Lukasz and I drove the area this morning and it appears very good. There are
many small mangrove trees coming through the muck. There are a lot of dead stems, which are
dead cattails. There is some cattail regrowth happening, but we are reluctant to start spraying
because of complaints of spreading herbicides into the mangroves. We have not sprayed for
over two months and will start spraying very selectively, to make sure that we don't kill any
emerging mangroves. What Mr. McKeag means when he says canals to be filled up and at the
same time to dredge them, I am not quite sure what he means. What I think he means, is that
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"
there was high water, which made the canals appear deep and now the water level has dropped
and they appear less deep. It should also be pointed out that although we have two and one half
feet of tide at the Gulf of Mexico, by the time the water gets to the north part of the mangrove
forest, you only see from 2"_4" of tidal effect. I certainly would not recommend filling the
channels, because that is what caused the mangrove die off in the northern area in the first place.
Mr. Domenie continued, "As to the sign at Pelican Bay, I don't know why that was
removed". That is signage that is prepared by the Foundation and perhaps somebody from the
Foundation might want to address that issue. As for dredging, I just cannot see it.
Mr. Carroll stated, "You don't need to deal with every issue".
Mr. Spanier stated, "My suggestion would be this". If Mr. McKeag were not a highly
visible and important member of the Foundation administration, my tendency would be to set it
aside as a crank letter. I don't think it is a crank letter or phrased in a way that is meant to be
constructive or helpful. It appears to me that this Board whose Chairman, and I think that is
where this letter should have gone, should reply to Mr. McKeag pointing out to him that we have
turned his letter over to our consultant and that there will be a reply forthcoming on behalf of the
Board from its' consultant. If there are others who are part of this complaint they should come
before our Sub-committee and express their complaints and get the sense of outrage on the
table. We have spent over $4,000,000 and I for one, as a member of this Board, very severely
resent the outcropping of this sort of backbiting. I don't think we should stand for it.
Mr. Roellig stated, "I agree that we should send it back and tell him that it has been
referred to our consultant for appropriate action".
Mr. Petty stated, "It is strongly recommended that all communication to this body go to
staff first and not to any member of this Board, including the Chair, so that it can be processed".
If it is a simple misunderstanding, and in this case several of the topics are very simple
misunderstandings, in that we don't have a lot of those options. We have a storm water system
under this entity and, of course, your permit for Clam Bay could address some of these points.
This interface that we are currently working on is part of the drainage system. The suggestion is
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January 4,2006
1611
that these sorts of things not be brought to the Board for the Board's immediate reaction, they go
to staff first and we take care of the simple things and the hard things we bring before the Board.
Mr. Carroll replied, 'That is a good point".
Mrs. Alice Kay Potter - Mangrove Action Group - "I am interrupting the meeting so that
the Foundation will not be criticized for the signage". The boards should be up. The Foundation
allowed the Mangrove Action Group to provide that signage. Those boards have been approved,
but they were not put up because of the hurricane season. The signage will be put up on both
boardwalks, but please don't criticize the Foundation for it.
Mr. Domenie replied, "We were not talking about those boards". From what I gather, at
the north boardwalk there was always a sign that said "Pelican Bay", that is the sign that is
missing and has nothing to do with the mangroves.
CAPIT AL PROJECTS
IRRIGATION AND LANDSCAPE IMPROVEMENTS
Mr. Lukasz stated, "The irrigation has been completed and the landscaping on Gulf Park
Drive and West Boulevard is just about complete".
There are some things that need to be
completed on Crayton Road, which should be complete within the next week. The hold up was
our not being able to get some of the plant materials.
SYSTEM III & IV RETENTION AREA IMPROVEMENTS - TEST AREA
Mr. Lukasz stated, "As reported last month, we have to go into this test area and remove
some of the trees that were damaged due to the hurricane". We will probably replace a few of
those trees to represent how the area would appear with the improvements.
COMMUNITY ISSUES
US 41 STREET LIGHTING
Mr. Lukasz stated, "There is nothing new to report". I did touch base with the
Transportation Department and all of the paperwork has been submitted and they are awaiting
FOOT approval. They are still optimistic of starting work in March or April.
SIDEWALK OVERLAYS
Mr. Lukasz stated, 'The contract for the resurfacing of the sidewalks should go before the
Board of County Commissioners at their first meeting in January".
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Mr. Domenie asked, 'Which sidewalks are still missing"?
Mr. Lukasz replied, "The single family area along Greentree Drive and Ridgewood Drive".
There are also a few other areas that have to be worked on. None of the repairs that were part of
the hurricane damage have been done. I am trying to contact them to find out when those repairs
are going to be made.
Mr. Carroll stated, "The sidewalk that is on the east side of West Boulevard, along the
Waterside Shops, is not complete". Is that our responsibility?
Mr. Lukasz replied, "No, that sidewalk was installed as part of the improvements for the
Waterside Shops". I did talk to them about that and they have gone out and graded some of the
dirt and have promised to complete that work.
Mr. Carroll asked, "Is the median our responsibility"?
Mr. Lukasz replied, "The median and the west side of the Boulevard, between the road
and lake". That work is just about complete.
HURRICANE CHARLEY STORM DAMAGE
Mr. Lukasz stated, 'This is the report that continues to be in your package". We are
trying to wrap up some of the landscaping and sod where some of the stumps have been ground
and removed. We still have some trees to remove in the north end of the system where
mangrove trees have come down.
Mr. Carroll stated, "Hurricane Wilma took out more trees and stumps, are you working on
those"?
Mr. Lukasz replied, "A majority of those have been removed".
Mr. Spanier stated, "I had several calls from people in Oakmont with respect to the fact
that the illumination on the large Oakmont sign, located at Greentree Drive and Oakmont
Parkway, has been out for over a month".
Mr. Lukasz replied, "We have to change that fixture".
Mr. Spanier asked, "Can you be sure that is done, because the main person making the
complaint is saying that he called the office and the office dropped the ball"?
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Mr. Spanier stated, "In connection with what you were addressing on the height of the
area between the sidewalk and the landscaping on West Boulevard, adjacent to the Waterside
Shops, that item came up during the discussion that Mr. Lickhalter and I had at the County when
we were there discussing the bike lanes". Somebody had tripped over that obstacle and had
been to the Foundation offices and complained. The engineer said that they would get on that
matter quickly. Today, as it happens, I had a call to tell me that they had had their repair crew in
and adjusted the grade so that there is no longer a tripping hazard. Is that correct?
Mr. Lukasz replied, "Ves, they graded the dirt". That sidewalk was installed as part of the
improvements for the Waterside Shops and they have graded it, but have not put any sod in
place yet. In a couple of locations it appears as if sprinklers have washed out a few areas and
they have started to do some work there.
Mr. Spanier asked, "Is there any further work that our organization should do with the
County on that issue"?
Mr. Lukasz replied, "I don't think we need to work with the County". I should be able to
work with the General Manager to get the work done.
Mr. Carroll stated, "I would encourage you to do that because it is very visible, with a lot
of traffic in that area". It does need sod and looks very bad,
Mr, Mathias stated, "Along that same roadway, approximately 200' north of the Seagate
DrivelWest Boulevard intersection, there is a water pipe that is above the ground", It is located in
the side yard of the US Trust Building and has been leaking for the seven months that I have
been there and it appears to be getting worse.
Mr. Petty stated, "Any above ground structure like that is typically a backflow preventer
and is designed to vent to atmosphere when there is a problem", An indication that water is
coming out of it is an action item. I will talk with the utilities staff, which Mr. Lukasz knows very
well, and tell them that they have such an action item.
Mr. Spanier stated, "Since we are talking about West Boulevard, there is one other piece
of input that came to me from residents of Bridgeway". Many residents are quite concerned
about the probable increase in vehicular traffic that will attend the opening of the renovated
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January 4, 2006
1611
Waterside Shops and the fact that many cars tend to travel that road at quite high rates of speed.
I am wondering if we can raise the issue with the County, or whoever is responsible for that
roadway, for the possible installation of speed bumps. I simply do not want to see someone run
over on West Boulevard.
Mr. Carroll replied, "It is not within our jurisdiction to be dealing with traffic problems".
Mr. Petty stated, 'These are community issues". They are certainly not under the
responsibility of the Pelican Bay Services Division and your budget, but they are a community
issue, which we have dealt with from time to time. Anything impacting Pelican Bay is worthwhile
discussing, but it is not a responsibility. It is an option.
Mr. Mathias asked, "Is it something where a formal letter should be drafted to our
Commissioner, just to protect ourselves, saying that our constituency has raised this issue"?
Mr. Petty replied, "You don't want to handle these issues lightly". By just passing an
issue through, we will get a reputation with the County for doing so and we have legitimate issues
that we have to pass by, so there has to be determination that this has value enough to use this
Committee's stamp to pass on for consideration. In this particular case, this is what I call a
danger zone, because it is a planning and zoning issue and that is a semi-autonomous entity of
the County, which does have its' own persona. Getting involved in that is something that is open
to all residents and associations at any time and there are very specific laws governing what
people can and cannot do with their property. Public opinion really does not get into that mix.
They have land use rights, the way you do as a homeowner and they have land use rights that
have been determined over a long period of time, which is why this semi-autonomous body looks
at it. I would counsel on this item, while you may have a concern, that it is best addressed to the
planning and zoning body of the County, by the citizens, versus trying to do a political concept
through this body.
Mr. Carroll asked, "Shouldn't we identify to whom they should go with their issue"?
Mr. Petty replied, 'We can act as a conduit for them and we welcome their calls". We
would like members of the Board, when they have these types of issues to point them towards
staff when we can be of service.
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Mr. Mathias stated. "Having said that, I think we would be acting inappropriately if we just
said we weren't going to do anything about it". I think some response back to the "complainant",
whether it is to call the office or to provide the planning and zoning committee's number; but to
respond to them directly because it is not in our purview, at least addresses it with that person".
Mr. Spanier replied, "I agree". My first impulse was to tell the person who was
complaining to talk to the Foundation, but that did not seem to be a constructive response. That
is one that I will take advantage of. When you say refer them to the staff, what do they do call
Mrs. Smith?
Mr. Petty replied, "Yes, Mrs. Smith knows how to get hold of everybody".
Mr. Spanier stated "I will get in touch with the lady who contacted me and make sure she
is happy",
Mr. Carroll stated, "The entire area is a real focal point and Waterside is now using St.
Williams parking lot for overflow parking". It is going to get to be quite a mess down there.
Maybe this is short term, but it is going to be there for another year and then Nordstrom's is going
to start construction, which will then be another year.
AUDIENCE COMMENTS
Mrs. Rosalee Johnson-Fogg - Greentree Drive resident - "I was pleased to hear that the
Oakmont lake Retaining Wall is being bid", If the bids come back during February, when do you
anticipate construction?
Mr. Petty replied, "It is our intention that the contract would be awarded this year, not in
next year's budget and that other projects that were scheduled for this year would be pushed
back until funds are available". The intent is that the contract would be awarded in February and
the Notice to Proceed would be issued at that time. Typically, you are giving the contractor
between sixty to ninety days to get on site. I would suspect that the work would be completed by
the end of summer at the latest.
Mrs. Johnson-Fogg stated, ''The other issue is that the sidewalks in Oakmont are actually
behind the cul-de-sacs and end up being the path that goes around the lake". Originally, when
WCI did their design that was a trade off for Oakmont lake instead of sidewalks being along
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Pelican Bay Services Division Board
January 4, 2006
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Oakmont Parkway. When you are talking about sidewalk refurbishment, the sidewalk along there
has some problems and one section is concrete and is broken and cannot be overlaid. I would
ask that you look at that because, in my mind, it should be included in the sidewalk project.
Mr. Petty stated, "I think you are very good at getting to the point that you got to". You
have the story exactly right. However, the money that is used to resurface the pathways that we
have talked about so far, are for pathways located in the County's right-of-way. The Oakmont
pathway is outside of the County's right-of-way and that is going to be an issue, although you
already know that this group is willing to work with you on that area. If there are issues with the
structural integrity or usability of the pathway we can work with you. I just don't think we are
going to get it done within that County program; we are going to get it done with the Pelican Bay
Services Division programs.
Mrs. Johnson-Fogg stated, "Once they make the repairs it is probably going to make the
path worse than it already is, but there is a section that was done at a different time and is
concrete, which. does not look very good".
Mr. Petty stated, "We will have Mr. Lukasz work with you on this issue and take a look at
what is of concern". It sounds as if it is a simple fix for us. We were not intending for construction
to cause any harm and there should be no large equipment in there working. This is mostly a lot
of big guys sweating a lot, which should not hurt the asphalt. It is exempt from the County
program and we will have to put it under a separate item.
Mrs. Johnson-Fogg stated, "After the meeting that Mr. Lickhalter had with you, he sent
me a note saying that you would look at the erosion issue". I think that is also a concern,
especially when there were trees that were planted too close to the edge. Some trees were
planted so close to the edge that they no longer exist. I am assuming that there has been quite a
bit of erosion since the trees were planted. I don't know what the solution is, but I do think that it
needs to be looked at, to make sure that we are taking the best care of that area that we can.
Mrs. Johnson-Fogg continued, "The communication issue is a concern". As you know I
have been communicating with everybody and I somewhat know how the system works now. I
have to tell you that it is not easy to figure out who does what. The Foundation's website is very
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useful and I would encourage that you put a feed on the Foundation's website into anything that
you have. I do sense anger between this Board and the Foundation at these meetings. As a
resident who would like peace in the family and to also get things done, I would encourage you
try to work together and be a little more respectful of each other in meetings. It bothers me when
I sit here and hear you talk about the Foundation. I did not hear them talk about you that way at
the Foundation meeting, but I would suggest the same of them if I hear it. I think it is important
that we understand that we are all in this for Pelican Bay.
Mrs. Johnson-Fogg asked, "I missed last month's meeting, so how do I go about getting a
report of what happened during that meeting"?
Mrs. Smith replied, "The Minutes and Agendas of all of our meetings for the past four to
five years are posted on our website". As soon as the Minutes are complete and edited, they are
posted to the site. The website address is http://pbsd.qlmover.com.
Mr. Petty stated, "We have talked about that in the past and is something that we hope to
communicate with our brothers". As you know it is usually family members that have the worst
fights, but they are also the strongest together. That kind of plays out to what the Foundation, the
Pelican Bay Property Owners and this Division represent. We feel very strongly about our
commitment to the residents and should anybody from the outside come in to attack Pelican Bay,
they would find the three bothers in arms. I take your comments very much to heart and think
our relationship can always be made better and we hope to do so.
Mr. Carroll stated, "The G.L. Moyer address confuses me".
Mr. Petty replied, "Our Founder, Severn Trent was G. L. Moyer". We had a website
sitting there and we offered it to you as a no cost way of hosting the site for you. Website hosting
is approximately $100.00 - $150.00 a year. We are looking to change that in the spring to avoid
the confusion that the name G. L. Moyer brings.
Mr. Carroll stated, ''That is a good idea because "G. L. Moyer" doesn't mean anything to
anybody around here".
Mr. Bob Piasecki - St. Nicole - "Mr. Spanier, were you on a committee to see if we could
provide a bike path along Pelican Bay Boulevard and there is no room"? I am now in a
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conundrum because the Foundation tells me that there is no parking for the new community
center and I should either walk or take my bike. If I take my bike I am on the roadway, putting
myself at risk because there is no room to add a bike path. What do you suggest I do?
Mr. laizzo stated, "There are shuttles to take you to the center".
Mr. Petty stated, "There is no problem with riding your bicycle in the roadway as it is".
The laws do apply, whether there is a line there or not and you still have to obey the roadway
laws. If we took out a lane of traffic it would actually be worse than currently riding in the lane,
which you are allowed to do. You can take your bike, you can travel on Pelican Bay Boulevard or
you could also go on the pathways. The pathways were designed with multiple uses.
Mr. Piasecki asked, 'The pathways, meaning the actual sidewalks"?
Mr. Petty replied, 'They are multiple use pathways". In the hopes of trying to get the
biking community on our side, are you looking for just more places to ride bikes?
Mr. Piasecki replied, "Absolutely".
Mr. Petty stated, "That may be something that we consider at the Budget Sub-committee
Meeting when we are looking for Capital Programs". Pelican Bay does have a great deal of
green space. Maybe that is a Capital Project that we can consider.
Mr. Spanier asked, 'What green space are you talking about"?
Mr. Petty replied, 'The US 41 berm". If there was a pathway on it, you would have miles
of bike paths. It could be on either side of the berm. If you put it on the US 41 side, you are
going to be a good fifty yards off the roadway. If you put it on the resident's side, you would have
the nice quiet tranquil feeling, as long as the residents' didn't feel they were being intruded upon.
If you didn't know which side to use, you could put it on the top. We certainly do have room in
such areas. There is also quite a bit of berming around the utility site. It may be possible to put
something in there. We do have a very nice asset for walking and getting to the beach on the
berm that we have on Clam Pass and there are quite a few other green spaces in the community.
Mr. Carroll stated, "Looking into that would be very helpful". I think cycling is here to stay,
whether we put it on Pelican Bay Boulevard or not. You pointed out that some study was done
on the East Coast that indicated that cycling was safer without the bike lane.
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Mr. Petty replied, "The bike lanes actually made it more difficult or less safe". At issue, is
when you paint the lane and you get into a right turn lane that is far more dangerous by design
than working with the traffic and obeying the laws. By painting that line you are actually making it
more dangerous for a biker to travel on the road.
Mrs. Lynn Armstrong - St. Lucia - "In The Villages, south of Ocala, they have wider
paths that can handle golf cars". Is there any way you could make wider paths in Pelican Bay?
Mr. Petty replied, "In most areas I don't know of any restrictions to making the path a foot
or two wider". I know that there are going to be places where you can't make it any wider
because you are restricted, but I don't know of a physical restriction for making it wider in a
majority of the areas and no ordinance that prohibits it. I think we have more than enough right-
of-way space in most of these areas to consider such a matter. The cost would be considerable,
but physically it can be done and can be permitted and allowed. There may be some obstacles,
but the cost would be the biggest consideration. The cost would be huge. We have a lot of
facilities in those areas such as lighting, cable and telephone, which may put us in jeopardy. We
just spent a considerable amount of money on an irrigation system in that right-of-way, which
would be disturbed. I would suggest consideration of new areas for biking. I think the existing
pathways and the protocol for bikers to use that, which is that you must honk for pedestrians and
you cannot force them off the road, is being polite. I think we continue to allow that for as long as
possible and then we look for other areas for bikers and walking enthusiasts to make use of such
features.
Mr. Domenie asked, "Mr. Petty, would you advise Mr. Burke that you have forwarded Mr.
McKeag's memorandum to Mr. Hall"?
Mr. Petty replied, "My recommendation was not to send it to our consultants". Any such
messages would first come to staff. I do not want to go to a consultant that charges you per hour,
with anything from the residents, until we have gotten it down to anything meaningful and then
bring it back to you for consideration.
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Mr. Mathias asked, "Do we have a listing of the businesses that have the potential to
participate as members on this Board"? If we do, is there a conduit for us to gather their interest
and thoughts about what is happening? If it does not exist, should we create one?
Mr. Carroll stated, "There is a list". I have seen the list and Ms. Jean Smith has it.
Mr. Petty replied, "The Property Appraiser has the area that is classified as commercial".
We have the people that own title to that and their address and the address of the facility itself is
available. Who to contact is quite different from ownership. That is the difficult part of getting
businesses to participate in these types of things. That is why it is difficult trying to get them to
vote. Does the corporate entity in Delaware or France get it and say, what is this? A lot of
corporations may look at this and say it is not meaningful to my business and set it aside and not
know how to work with us.
Mr. Spanier stated, "All of the stores are leased and not owned by the occupants". That
is the reason why I called to your attention that there was an association in which the two hotels,
the owners of the commercial buildings and the General Manager for Waterside Shops was a
member.
Mr. Petty stated, 'We are missing the business entities that make up the area", The
Sun Trust building, where we are located, contains several businesses that lease office space and
are not getting a voice. There are a hundred more in other commercial buildings that do not get a
voice. We are giving the right to vote to the owner of the building, who is basically renting out
these facilities. We are trying to strengthen the business voice and get as many people that are
doing business in Pelican Bay actively involved, because we value them so much. We would
like to give them a voice and hear what they need.
Mr. Nordhoff stated, ''The tenants do not pay the taxes, they pay the rent".
Mr. Petty stated, "The person who owns the building pays the taxes".
Mr. Nordhoff stated, "The Gucci's and Sacs don't have to have a voice".
Mr. Petty replied, ''The concept here is that without the Gucci's and Sac's, the business
owners who have the entity do not survive",
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Mr. Mathias asked, "Do you have a list of entities that are eligible to participate or should
we create one".
Mr. Petty replied, "The listed property owner is at our disposal at this time, according to
the Property Appraiser's roll.
Mr. Mathias, "Is that available to be dispersed amongst this group"?
Mr. Petty replied, "The Property Appraiser will disperse that at our request". If the Board
would like staff to bring that to your attention, we can bring that to you at the next meeting. We
can ask the Property Appraiser for the roll.
Mr. Mathias replied, "Let's start there".
ADJOURN
There being no further business the meeting adjourned at 4:50 P.M.
James Carroll, Chairman
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F''''iican 8ay Foun,jatiOrl, lnc
April 14,2005
Fll:Cl:/lIl:D
APt? 182005
Christopher Sutphin, Chair, Budget Sub-committee
Pelican Bay Services Division
Sun Trust Bank Building
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
Dear Mr. Sutphin,
As promised, this letter is to formally convey the recommendation of the members of the Pelican Bay
Foundation's (PBF) Audit & Budget Committee (A&B Committee) at their March 23, 2005 meeting
with respect to the disposition of the Pelican Bay Services Division's (PBSD) unexpended cash balances
(approximately $1 million at March 31, 2005) residing in Collier County's bank accounts,
As we tmderstand it, these monies have been accumulated for "reserve" purposes tl'om the taxes paid by
the residents and commercial interests in Pelican Bay, We understand these funds represent both a
PBSD "rainy day" fund and a cushion against unplanned and unforeseeable events and storms which
may occur in Pelican Bay,
After discussion at the Committee's meeting, it was the unanimous recommendation of the PBF A&B
Committee to request the PBSD Board to please "spend down" these accumulated unexpended cash
balances, bringing them to zero.
The A&B Committee Membership recommends this course of action primarily because of the current
PBF proposed initiative to annex Pelican Bay into the City of Naples in early 2006.
Given tbe uncertainty as to what the Collier County Commissioners and Management Team may
conclude with respect to the ultimate ownership of these unspent tax receipts, the A&B Committee
wishes to take this issue off the table by eliminating any unexpended cash balances by the end of
calendar year 2005,
If Pelican Bay should be unfortunate enough to sustain hurricane damage or other "acts of God" after
these unexpended cash reserves bave been "spent down", the PBF A&B Committee would recommend,
and the Foundation would approve, advancing sufficient funds to the PBSD for repairs etc" until the
PBSD could tax the residents and commercial interests of Pelican Bay in the normal course of business
and pay back the advance to the Foundation.
Pelican Bay Foundation, Inc,. 6251 Pelican Bay Boulevard. Naples, Florida 3410S
(23':1) 597 -BOS'j · (239) 597-6802 F.l\Y. E-Mail: mernberservices@pelicanbay,org
1611"
Page 2
Should the PBSD Board wish additional conversation with respect to this recommendation or have
further questions, the A&B Committee would be happy to meet at your convenience.
Thanks for meeting with the A&B Committee to discuss this important matter. The Committee very
much appreciates your having taken the time to listen to our thoughts and recommendation,
Sincerely,
~~t!!d'C~~~dget Comnnltre
and, Treasurer and Board Member, Pelican Bay Foundation
1611
EXECUTIVE SUMMARY
Recommendation to approve a Fourth Amendment To Lease Agreement with Gulf Shore
Associates, Limited Partnership, for the continued use of office space by the Pelican Bay
Services Division at a first year's annual rent and Common Area Maintenance fees of
$27,353,
OBJECTIVE: To continue leasing office space for the Pelican Bay Services Division with Gulf
Shore Associates, Limited Partnership (Landlord),
CONSIDERATIONS: Since 1986, Collier County has leased 1,039 square feet of office space
within the SunTrust Building at 801 Laurel Oak Drive, Suite 605 for the Pelican Bay Services
Division's (Tenant) administrative offices, This location was selected in order to maintain an
on-site presence within the Pelican Bay community and maximize Tenant's ability to service its
customers.
The current lease term expires on February 28, 2006, and the Tenant requests that the County
renew its Lease at the subject property for one year with an additional one-year extension option.
The renewal period will run through February 28, 2007, under the same terms and conditions as
the original Lease Agreement and subsequent Amendments, except that the annual rent will be
$20,152,68, Ifthe Tenant should elect to extend the Lease for an additional year, the annual rent
shall then be increased by an amount calculated by using the Consumer Price Index,
During the twenty year occupancy of this space, the Landlord has increased the annual rent based
on CPI only, The County has enjoyed below-market rent at this location for many years. The
Landlord has agreed to continue to increase rent based solely on the CPI and not current market
rent, However, the Landlord will need to increase the Common Area Maintenance (CAM) to
reflect the actual operating expenses of the building. At this time, CAM is $450.00 monthly, The
monthly CAM fee will be increased to $600.00 for the renewal period and to $800,00 monthly
during the one year extension period,
The County Attorney's Office and Pelican Bay Services Division have reviewed and approved
the attached Fourth Amendment to Lease Agreement.
FISCAL IMPACT: The Fiscal Year 05/06 annual rent of $20,152,68, plus annual CAM in the
amount of $7,200,00, will be paid from the following accounts: 33% from Pelican Bay Services
Division Fund 109-182601, 34% from Pelican Bay Services Division Fund 109-182900, and
33% from Pelican Bay Street Lighting Fund 778.
GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Fourth Amendment To Lease Agreement with Gulf Shore Associates, Limited Partnership, and
authorize the Chairman to execute the Amendment on behalf of the Board.
1611
.:..
PREPARED BY: Michael Dowling, Senior Property Management Specialist
Real Estate Services / Department of Facilities Management
1611
EXECUTIVE SUMMARY
Recommendation to approve a Fourth Amendment To Lease Agreement with Gulf Shore
Associates, Limited Partnership, for the continued use of office space by the Pelican Bay
Services Division at a first year's annual rent and Common Area Maintenance fees of
$27,353.
OBJECTIVE: To continue leasing office space for the Pelican Bay Services Division with Gulf
Shore Associates, Limited Partnership (Landlord),
CONSIDERATIONS: Since 1986, Collier County has leased 1,039 square feet of office space
within the SunTrust Building at 801 Laurel Oak Drive, Suite 605 for the Pelican Bay Services
Division's (Tenant) administrative offices, This location was selected in order to maintain an
on-site presence within the Pelican Bay community and maximize Tenant's ability to service its
customers.
The current lease term expires on February 28, 2006, and the Tenant requests that the County
renew its Lease at the subject property for one year with an additional one-year extension option,
The renewal period will run through February 28,2007, under the same terms and conditions as
the original Lease Agreement and subsequent Amendments, except that the annual rent will be
$20,152.68, If the Tenant should elect to extend the Lease for an additional year, the annual rent
shall then be increased by an amount calculated by using the Consumer Price Index,
During the twenty year occupancy of this space, the Landlord has increased the annual rent based
on CPI only. The County has enjoyed below-market rent at this location for many years. The
Landlord has agreed to continue to increase rent based solely on the CPI and not current market
rent. However, the Landlord will need to increase the Common Area Maintenance (CAM) to
reflect the actual operating expenses of the building. At this time, CAM is $450,00 monthly, The
monthly CAM fee will be increased to $600,00 for the renewal period and to $800.00 monthly
during the one year extension period,
The County Attorney's Office and Pelican Bay Services Division have reviewed and approved
the attached Fourth Amendment to Lease Agreement,
FISCAL IMPACT: The Fiscal Year 05/06 annual rent of $20,152,68, plus annual CAM in the
amount of $7,200.00, will be paid from the following accounts: 33% from Pelican Bay Services
Division Fund 109-182601, 34% from Pelican Bay Services Division Fund 109-182900, and
33% from Pelican Bay Street Lighting Fund 778.
GROWTH MANAGEMENT IMP ACT: There in no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Fourth Amendment To Lease Agreement with Gulf Shore Associates, Limited Partnership, and
authorize the Chairman to execute the Amendment on behalf of the Board.
1611
PREPARED BY: Michael Dowling, Senior Property Management Specialist
Real Estate Services / Department of Facilities Management
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AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 19,2005, 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 Fiala
Halas
2, ROLL CALL BY CLERK Henning
3. ADDENDA TO THE AGENDA coyle
Coletta ,-..-
4, PLANNING COMMISSION ABSENCES
5, APPROVAL OF MINUTES - DECEMBER 1, 2005, REGULAR MEETING
6, BCC REPORT- RECAPS - Not Available At This Time
7, CHAIRMAN'S REPORT
8, ADVERTISED PUBLIC HEARINGS
A. Petition: BD-2005-AR-7471, Becca Development LLC, represented by Turrell and Associates, requesting a
29-foot boat dock extension for a protrusion of 49 feet as measured from the most restrictive point of a
meandering mangrove shoreline to allow the docking of 6 vessels on a multi-family site, The subject property
is located on Becca Avenue, in Demere Landing Subdivision, Lot 36 and 37, in Section 11, Township 50
South, Range 25 East, Collier County, Florida, (Coordinator: Joyce Ernst)
B, Petition V A-2004-AR-5438, Darryl J. Damico, represented by Beau Keene, P,E" of Keene Engineering,
requesting a variance from Section 4,02.02C of the Land Development Code (LDC) of the Estates
Zoning District for earth mining to exceed the maximum site area (20 acres). The application would
allow for the inter-connection of three existing lakes to create a single 25,19 acres lake, The property is
located between 54th Avenue N.E. and 56th Avenue N.E., in Section 4, Townshmi~ l3_ Range 28 East,
Collier County, Florida. (Coordinator: Michael J, DeRuntz) Companion to CU-t()T)4-AD-~ <6.jQeo
Date: ~ t:f--.
-- d-Gl3
Item #:J to 1-
1
Copies to:
1611
C, Petition: CU-2004-AR-5439, Darryl J. Damico, represented by Beau Keene, P,E" of Keene Engineering,
requesting a Conditional Use of the "E" Estates district for earthmining per Table 2, Section 2.04,03 of
the Land Development Code (LDC), The request would combine two existing excavation permits (59,605
and 59,702) with a total lake excavation area of 15 acres and an additional ]0,19 acres excavation (removing
the strip of land between the lakes and excavating an area used for dewatering and storage of excavated
materials) into a single 25,19 acres lake. The property is located between 54th Avenue N.E, and 56th
Avenue N.E., Golden Gate Estates Unit 45, in Section 4, Township 48 South, Range 28 East, Collier
County, Florida. (Coordinator: Michae] J, DeRuntz) Companion to V A-2004-AR-5438
D, Petition: DOA-2005-AR-8113, Michae] Saadeh, of Vineyards Deve]opment Corporation, as owner and agent,
is requesting an extension of the DRI Deve]opment Order build-out date from May 7,2005 to May 6,2010 to
allow completion of on-going and planned construction planned for the Vineyards of Naples DRI. The
subject property, consisting of ] ,930 acres, is located along 1-75 bounded by Pine Ridge Road to the south,
Vanderbilt Beach Road to the North, Airport-Pulling Road to the west and Logan Blvd. to the east,
within Sections 5 & 8, Township 49 South, Range 26 East, also portion of Section 6, Township 49 South,
Range 26 East and portion of Section ], Township 49 South, Range 25 East, Collier County, F]orida.
Coordinator: Kay Dese]em)
E, Petition: PUDZ-A-2004-AR-64]7, Ronald Benderson et aI, Trustee, represented by Robert L. Duane,
AICP, of Ho]e Montes, Inc" and R, Bruce Anderson, of Roetzill & Andress LP A, requesting to rezone 1-
75/Alligator Alley from PUD to Commercial Planned Unit Development CPUD, The proposed PUD
amendment requests the following: to reduce the size of the preserve/water management area from ] 5 acres
currently required by the PUD to ]].4 acres; to delete residential uses as a permitted use; to provide a new list
of commercia] uses comparable to those allowed in the C-] through C-4 Commercia] Districts, with SIC
codes; modifY the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints
for undeveloped tracts; to modifY the circulation system; to establish a maximum number of square feet
allowed to 265,000; to relocate the existing western entrance 50 feet to the east; and to reduce the 50 foot
perimeter setback to 25 feet. The property, consisting of 40.8 acres, is located on the north side of Davis
Boulevard in proximity to the intersection of Collier Boulevard and 1-75. The subject property is located
in Section 34, Township 49 South, Range 26 East, Collier County, F]orida, (Coordinator: Michae] J.
DeRuntz)
F. Petition: PUDZ-2003-AR-4991, Woodfield Builders, LLC, represented by Robert Mulhere, of RWA, Inc.,
requesting a rezone from Rura] Agricultura] (A) to Residentia] Planned Unit Deve]opment (RPUD) to be
known as Rockedge RPUD for a maximum of 400 residential dwelling units subject to the approval of an
Affordab]e Housing Density Bonus Agreement. The subject property, consisting of 76.46 acres, is located on
the east side of Collier Boulevard (C,R, 951) approximately 6 tenths of a mile south of the intersection
of Rattlesnake-Hammock Road, in Section 23, Township 50 South, Range 26 East, Collier County, F]orida,
(Coordinator: Michae] 1. DeRuntz)
G. Petition: PUDZ-2004-AR-6932, R & S Development Company, LLC, represented by Kelly Michelle Smith
of Davidson Engineering, Inc., requesting a rezone from the Rura] Agricu]tura] (A) zoning district to the
Residentia] Planned Unit Deve]opment (RPUD) zoning district for a residential development with a
maximum of 67 dwelling units, to be known as Sandalwood RPUD. The property to be considered for this
rezone is located west of Livingston Road, just south of Mediterra, in Section 13, Township 48 South,
Range 25 East, in Collier County, F]orida and consists of20.58 acres, (Coordinator: Heidi Williams)
9, OLD BUSINESS
10. NEW BUSINESS
] ], PUBLIC COMMENT ITEM
]2, DISCUSSION OF ADDENDA
13, ADJOURN
1-19-06/CCPC Agenda/RB/sp
2
DecembeJ ~oll
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida, December I, 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, East Naples,
Florida, with the following members present:
CHAIRMAN:
Mark p, Strain
Brad Schiffer
Paul Midney
Donna Reed Caron
Lindy Adelstein
Bob Murray
Russell Tuff
NOT PRESENT:
Robert Vigliotti
ALSO PRESENT:
Ray Bellows, Zoning Department
MaIjorie Student-Stirling, Assistant County Attorney
Page 1
1611
December 1, 2005
MR. BELLOWS: I think two were continued so I made it a short agenda,
CHAIRMAN STRAIN: Okay. Thank you,
And what's the other -- we have another December meeting too, don't we?
MR, BELLOWS: You also have a --
CHAIRMAN STRAIN: AUIR on the 20th?
COMMISSIONER SCHIFFER: Twentieth.
MR. BELLOWS: Yeah, AUIR on the 20th.
COMMISSIONER CARON: Nine o'clock.
CHAIRMAN STRAIN: As far as the 15th, will everybody here be able to make the 15th?
(Indicating, )
CHAIRMAN STRAIN: All nods, Nobody's saying no. It looks like we will. Will everybody here
be able to make the 20th?
(Indicating. )
MR, MURRAY: Yes, sir.
CHAIRMAN STRAIN: Same nods. Okay. Nobody saying no, So we got a quorum for both days,
Thank you, Ray,
Approval of minutes for October 6,2005,
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Motion made by Commissioner Adelstein. Seconded by Commissioner
Murray to approve the minutes of October 6, 2005,
All those in favor.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye,
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye,
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response,)
CHAIRMAN STRAIN: Motion passes.
Ray, the BCC report and recaps,
MR. BELLOWS: The board met last Tuesday, but I unfortunately don't have the recap for you at
this point.
CHAIRMAN STRAIN: Ok~,
MR, BELLOWS: I'll have to give that at the next meeting,
CHAIRMAN STRAIN: No problem.
Chairman's report, Last week I had left some handouts that I had promised this board they would
have by this meeting, and staff had told me they could produce them by this meeting, and I -- do you have
them somewhere?
MR. BELLOWS: They are being copied and hopefully by the end of the meeting though,
CHAIRMAN STRAIN: So it looks like we forgot about them until we came in this morning,
Huh?
MR. BELLOWS: No. They're -- I didn't have them completed. They're still making copies,
CHAIRMAN STRAIN: Okay, What that handout will be and I'll try to explain it before the
agenda's over today is the laws and codes that pertain to the planning commission's operations, activities
Page 3
Decembe~,qo!51
the stafflevel so we know what -- what happens it may have already been addressed that we haven't got to
re-bring this up at this hearing.
MR. BELLOWS: No. That's certainly not a problem, and I will ask the planners to also be aware
of the -- if there is a disagreement between staff and the petitioner, that it's clearly stated in the staff report
also. That's the purpose of the staff report to outline those inconsistencies and review,
CHAIRMAN STRAIN: Okay. Well 1'11--1'11 kind of keep it on here then until I get feedback from
you maybe on the 15th as to --
MR, BELLOWS: Yeah, It shouldn't be a problem getting you copies of that either,
CHAIRMAN STRAIN: I -- I hope not. I mean, it would be easy to do,
Okay. With that we'll move into our first advertised public hearing, Petition BD-2005-AR-8280,
Martha Valle represented by Joseph Cunningham of Turrell & Associates, And will all those wishing to
speak on this matter please rise and be sworn in,
(Speakers were duly sworn,)
CHAIRMAN STRAIN: That's great. Thank you, Ms. Ford. This is going to make it easier for me
today.
Disclosures from the Planning Commission,
(No response,)
CHAIRMAN STRAIN: None. Okay. You may proceed.
MR, CUNNINGHAM: For the record, Joe Cunningham from Turrell & Associates representing
Martha Valle, Rocky Schofield's going to hand out a few aerials that will help aid this petition here,
CHAIRMAN STRAIN: Thank you. I knew you were here for something, Rocky.
COMMISSIONER ADELSTEIN : You're welcome,
CHAIRMAN STRAIN: The project site is located in Bonita Springs at 202 San Mateo Drive. It's
in Southport over there on Little Hickory Bay.
Ms. Valle is requesting a 25-foot boat dock extension from the allowed 20 feet for a total protrusion
of 45 feet. It's into the waterway that's extremely wide, around 900 feet. This dock will facilitate two
vessels with lengths of30 feet and 16 feet.
I want to put on an aerial here that will show exactly how wide the -- this bay is just to make sure
there's no navigational problems for other vessels, As you can see it's 900 -- a little bit -- a little bit over 900
feet over here to around Third Street and just over 700 feet over here to this point.
Now, near Martha Valle's shoreline, the applicant's lot is very shallow and it's checkered with
mangroves. As you'll see in this photo right here, these are all mangroves along the shoreline here and the
water depths right here are very shallow, So we had to push this boat dock out in order to provide
sufficient water depths for these two vessels.
As I said earlier, she's requesting vessels of 30 feet and 16 feet. These vessels will draw
approximately three feet of water and a boat lift will draw an additional foot or so thus requiring at least
four feet of water to safely moor the vessels, As you can you see in this drawing, the morsels -- the vessels
have been moored parallel with the shoreline and end line in order to minimize the total protrusion, This
design seemed to be the most practical and allowed Martha Valle to have two vessels while protruding only
a minimum distance into the waterway.
Now the next aerial you'll see that the proposed boat dock is consistent with other surrounding
docks, As you can see the dock to the north protrudes a distance of 47 feet into the waterway, And down to
the south you'll see a another dock extending 77 feet into the water. And as mentioned earlier, this
proposed dock does not impede navigation and it will have no impact on the waterfront views of either
neighbor.
Are there any questions?
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this, at least show us on it where your dock is actually starting. Going through your -- your map areas, you
see these are smaller -- the regular ones and, therefore, we -- I can't judge where the distance comes out on
the one that shows you the footage -- footage depth. I'm assuming you're correct, but I -- it would make it a
lot easier for us, at least for me.
MR. CUNNINGHAM: Are -- are you talking about the water depths on the survey --
COMMISSIONER ADELSTEIN: Yes.
MR. CUNNINGHAM: -- as according to the ones that are on the drawings?
COMMISSIONER ADELSTEIN: Right. Because there is none on the drawing itself,
MR. CUNNINGHAM: Those -- those are all points from the surveyor and we take those and we
just make contour lines to make it easier for the drawings,
COMMISSIONER ADELSTEIN: But, again, I understand this, but couldn't it also show me where
the dock is going to be? That doesn't give me the answers either if you -- if you look at the scale on the
survey.
MR. SCHOFIELD: Yeah, A lot oftimes, yeah, I understand what you're saying, You want to see
-- you'd like to see the dock layout on the actual survey.
COMMISSIONER ADELSTEIN: Yes.
MR. SCHOFIELD: And a lot of times the water depths -- a lot oftimes we -- we do include that.
Sometimes it gets so jumbled up and it's too much information on one sheet. But if we were to blow up on
this, I understand what you're saying.
COMMISSIONER ADELSTEIN: But it's a different size--
MR. SCHOFIELD: Yeah,
COMMISSIONER ADELSTEIN: -- and I can't judge it. I assume it's correct.
MR, SCHOFIELD: Yes.
COMMISSIONER ADELSTEIN: But I would rather be able to know it's correct.
MR. SCHOFIELD: The way -- the way -- the way these -- the way this is generated it's on
AutoCad that's taken, The survey is on the computer. That's transferred to an 8 1/2 by 11 drawing with the
dock on it, but I understand what you're saying. It would make it a little more clear, but the drawing is
correct.
COMMISSIONER ADELSTEIN: Thank you,
CHAIRMAN STRAIN: Okay. Any other questions of the applicant?
(No response,)
CHAIRMAN STRAIN: Hearing none. Staffreport, please,
MS, ERNST: For the record I'm Joyce Ernst from Zoning and Land Development Review, And
similar boat dock extensions like this have been granted to other properties in Southport. As you can see
and as pointed out by the applicant, the property to the north is actually on the other side of San Mateo
Drive and that extends out 47 feet into the waterway. The property to the south is under -- under
construction right now. About a year ago he got -- you approved a boat dock extension for that dock to
extend 77 feet into the waterway. And most of the properties up in Southport all seem to have this
mangrove that skirt the shoreline,
This proposed boat dock is centrally located along the property line and, therefore, we don't see
where it's going to obstruct the view of neighboring properties or obstruct the use of their docks, I have not
received any comments whatsoever for or against this petition. It complies with all the criteria of the Land
Development Code; therefore, staff recommends approval.
Any questions?
CHAIRMAN STRAIN: Are there any questions of staff?
Ms, Caron,
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CHAIRMAN STRAIN: Motion carries, Thank you,
Next petition for today is Petition CU-2003-AR-4647, Mitchell D, House, James -- represented by
Donald J. Murray, This is a Jan's Tram issue.
COMMISSIONER ADELSTEIN: Mr. Chairman --
CHAIRMAN STRAIN: All those wishing -- you want to make --let me get to disclosures, right?
COMMISSIONER ADELSTEIN: Yes, please,
CHAIRMAN STRAIN: All those wishing to testify in this particular case, would you please raise
your right hand to be sworn in. Ms, Ford, I'll let you, you're so good at this, go right ahead,
(Speakers were duly sworn.)
CHAIRMAN STRAIN: You know you've set a terrible precedent for those others that come in,
Okay. Now, is there disclosures?
(No response.)
CHAIRMAN STRAIN: No disclosures, Mr. Adelstein, did you want to say something?
COMMISSIONER ADELSTEIN: Yes, I did. It is my understanding from our discussion last
meeting that the public hearing must be held at least one year -- within one year of the petition being heard
by the County Planning Commission. It is my understanding that this petition had a -- this public hearing
on this petition was November 25th of2002, Has there been a later one?
MR, MURRAY: I'm sorry, Has there been a later commission meeting?
COMMISSIONER ADELSTEIN: Meeting from the owners -- of the owners,
CHAIRMAN STRAIN: Neighborhood information?
COMMISSIONER ADELSTEIN: Neighborhood information,
MR. MURRAY: No, sir, There has not.
CHAIRMAN STRAIN: And I guess that's a legal question then for the county attorney.
COMMISSIONER ADELSTEIN: Well, we went through that. Last time I did it on the wrong
pew, but at least it came to the situation that it had to be done within one year,
MS. STUDENT-STIRLING: I am -- I was not aware that this issue was going to be brought up. If
I might have just a little time to locate that section in the land code, I will do so,
MR, BELLOWS: For the record, Ray Bellows, It is my understanding this petition was submitted
prior to that LDC amendment requiring a neighborhood information meeting.
COMMISSIONER ADELSTEIN: They've already done it in 2003. And in 2003 it was essential to
be one year. I checked it out myselfto -- to -- I hoped when we talked about it at the last meeting,
somebody would have brought it -- brought it to the attention of the --
CHAIRMAN STRAIN: Okay. There's -- the question needs to be addressed, If Ms. Student needs
a few minutes to do it, I don't have any problem moving this to the agenda item after C, We'll actually do C
next and then we'll do B after that. That might resolve the time frame and we're not losing any time in our
process,
Is that okay with you, Ms. Student?
MS. STUDENT-STIRLING: Because I have another item here, Let me see how they fall, Okay.
Yeah, Mine is D, so if you went ahead with C, that would give me time to -- thank you.
CHAIRMAN STRAIN: Any objections from the commission to change that?
(No response.)
CHAIRMAN STRAIN: Okay, We'll go forward with Petition CU-2005-AR-7749 which is the
Living Word Family Church represented by Laura Spurgeon of Johnson Engineering,
Okay, Are all those wishing to testify on this particular matter, please rise. Raise your right hand to
be sworn in by Ms, Ford,
(Speakers were duly sworn.)
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are three in number -- and on Exhibit C -- and I can't tell whose exhibit that is -- there are only two, But
you agreed -- you just indicated that you agreed with the staff recommendation, so the three would prevail;
is that correct?
MS. SPURGEON: Correct. I have three in the staff report that we received and the -- over the
course of the week, we added a new stipulation about the well easement.
COMMISSIONER MURRAY: So there's no question on that? Thank you.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: One question. The preserve requirement is met by the preserve to
the north, Would they be able to ever remove the preserve to the south?
MS, SPURGEON: No. We're showing those as preserves so they would carry conservation
easements across them,
COMMISSIONER SCHIFFER: Okay, And they'll be locked in. Okay.
The other question is the lighting of the parking lot. Is there any limit to the height of those polls or
MS, SPURGEON: I don't know. Lighting? Yeah. We would follow the LDC. I don't know the
exact lighting that we expect to have there, It would just follow the LOC. We submit that during the SOP.
CHAIRMAN STRAIN: Well, maybe we need to find out ifthere's a limitation in the LOC then,
Because that's a good point. If your lights are too high and they don't protect the glare from the
neighborhood that could potentially be around this facility, it would be something to consider now, So I
guess when staff gets up, we can get that question answered.
COMMISSIONER SCHIFFER: Okay, That's it. Thank you.
CHAIRMAN STRAIN: Go ahead, Commissioner Caron,
COMMISSIONER CARON: I have a question concerning a comment you made about off-site
preserves in the future,
MS. SPURGEON: I'll try to get an aerial up there. If you look at this aerial, what we did was try to
center the built area in the center ofthe project so that leaving potential for connecting preserves if and
when other sites do develop. We thought it was a more reasonable approach to allow for the future
connections if they ever come about.
COMMISSIONER CARON: All right. I see what you mean. Thank you,
CHAIRMAN STRAIN: Any other questions of the applicant? Ifnot, I have a couple,
When do you expect to open this facility up, what year? What part of what year, early or late, say,
of what year?
MS. SPURGEON: He's trying for as soon as possible and January '07 is a target date,
CHAIRMAN STRAIN: Okay. Because that's going to factor into a question I'm going to have of
transportation, I just wanted to know,
Also your stipulations, you had mentioned that there's no day-care facility planned now or in the
future, 00 you have any problem with that being added as a stipulation?
MS, SPURGEON: No, that's fine.
CHAIRMAN STRAIN: Thank you. Hearing no other questions, we'll ask for county staffs
presentation, please, Thank you, ma'am.
MS. WILLIAMS: Good morning, Heidi Williams, zoning and land development review. That's a
pretty thorough outline. I can just add that the site is in the rural fringe mixed use district on the future land
use map and contained within the future land use element of the growth management plan.
The EAC hearing heard the petition, Their concerns centered very much around the water on the
site, the flow -- water flow in the area, They seemed to be satisfied by the answers the applicant provided.
They were also concerned about pesticide use on the site, They were encouraged that -- by the fact that
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December 1,2005
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Don, this church is planned for 500 seats, Why would the trip
generation be figured on 206? It's page 2 of the traffic generation study and it's Sunday a.m., entering and
exiting 206.
MR, SCOTT: Okay. Those are actually trips.
COMMISSIONER CARON: On Sunday, yeah.
MR, SCOTT: Those are the trips.
COMMISSIONER CARON: Trips in and out?
MR, SCOTT: Right. But it's based on the --
COMMISSIONER CARON: But if you figure --
MR. SCOTT: -- it's based on the square foot.
COMMISSIONER CARON: Understood but do you think it's 50 --less than 50 percent?
MR, SCOTT: Well, one of the things, even if you look from the parking aspect is -- what is it, a
three to seven, So they're assuming a little more than two per car.
COMMISSIONER MIDNEY: They might not get a full house every week too,
CHAIRMAN STRAIN: Or they might. Okay, Are there any other questions of Mr, Scott?
(No response,)
CHAIRMAN STRAIN: Thank you, Don,
Ms. Spurgeon, is that how you say your last name?
MS. SPURGEON : Yes,
CHAIRMAN STRAIN: Okay. Mr. Murray's question was a good one. If you are going to -- if
you're intending to operate on Sunday during the day and Wednesday at night, would you have any problem
stipulating that that's the only service times you'll utilize until Immokalee Road is completed between 951
and Wilson Boulevard?
MS. SPURGEON: I'll let Aaron address what they want to do with -- at the church,
CHAIRMAN STRAIN: I'm just going by what you already said so..,
MR, BLAIR: For the record, Aaron Blair. The stipulation -- if! put that in place, that would limit
us to, say, like this upcoming season we have a Christmas service which just happens to fall on Saturday or
we have Thanksgiving service which happens to fall -- this happened to fall on Tuesday this week because
of not having service on a Wednesday to allow for people time to travel to see their family members,
CHAIRMAN STRAIN: Okay. I -- I wouldn't expect that that would be also okay because the
traffic on the roadway would be lessened during those holidays. So the stipulation would be then to accept
holidays, Sundays and Wednesday evening. Do you have a problem with that?
MR. BLAIR: I still have a little bit of an issue with it only because occasionally probably two times
a year we may have, say, a guest speaker that will come that -- and we'll have church on Sunday, sometimes
Sunday night and Monday night. We -- we normally never have church services during the day or early
mornings during the week, so as far as traffic congestion the time that we have the most traffic is the time
when most people are already at home.
CHAIRMAN STRAIN: That's what I'm trying to limit your operations to so we don't further
impact. Right now people getting in from Orange Tree are spending hours on a road system --
MR, BLAIR: Right.
CHAIRMAN STRAIN: -- that is not finished, So until it's finished, I want to see that you're not
going to impact any more than what you've said and it's going to be the off hours, Now, I'm not sure what
that means as far as staffs meaning of what's acceptable, I was trying to narrow it down to what you guys
had said you were going to do, You're expanding that as we speak. So now you're into Sundays,
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December 1,2005
have day-care services,
CHAIRMAN STRAIN: Thank you,
Any other questions?
(No response,)
CHAIRMAN STRAIN: Ray, are there any public speakers?
MR. BELLOWS: No one has registered,
CHAIRMAN STRAIN: Okay. Then we'll close the public hearing and entertain a motion.
MS. HERERRA: I have a comment. I'm --I'm Laura Hererra, I'm an ecologist with Johnson
Engineering and the project ecologist for the site. And I just wanted to make a comment for clarification
for the record. I think it was a question that Commissioner Schiffer had asked about the preserves.
Yes, they are going to be under conservation easement. But one thing that has come up that was
not addressed during the EAC, there is a small portion of the preserve. Is it here? This is the back area.
CHAIRMAN STRAIN: You'll need that hand mike, Miss, or we can't pick you up on the
recording,
MS. HERERRA: There's a small area called recreated preserve in the back portion of the property.
And since the EAC met, although the well easement is going to be decided exactly at the time of SDP,
potentially that is where it will be going. We will still be in excess of the county's preservation
requirements, We've met all county requirements in the one large preserve against Immokalee Road, But
right now with about a 2,5-acre preserve in the back portion of the property and that may be reduced to
more like 2.3, I just wanted to clarify that. Because it wasn't brought up during the EAC, So there may be
a slight change to that preserve in the back to accommodate the county's request for a well easement.
CHAIRMAN STRAIN: Commissioner.
COMMISSIONER SCHIFFER: And -- and my concern was since it is essentially extra preserve,
that it be reduced to zero. So you're going to create plus or minus exactly what you show here; right?
MS, HERERRA: That is correct. I just wanted -- I wanted it clarified for the record so, you know,
that it did come in at SDP and we showed a small change back there for the well easement, that it didn't
look like we were trying to significantly change the preserve.
COMMISSIONER MURRAY: That's fine.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER MURRAY: Thank you.
CHAIRMAN STRAIN: Now, there's no other questions?
(No response.)
CHAIRMAN STRAIN: We'll close the public hearing and entertain a motion,
COMMISSIONER ADELSTEIN: I -- I move that AR-7749 be forwarded to the Board of County
Commissioners with recommendation for approval subject to the following -- subject to staff
recommendations and the recommendation of the County Planning Commission.
COMMISSIONER SCHIFFER: Second.
COMMISSIONER MURRAY: I'll second that.
CHAIRMAN STRAIN: Seconded -- well, yeah, Commissioner Schiffer had the second before,
COMMISSIONER MURRAY: Oh, fine.
CHAIRMAN STRAIN: The motion was made by Commissioner Adelstein, Second by
Commissioner Schiffer. Now discussion, Mr. Murray,
COMMISSIONER SCHIFFER: And the conditions let me just add, There was a condition that
there was no day care and there was a condition of operation.
CHAIRMAN STRAIN: I'm going to read them,
COMMISSIONER SCHIFFER: Okay,
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December 1, 2005
neighborhood informational meeting after initial staff review and comment on the application and before
the public hearing is scheduled with the Planning Commission, I didn't find any limitation in here about
one year, I called Mr. White who has handled the land code amendments over time, and he pulled it up
also and found no such limitation.
CHAIRMAN STRAIN: Okay,
COMMISSIONER ADELSTEIN: The only thing that bothered me is that we discussed this thing
at our last meeting and the answer came up completely reversed,
CHAIRMAN STRAIN: Well, we got a legal opinion now that--
COMMISSIONER ADELSTEIN: Again--
CHAIRMAN STRAIN: -- we'll have to go forward.
COMMISSIONER ADELSTEIN: I'm glad to get it straightened out because I'd like to get --
MS. STUDENT-STIRLING: I -- as I said, I discussed it with Mr. White, and we pulled it up, He
pulled it up digitally, Mr. Bellows pulled it up digitally. And then I have the hard copy here as well in the
code, and we didn't find any limitation in that section,
CHAIRMAN STRAIN: Okay, Ray, did you have something you wanted to add in?
MR. BELLOWS: Yeah, This issue came up on another petition that has been under review for a
number of years, a particular petition that had a lot of environmental and transportation issues that dragged
it out through the review process,
The Board of County Commissioners had indicated that it was over a year since the neighborhood
information meeting and they were asking if there was a requirement to do so. And at that time it was
mentioned, that we were exploring that option oflooking at that, but right now there was no requirement
for a neighborhood information meeting.
COMMISSIONER ADELSTEIN: That's fme, I just want to get it clarified once and for all.
MR, BELLOWS: Yeah, And that may have been discussed at the last meeting. That's maybe what
you're recalling that we were exploring that option and not actually --
CHAIRMAN STRAIN: Well, it's much better to be safe than sorry,
COMMISSIONER ADELSTEIN: That's right.
CHAIRMAN STRAIN: Now, let's move into this hearing, It'll be on Petition CU-2003-AR-4647,
Mitchell D, House represented by Donald J, Murray and the name of the project is Jan's Tram, And I--
Ms. Ford, did we swear these -- did everybody get sworn in before we started?
COMMISSIONER ADELSTEIN: No,
CHAIRMAN STRAIN: No? Then if you'll all rise, Raise your right hand to be sworn in by Ms.
Ford,
(Speakers were duly sworn,)
CHAIRMAN STRAIN: Okay, Disclosures, Any disclosures?
(No response.)
CHAIRMAN STRAIN: No disclosures. Okay, Applicant proceed.
MR. MURRAY: Thank you. Good morning, I'm Don Murray, and I'm representing my client Mr,
Mitch House, and with us today is Robert Andrea with Coastal Engineering, a planner and also Mr. Ray
Bass, attorney, And I'll give you a brief presentation and recap what happened at the EAC; and then if you
have questions at that time, we'll take questions,
This project is located just west of State Road 29 and -- on US 41. Can you hear me?
CHAIRMAN STRAIN: Uh-huh,
MR. MURRAY: The project entrance is not very far. It's -- it's really abutting the rail right-of-way
that runs parallel with 29, The property is part of a lease area that Mr, House leased from the Collier
Corporation. And that lease area is larger than this area here, but a lot of the property's not being used for
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December 1,2005
agreed to everything, We -- we've agreed to everything. We -- except for the permanent conservation
easement requirement. Nobody has a problem with the conservation easement. What they would prefer
that it run with the leased property because the owners would -- the way I understand it, would not like to
be bound to a permanent easement running with the title of the property,
The property in itself is considered conservation-type property, It's severely limited under the area
of critical state concern, So this type of use that would seem to be a very minor thing. If you really consider
the actual impact of the property, you're talking about, what, maybe a fifth or two-thirds -- excuse me, a
third of an acre, Yet because of the requirements of having to include the road, the canal area, the
mangroves and all this as project impact area, we've had to enlarge the area, And that was one of the
reasons for the delays in the beginning of getting here: going back and forth on what was appropriate, the
entire lease area or the area around the road, the area around the mangrove or the area around just the
project site, So that's where we've come up with this 142 acres.
On the previous aerial here as you can see that's the 142 acres. So based on that, they're asking for
19 acres of conservation area and a permanent easement. And we -- we can't do it. It's taken us three years
to get here. We asked staff several occasions to forward this to you to get it on schedule and get it to the
board, Another story for another day. But we would really appreciate considering this petition and making
a recommendation on it today and get us to the board.
CHAIRMAN STRAIN: All right. Thank you. Commissioner Schiffer,
COMMISSIONER SCHIFFER: Yeah. I like the project except one big problem, the parking.
There's six parking spaces plus one handicapped space, yet the application's asking for essentially up to 120
seats of use, You have tour guides. How will people park at this site?
MR. MURRAY: Okay. The -- just a second. The project site probably won't have -- and -- and
Mr. House could probably speak a little bit more to the attendance of these types of facilities, But because
of the -- you buy the buses and you buy the boats with a certain attendance, And there might be special
occasions where people are brought in on a bus or other vehicles to take part on the tour, Based on --
COMMISSIONER SCHIFFER: But you don't have -- you don't have parking for those kind of
vehicles,
MR. MURRAY: Well, the impact's probably going to be low, the actual parking area. Yes, And
the -- if there is -- for overflow parking, and this was discussed before, there's an area along the road along
in here (indicating). And I forgot to mention, this is the county's solid waste transfer station here at
Carnestown. But there's adequate parking along the area that's already disturbed on this road.
COMMISSIONER CARON: The logging trail itself?
MR. MURRAY: Yes, Yes, From -- from the project site up toward and around the Camestown
station area,
CHAIRMAN STRAIN: Now, has that been accepted by staff as an adequate parking area?
MR, MURRAY: When we had conversations back --
CHAIRMAN STRAIN: Is it in your--
MR. MURRAY: -- earlier in the year that -- that was adequate,
COMMISSIONER SCHIFFER: The data you provide shows that as a 12-foot wide -- wide logging
road. So you put parallel cars parked on it. First of all, we have to have turnarounds at the end and other
things, How would even the tour bus get by it?
MR. MURRAY: I -- I believe there was going to be a turnaround provided, but there's -- it -- the
average width of that road, the pavement is 12 feet. And rm not -- I don't have all the details on the exact
part, We were going to cover that in the site plan stage when that's submitted,
COMMISSIONER SCHIFFER: Well, I mean, I think if you do want to provide parking further
into the site, you should be showing it to us,
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December 1,2005
MR. BASS: No. rmjust going to respond to the legal question that has been posed, but I -- I can
take an oath about my opinion.
CHAIRMAN STRAIN: Ms. Ford, would you swear Mr. --
(Speaker was duly sworn,)
MR. BASS: There is no possibility of any trespass there. Now, you cannot trespass on an
easement.
There is something in the law known as an overburden in use, But if someone has an easement
over my property, I own the property. It's called the servient tenement. The ease -- the person who
holds the easement is the dominant tenement. And they only dominate over the -- over the -- we'll call it
the landowner, if you will. They'll dominate over that for the purposes of the use of the easement only
and no other purpose, So there's no possibility of any trespass, It's a co-extensive use,
COMMISSIONER MURRAY: I appreciate that clarification. My -- my understanding, and maybe
you can correct me on this, understood that now that's -- that's owned by the Colliers that particular parcel
ofland?
MR, BASS: That is correct. And they granted the county the easement.
COMMISSIONER MURRAY: They granted the county the easement. And did they -- are they
intending to grant -- by virtue of this leasehold are they intending to grant Jan's Trams an easement on that
same parcel?
MR. BASS: The Collier -- the county does not have to grant Jan's Tram.
COMMISSIONER MURRAY: No. No. No, The Colliers,
MR. BASS: The -- the -- the easement runs with the property,
COMMISSIONER MURRAY: With the -- so, in other words, there's no easement effectively. The
leasehold is the leasehold,
MR. BASS: Yeah. And they take it subject to any prior -- prior -- prior leaseholds or other legal
interests,
COMMISSIONER MURRAY: Okay, And rm glad you clarified that for me, but whether I used
the right legal term or not, my question: If it's an active operation and you have vehicles parked there plus
buses, rm just trying to figure out arithmetically where it all fits.
MR. BASS: Sure. And I can tell you this that Mr. House's operation could not impede the use of
the county's right to get to and from the trams,
COMMISSIONER MURRAY: That's where I was going, and I was trying to understand where --
where if the assertion is we're going to put a number of vehicles plus buses, how does that work?
MR. BASS: Then the -- then the county -- rm sure if! were the county, I would say to the -- to Mr.
House, Hey, you got to get your stuff out of the way here so we can come to and from and that's the way it
works,
COMMISSIONER MURRAY: Which -- which brings us to the question that's the fallback which
is almost immediate in my mind, Okay. Thank you,
MR. BASS: Well, that's just a dispute among -- among people who have access to a property, It's a
potential dispute, but you have that everywhere, I mean, that's like -- that's like saying who has the right to
park on the swale area of a road when, you know, the county has a road right-of-way, But, you know, does
the county control that or just have use of it? We get into these things all the time and they rarely blow up
into being big problems, very rarely.
COMMISSIONER MURRAY: I certainly hope not, but I hope they don't put the name Murray
associated with it, we agree to it.
CHAIRMAN STRAIN: Okay,
COMMISSIONER MIDNEY: Mark.
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December 1, 2005
MR, BASS: Well, yeah, he's been -- has been using it for hunting purposes,
COMMISSIONER MURRAY: Does he intend to continue those uses?
MR. BASS: Well, that would be -- not be a consistent use with what he's planning on doing now.
COMMISSIONER MURRAY: Okay. Thank you,
MR, BASS: Yeah, I mean, this is a much less intensive use, frankly.
COMMISSIONER MURRAY: Y es. Yeah,
MR. BASS: And a lot of people don't realize that. But, I mean, you know, I could be taking
swamp buggies out there, You're not going to be taking air boats out there and running around. This is --
this is a less intensive use --
COMMISSIONER MURRAY: Okay,
MR. BASS: -- from an environmental impact standpoint.
CHAIRMAN STRAIN: Okay. I have a few questions. Is there any other questions ofthe Planning
Commission?
Mr. Murray.
COMMISSIONER MURRAY: No.
CHAIRMAN STRAIN: You're Don Murray.
COMMISSIONER MURRAY: That Murray.
CHAIRMAN STRAIN: Sorry. In your environmental impact statement, there is a paragraph on
page 6 that says, No impervious surfaces will be created -- no new impervious surfaces will be created, Is
that true?
MR. MURRAY: Other than what was proposed for the -- the office and the existing impacted area
that we -- we discussed earlier, The road will -- that was supposed to relate to the road, no additional
impervious surface, The road is going to be left the way it is basically. So that's in more of a natural state
and population and so forth,
CHAIRMAN STRAIN: You had mentioned repeatedly and, I think, Mr. Bass did too that it took
you three hours -- three years to get through the system. My records show your first submittal was on
August 27th of'03 so it's about two and a half years or actually just over two years?
MR. MURRAY: It actually started -- yeah. It started a little bit before that, but the -- I believe the
first actual submittal was then,
CHAIRMAN STRAIN: Yeah. Your term of your lease, it's a five-year lease, And my records
show it was a -- started on July 1st of'02; is that correct.
MR. MURRAY: I'm sorry. Would you repeat that question?
CHAIRMAN STRAIN: Your lease, you have a five-year lease that indicates that it started on
7/1/02?
MR. BASS: Yeah, Mr, Strain, it's a five-year lease with rights of renewal for five years,
CHAIRMAN STRAIN: Okay. So your intention is to renew it if you get approved here today?
MR. BASS: That is correct.
CHAIRMAN STRAIN: Will you be renewing the full ten -- a little over 1,000 acres or just the 142
or --
MR. BASS: The whole amount. It's just for the whole lease amount.
CHAIRMAN STRAIN: Okay, The rest is for staff. Thank you. Any other questions?
(No response.)
CHAIRMAN STRAIN: Hearing none, Staff report. Thank you.
MS. WILLIAMS: Good morning, Heidi Williams, zoning and land development review. This
petition does have a lengthy history. There have been a lot of back and forth and a lot of really important
issues that have been discussed between the staff and the applicant.
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CHAIRMAN STRAIN: Mr. Tuff.
COMMISSIONER TUFF: Yes, I just know that in another area of the community that a permit--
a use was granted, and it was to a specific owner for a use that was on Golden Gate Parkway where there's
a car lot there, And that use went away when that owner ceased to exist on that. And you just said that that
can't be done and I was curious on that.
MS, WILLIAMS: Well, I'm not familiar with that particular case, but the conditional use -- this
particular conditional use is a zoning action. It would be close -- placed on the zoning Atlas map with a
reference to the action that was taken as an approved item, It carries on with the land, not with the owner,
And, I'm sorry, I'm not aware of that particular instance,
MS, STUDENT -STIRLING: I can -- I can --
CHAIRMAN STRAIN: MaIjorie,
MS. STUDENT-STIRLING: Marjorie Student-Stirling, assistant county attorney for the record.
I'm not familiar with that particular one either there, The county has many, many conditional uses,
But there are times when the board as a condition has put time limits on a particular conditional use and
that may be what happened where there was a time limit, and they didn't come back in and ask to extend it
or anything like that. And then also if the -- staff is correct that if the use ceases for a time, then the
conditional use by operation of the code ceases but only if the use ceases for a certain amount oftime.
CHAIRMAN STRAIN: Commissioner Schiffer,
COMMISSIONER SCHIFFER: Yeah, And, Heidi, it's the parking issue. You said that staff
looked at this and -- and what parking were you providing for with these essentially seven spaces, because
remember we have boats and we have buses, There's two drivers, Let's assume they're the guides, There's
two cars.
MS. WILLIAMS: I believe -- and I was not the original planner on this -- but I believe it was
reviewed based on the office space. And I certainly understand your concern that -- that there is an
unknown number of people that would come to this site. My only response could be that that -- the site plan
provided is a conceptual site plan. If it's determined at the site development plan stage should this be
approved, we would re-evaluate the parking standards and it would have to meet current code. And I think
those considerations would definitely need to be addressed.
CHAIRMAN STRAIN: Well, that's almost like saying this isn't going to work. Because they're
saying in your stipulation there'd be 120 would potentially use them -- the four vehicles. And what Brad's
trying to say is there's no way this site's going to accommodate that parking, so this is kind of a useless
exercise we seem to be going through here today.
MS, WILLIAMS: Well, I think--
CHAIRMAN STRAIN: I don't mean to interrupt, Brad, and I'm sorry.
COMMISSIONER SCHIFFER: No. No. And even -- let's take his solution that we park down
alongside the road. First of all, that would be one-way parking and parallel parking at best. The road's not
wide enough for perpendicular parking. I think with the information we've been given -- and I think if you
do intend to say that it's going to be solved, you give us more information, The information we've been
given, it would clog the road up to begin with.
COMMISSIONER MURRAY: Absolutely.
COMMISSIONER SCHIFFER: If, in fact, they park parallel, that means they'd be backing out.
There's no turnaround at the bottom. So here we have cars backing out onto 41 or worse case people could
pull in. There's no parking and they're parking along 41,
So I think that the parking to me is a fatal problem unless they can show us that -- you know, there's
no --like Mark said, there's no reason to get into the technicalities if they can't provide the parking for the
use.
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MS, WILLIAMS: I think that it is that wide, but our environmental reviewer has indicated she's --
she's visited the site and feels that that may be a very restricted area, She doesn't seem that that will work.
COMMISSIONER SCHIFFER: Look at the overhead photo on the thing, The widest part, the
white I'm assuming is the crushed stone road probably, the white is part -- is the part that's down here where
he can barely fit the parking and the drive-through lane, So essentially we'd have to assume that would be
given to us, which is a 12-foot road is about what that aerial reflects,
MS, WILLIAMS: I believe it's wider than -- I -- I think it's about 12 feet. If you proceed to the
northeast and then the part that turns to the west, that trail, that will be the actual tour trail is about that
wide, It is wider toward the entrance. It is used for that -- for the Carnestown Transfer Station. So I -- it is
a traveled road, but I don't know the specific widths,
COMMISSIONER SCHIFFER: Okay. The other question on the road is that while the attorney
testified that it is an easement, don't you think those that are using the easement should sign off on whether
we should fill that road up with parking?
MS. WILLIAMS: I'd have to maybe refer to our legal counsel. I'm--
COMMISSIONER MURRAY: That would seem to me so...
MS. WILLIAMS: -- not an expert on the easement.
MS, STUDENT-STIRLING: Well, I guess the only question I would have about that, it's
essentially is a private matter between the two parties, but whether or not that would be an overburdening
of the easement.
CHAIRMAN STRAIN: Have you read the easement, Marjorie? It's Mark.
COMMISSIONER SCHIFFER: He's talking.
CHAIRMAN STRAIN: Hi, Have you read the easement?
MS, STUDENT -STIRLING: No, I haven't read the easement.
CHAIRMAN STRAIN: Okay. So you don't know the legal ramifications to the easement then
because the language could be specific to certain requirements per exit.
MS, STUDENT-STIRLING: That's correct.
CHAIRMAN STRAIN: Okay, Is the easement available for anybody to read?
MS. STUDENT-STIRLING: It's in the public records of-,-
CHAIRMAN STRAIN: Okay. And I guess no one thought it was necessary to read it before
today's meeting, Okay, At the same time that easement has to be transversed, There was a comment in
one of the conditions provided in the backup paperwork we have. (As read): In as much as the applicant
will require permission from Collier County to transverse county property to operate its business, Mr,
House is in negotiations with the county solid waste department and staff and the county attorney staff
regarding various options,
If it wasn't you and if you haven't read the easement --
MS, STUDENT-STIRLING: It would be our real estate department.
CHAIRMAN STRAIN: Well, okay, Does the county attorneys' office have a different person that
would have been representing this applicant or dealing with this applicant?
MS. STUDENT-STIRLING: The County Attorneys' Office has a real estate department and an--
attorneys that handle the real estate aspects would be the ones involved in this.
CHAIRMAN STRAIN: Okay, And are they here today to tell us if they worked this out with the
applicant?
MS, STUDENT-STIRLING: I can -- I can check with our -- the appropriate person, One of our
legal -- or, excuse me, one of our real property people is out on maternity leave, but I can check with the
remaining person to see,
CHAIRMAN STRAIN: Commissioner Schiffer.
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MS. WILLIAMS: Yes, Those would be added to those.
CHAIRMAN STRAIN: But isn't the first one you read consistent with No, 16 of yours?
MS, WILLIAMS: My -- you know, the stipulation I have as No, 16 is regarding one specific aspect
ofthe Growth Management Plan, It would be difficult to be consistent with the first one I read that requires
consistency with the Growth Management Plan without also meeting the requirements of 16. Apparent--
you know, we're here today because the applicant feels that that is something that the Board of County
Commissioners could interpret.
CHAIRMAN STRAIN: Okay. But you've got the EAC then by the inclusion of an -- of an issue
that the applicant has already said they cannot do basically is --
MS. WILLIAMS: Well, I believe the applicant says that they can be consistent by providing the
type of easement they've proposed, Staff happens to disagree that that type of easement would qualify to
meet the requirements of the Growth Management Plan. So that's their interpretation,
MS, STUDENT-STIRLING: If! may, as to the other issue, I've been unable to locate our real
property person, And the issue -- I'm involved in the land use issues, And I've been quite aware of this
issue as this petition has been making its way through the process. And the principle -- the statutory
construction and the main principle is what is the intent of permanent conservation easement.
And you have staff here to put on the record their interpretation and what they believe the intent
was because they were intimately involved in the preparation of this language -- preparation and review of
this language in the comprehensive plan, So we have environmental staff here to put on the record what
their -- their understanding of the intent is. And that is -- the cardinal principle of statutory construction is
that the intent controls,
CHAIRMAN STRAIN: Thank you,
MS, MASON: Good morning. For the record, I'm Susan Mason with Environmental Services
Department. And the intent and definition of permanent conservation easement is simply the plain language
for permanent as in forever in perpetuity, not to end, not based on use or anything like that. It was intended
to be permanent.
CHAIRMAN STRAIN: Thank you, Are there any other questions? Mr. Midney.
COMMISSIONER MIDNEY: Yeah, On that permanent and in perpetuity and all that, is that
perhaps the intent being that usually when something is developed, they're putting permanent buildings,
like, houses or, you know, something that would not go away. Whereas, this would be something that
might go away since, you know, as the lawyer for the applicant was saying, they don't want to give a
permanent easement because this use might go away after a certain amount of time and then they would be
stuck having given away this permanent easement.
MS. MASON: No. There wasn't any decision, sir, The change is based on use, Anything that
happens on land could -- is temporary in a geological sense. So subdivisions come and go especially in a
county like this, So the permanent was meant to be permanent in all cases,
COMMISSIONER MIDNEY: How would you respond to the assertion by the landowner's lawyer
that the landowner would be a fool to grant a permanent conservation easement?
MS, MASON: Well, I -- I would disagree with that. They are able to get tax breaks when a
property is put under a permanent conservation easement. They also are not forced into leasing their land
and allowing this conditional use to take place, It's been by their choice, And they've leased this, I would
assume, for a profit. And it's been their -- their voluntary entrance into this contract. And part of the
responsibility is that they provide a permanent conservation easement.
COMMISSIONER MIDNEY: Given the restrictions that are already on this land, what rights
would the landowner actually be relinquishing by doing the permanent conservation easement?
MS, MASON: I don't really believe it would change much in terms of use, It is a -- relatively out
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we're talking about an area that is -- we gave it an average of60 feet. It's 75 to 50 feet wide drivable area
for a quarter of a mile, If you go ahead and park -- park diagonally along that, you may even have a
thousand parking places, parking spaces, parking area. And, you know, 60 to 70 feet wide is wider than
this room by a long shot.
COMMISSIONER ADELSTEIN: I understand that --
MR. BASS: I'm sorry, If you --
CHAIRMAN STRAIN: One at a time,
MR. BASS: But how does he know that.
CHAIRMAN STRAIN: Let Mr. Adelstein finish his questions rather than you finish yours,
COMMISSIONER ADELSTEIN: A big -- maybe you have done a lot of these. I don't know, I do
know that almost every single PUD, or any areas we get from the public, stipulates parking availability on
that project, not by how many feet or yards it is, how much parking there is, It's in every single PUD we
put down, I'm trying to make this come out exactly the same way, We're told -- we're respecting your idea,
What we need is how many parking spaces are available in there in order to you -- to say you have adequate
parking.
MR, BASS: Well, here's -- here's the problem, You know -- you know, we don't want to and the
staff doesn't want us to, you know, pave it and mark offparking spaces.
COMMISSIONER ADELSTEIN: I'm not asking you to pave it. I'm asking you to give us a
number of actual parking spaces, not a guess.
MR. BASS: Well, okay, I can just tell you from -- from my own personal knowledge, you can get
at least 500 cars in there minimum,
CHAIRMAN STRAIN: Are you a land planner, sir?
MR, BASS: Sir?
CHAIRMAN STRAIN: Are you a land planner--
MR. BASS: No, sir. But I can --
CHAIRMAN STRAIN: -- an engineer?
MR. BASS: But I can measure. In my mind, you've got a quarter of a mile 60 feet wide, 50 feet
wide for a quarter of a mile, I'll bet anybody any amount of money you can get 500 cars in there on a
diagonal.
MR. BELLOWS: For the record, Ray Bellows, Let me clarify the issue a little bit for us, The
petitioner has submitted a conceptual site plan as you see on the visualizer, That is the parking he is asking
for with this conditional use.
CHAIRMAN STRAIN: Right.
MR. BELLOWS: He has not demonstrated any other overflow parking, He has not labeled
anything on the master -- on the conceptual site plan as overflow -- overflow parking, This is the only
parking he's entitled to, Ifhe wants more, then he'll have to come back and amend the conditional use. Or
ifhe knows right now he wants more, then I suggest he continue, revise the plan and show the parking,
CHAIRMAN STRAIN: And I think that's the--
COMMISSIONER ADELSTEIN: I'm not trying to stop him. I really want to see it go forward, but
it's got to go forward as far as I'm concerned knowing the adequacy of parking on this project.
MR. MURRAY: Does it need to be shown on a site plan?
COMMISSIONER SCHIFFER: Of course.
MR, MURRAY: See it on a conceptual plan or can it be in a condition because I remember having
a discussion back -- it's been over a year ago -- about overflow parking, The idea here was, like you -- Mr.
Bass said, not to pave over but for illustrative purposes to show where there would be handicap parking, an
the immediate need. The overflow was to be down the road. There's a possibility of -- at Mr. House's
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have stipulations that indicate you could have up to 120 people using the site, You don't have any
knowledgeable way that you can show us that's approved by staff and signed offby the county, because it's
their easement, that you can accommodate the parking, And we can't sit here today and create a new plan,
So that I think is the bigger issue for you to resolve. And if you want to go forward today as it stands now
and we take a vote, that's fine, Or you can have the option of continuing this and trying to straighten out
your problems and come back at some time in the future and not lose the time you've gotten through to get
to here today so...
MR. BASS: Well, I don't know how we get -- I don't know how we get the county to sign off on
something they don't like to begin with. So, I mean, why would they do that? And -- and there's no legal
requirement that they do that. They -- the county has an easement as long as we don't overburden that and
that would be a dispute between two -- two private entities or separate entities over the -- over the use of
property, That's really not something for the P AB to consider. I mean, you can't -- you can't consider every
possible dispute that can arise, And that -- that has -- that has a whole separate issue, I say that with all due
respect.
COMMISSIONER MURRAY: We were -- we were advised by --
CHAIRMAN STRAIN: Mr, Murray, Lindy had asked to speak and then--
COMMISSIONER MURRAY: I'm sorry.
CHAIRMAN STRAIN: -- and then Mr, Schiffer and then you.
COMMISSIONER MURRAY: You're right.
COMMISSIONER ADELSTEIN: Basically, you've heard my argument and you're giving me an
argument back, but I'm going to be doing -- I'm doing the voting.
MR, BASS: Right.
COMMISSIONER ADELSTEIN: I'm asking -- I'm saying to you, it would seem to me logical that
you can give us a number of spaces when -- which you actually can develop -- to show you could have or
you can provide. I'm saying to you -- I would recommend to you that we have this thing postponed to
another date until you can give us that information and then get a vote that might be better than what you
might get today,
MR, BASS: Well, I understand that.
CHAIRMAN STRAIN: Okay. Mr. Schiffer,
COMMISSIONER SCHIFFER: Yeah. My question is: You made the presentation to the EAC and
they were never made aware of the fact that you could place hundreds of cars on impervious parking as part
of this project?
MR. MURRAY: Well, it never became an issue, It's not an issue with staffbefore, And I
understand that originally there was a plan or a sketch submitted, I'm sorry, I -- that was before I was
involved with this, that showed where the parking would be along the road, So that may be why staff has
not had an issue with it all along. But that didn't come up at the EAC at all.
COMMISSIONER SCHIFFER: Okay, But you never made them aware, Oh, by the way, if we
have any overflow issues, we'll be parking all up and down this road which is an impervious surface?
MR, MURRAY: I don't remember if that came up; but if it did, we would have responded in the
same way,
CHAIRMAN STRAIN: Thank you. Mr. Murray,
COMMISSIONER MURRAY: That's all right. I think it was answered by those who asked the
questions.
COMMISSIONER MIDNEY: I have a question.
CHAIRMAN STRAIN: Mr. Midney.
COMMISSIONER MIDNEY: Would the landowner be -- would the landowner object to a
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Mr, Murray,
COMMISSIONER MURRAY: And one other thought, the conceptual site plan according to Mr,
Bellow's, you need to have that demonstrated on your conceptual site plan. So you need to pay attention to
that aspect of it and I would bring in your measurements it would seem to me.
CHAIRMAN STRAIN: There's been a motion made and seconded, Any further discussion?
Ms. Caron.
COMMISSIONER CARON: Yes. I'd just like to say, we haven't spent a whole lot oftime here on
the GMP issue; however, I think you need to spend a lot more time with the County Attorneys' Office and
try to work out some sort of permanent easement. If that runs with the conditional use, come back and let
them say that that will then follow our GMP.
CHAIRMAN STRAIN: Okay, With that we'll call for the vote. All those in favor of the
continuance signify by saying aye,
COMMISSIONER SCHIFFER: Aye,
COMMISSIONER MIDNEY: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye,
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Anybodyopposed?
(No response,)
CHAIRMAN STRAIN: Motion carries, The project is continued.
We'll take a 15-minute break or at least till 10:30 by that clock.
(Short recess was taken,)
CHAIRMAN STRAIN: The clock says 10:30, ladies and gentlemen. I don't want to be accused for
delaying permitting in Collier County. So we will start exactly at 10:30,
Okay. The next item for review today is Petition PUDZ-A-2004-AR-5431, Naples Gateway Land
Trust represented by Robert Duane, also known as the Cambridge Square PUD, That's not Robert Duane
also known as that, but the project is,
All those wishing to testify on behalf please rise and raise your right hand to be sworn in by Ms,
Ford,
(Speakers were duly sworn,)
CHAIRMAN STRAIN: Okay. Disclosures,
(No response.)
CHAIRMAN STRAIN: I guess I'm the only one, I talked to the applicant, Mr. Gates. I talked to
Mr. Hayes, I talked to Mr, Readie. I talked to the gentleman who did their TIS and to Mr. Anderson. So I
think I've have had quite a few conversations. That's all, And all about mostly traffic, a couple use issues
within the PUD that we'll discuss today, That's all.
Bob, it's all yours.
MR. DUANE: Yes. Good morning -- morning, For the record, Robert Duane from Hole, Montes
& Associates. I do have Bruce Anderson with me, Todd Gates and Rob Price from the Metro Group this
morning. My presentation will be relatively brief.
It's a two-part presentation this morning, I'm going to make a few introductory remarks, and then
Todd Gates is going to follow me and describe the project a little further. And if we could keep the
continuity of our presentation and answer questions at the end of it, I would appreciate it. I'm passing out
to you an 8-by-ll aerial photo, a 8-by-11 master plan and some proposed renderings of the project that
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yogurt shops, things like that. Banks kept coming up,
What I also heard was that (A) they did not want access to Livingston Road which, again, we
withdrew that after we heard some issues. I was concerned that they were seeing -- they were not seeing
the entire picture, because that gave the access to the neighborhood that I thought was important to the
neighborhood. But, again, I don't live there and they did and they wanted it out, so we agreed to take it out.
As far as the -- the uses that -- that they were concerned with and we were also concerned with is
that it's not meant for a big box, It's not meant for a Wal-Mart or Sam's or Home Depot or Lowe's, It's
meant as a neighborhood shopping center that supports the infrastructure that's needed in the neighborhood,
and that's really the intent. Architecturally we take a lot of pride in our projects, We've been here for
many, many years and each project we think gets better. We hope, We wanted this to feel more like a
-- a Livingston Woods neighborhood shopping village, if you will. We did not want it to feel like a strip
center, We did not want it to feel like a big box, Architecturally you can see -- and I know Brad's looking
at the elevations now. That scares me.
But anyway, we -- we've got some stone facades on it. We want it to feel very woods-y, hence,
Livingston Woods name, We went with a motif that we thought would be very fitting for the neighborhood
and be an asset for the neighborhood,
So with that I'll stop talking and entertain any questions, I guess, or wait for staff report, I guess.
Thank you,
CHAIRMAN STRAIN: We're going to have questions of the applicant. Before we do, I'd first like
to get these items moved into record, For the record, we have two pages of architectural renderings that
were handed to us today, One page, that's an aerial showing existing conditions on site as of the date of the
aerial. Another page is a colored site plan basically in gray, green and orange. And a last page is a
commitment for affordable housing contribution $0.50 a square foot.
COMMISSIONER ADELSTEIN: So moved,
CHAIRMAN STRAIN: And there's a motion made to move that into evidence. Is there a second?
COMMISSIONER SCHIFFER: I'll second but add there was also an aerial photograph,
CHAIRMAN STRAIN: That's what I did. I said that.
COMMISSIONER SCHIFFER: Oh, okay,
CHAIRMAN STRAIN: Seconded, So seconded by Mr, Schiffer, Any discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor?
COMMISSIONER SCHIFFER: Aye,
COMMISSIONER MIDNEY: Aye,
COMMISSIONER CARON: Aye,
CHAIRMAN STRAIN: Aye,
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye,
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Thank you,
We normally ask questions of the applicant at this point unless the Planning Commission wishes
differently. I have questions. Brad, do you have questions?
COMMISSIONER SCHIFFER: But what did you have in mind with differently?
CHAIRMAN STRAIN: Well, ifno one's got any questions, we go on to staff; but I assume you-all
had questions ofthe applicant before we go too far so...
COMMISSIONER SCHIFFER: It is a nice looking development and everything; but just in case
you sold it or something like that, there is a clause in here and it's page 21 of the PUD, it says there is no
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COMMISSIONER SCHIFFER: So what is the square footage as shown on these documents on
Tract B?
MR, GATES: I can -- I can answer that. The conceptual layout that you're looking at, and that's
exactly what you're looking at, the little retail neighborhood center is approximately 36,000 square feet,
Brad,
COMMISSIONER SCHIFFER: That's Building D,
MR, GATES: That would be the long building that's parallel to Pine Ridge, The four outparcels
are meant to be for conceptual purposes only, medical buildings, banks, office buildings, maybe a
restaurant, that type of use is the intent.
Now, we don't know at this time how big each one ofthose building will be. In fact, we've been
contacted by a medical group that wants to buy two outparcels and have one larger building as opposed to
two smaller buildings. So that -- that's the intent.
COMMISSIONER SCHIFFER: And my concern is then on the exhibits there is a disclaimer such
that you can change the roadway. You can change all the layouts on it. So this is, again, a conceptual plan
is how do we protect somebody buying this from you. I mean, there is offers that you can't refuse and that's
putting a big box on that, an 80,000 square foot box.
MR. DUANE: Well, the comprehensive plan amendment allowed us 80,000 square feet of office
or retail. Ifwe were to change this plan where the outparcels appeared and we came back with 100,000
foot box, then that would require another public hearing, It would be at the very least an insubstantial if not
-- if not a substantial change to the PUD master plan, It would come back before the Planning
Commission, It would go back before the board. And we've made representations today to you that that is
not what we have put on the table. We've tried to be as specific as we can with our plans, In fact, more
specific with our renderings and the commitments that we're making today than I think some other
applicants that appear before you. And I -- I've tried to answer your question,
CHAIRMAN STRAIN: Bob, I think we can -- we can probably short this by what Todd just said.
Ifwe stipulate, should this go forward, that the maximum square footage of any single use would not
exceed 15,000 square feet or 25,000 square feet if it's a food -- a food store. It doesn't say building. That's a
single use, So if you have a building that's 35,000 square feet, you can break it up into 15,000 segments or
less, but if you -- if it's a food store, it could be 25,000. That seems to meet the intent of what Todd
indicated was going to be happening.
MR. GATES: Yes, sir, that's correct. Yeah. Let me ask you this just for my own clarification.
And excuse my ignorance, If I have a medical person that would like to combine two outparcels, that it
may be one building, is 20,000 square feet, am I excluding that doing this now?
CHAIRMAN STRAIN: Well, in that language it probably would unless -- and, Ray, ifthat's the
case --
MR. GATES: Because I don't want to --
CHAIRMAN STRAIN: -- that's shown here today on this site plan, if they were to be combined
into one instead of four or three, is that going to be another PUD amendment?
MR. BELLOWS: Not necessarily, There's language in the PUD document and in the LDC that
allows for minor changes in the master plan as long as it doesn't substantially increase the intensity ofthe
use, Your combining an outparcel wouldn't be a problem as long as the overall square footage remained
the same,
CHAIRMAN STRAIN: Well, if we limit -- if we reference the square footage to retail commercial
use, that would eliminate the restriction on office use?
MR, GATES: I'm sorry. Mark was talking.
CHAIRMAN STRAIN: Maximum square footage of any single, retail or commercial use is limited
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with an 80,000 square foot building, he would have to come back before no boards based on the
disclaimers and the exhibits; correct?
CHAIRMAN STRAIN: Correct.
MR, GATES: Can I maybe make a recommendation maybe as a happy medium? We could put a
cap on any use not to exceed 25,000 square feet across the board retail. And I think that would cover -- and
if you want to add in the language hardware not to exceed 15, that's okay too, But -- but I think that would
exclude any large big box single user that we're trying to -- that we're all trying to achieve.
COMMISSIONER SCHIFFER: Could you -- when you say use, could you add the word "use" or
"tenant"?
MR. GATES: Sure, yeah,
COMMISSIONER SCHIFFER: That way because --
MR, GATES: Retail, that's correct.
COMMISSIONER SCHIFFER: We can trick around all that other stuff,
MR, GATES: And the fact ofthe matter, I guess you're right, it could change, But right now we've
only got a 36,000 square foot building, We're not going to lease the entire building to one tenant. There'll
be at least seven or eight or nine tenants in there, so maybe that would work for everybody,
COMMISSIONER SCHIFFER: One thing understand all the -- this is a beautiful project. All
these conversations are based on a conversation with somebody who bought this land before you,
MR, GATES: I understand,
COMMISSIONER SCHIFFER: It's nothing to do with you,
MR, GATES: I understand.
CHAIRMAN STRAIN: Along the lines of what Brad just said, though, concerning the size of the
building, what would then be the largest building that you would limit yourselfto on the property since
you're not going --
MR, GATES: For retail and office?
CHAIRMAN STRAIN: Just retail. Well, I guess it would be retail and office both.
COMMISSIONER ADELSTEIN: Yes.
CHAIRMAN STRAIN: Yeah,
MR. GATES: I couldn't answer that right now. I don't have the -- I don't know who the users will
be.
COMMISSIONER SCHIFFER: And, Mark, to complicate it, I can build one mass, subdivide it
and have it essentially be two buildings too. So I think what we'd say free-standing building,
MR, GATES: Yeah. We've built -- we've designed and built a lot of buildings that maybe are
60,000 square feet but they look like 10 little 6,000 square foot buildings, but they're connected so...
CHAIRMAN STRAIN: Well, Brad, is that issue concerning a large single building--
COMMISSIONER SCHIFFER: Again, you know, I just wouldn't want -- the way the PUD's
written right now, they could put in an 80,000 square foot retail building.
CHAIRMAN STRAIN: Right.
COMMISSIONER SCHIFFER: I think we've touched it.
CHAIRMAN STRAIN: Okay,
COMMISSIONER SCHIFFER: I did have more questions. Can I go?
CHAIRMAN STRAIN: Yeah. Go ahead right ahead.
COMMISSIONER SCHIFFER: There's no pedestrian access to the neighborhood. Is that because
the neighborhood didn't want it or--
MR, GATES: I had wanted access to the neighborhood. The neighborhood did not want it.
COMMISSIONER SCHIFFER: Okay. So, in other words, ifthey're going to come visit the
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(No response,)
CHAIRMAN STRAIN: Okay, Well, I've got some PUD questions, Bob, so let's go through them
with you. Do you know that your TIS -- and I brought this up in my meetings with Todd -- the TIS asked
for 78,400 square feet. Your PUD reference is 80,000 square feet. Which is it you're asking for today?
MR. DUANE: Eighty thousand square feet.
CHAIRMAN STRAIN: I knew you were going to say that, but I wanted to make sure I understood
it.
Your landscaping and buffering on page 8, Section 4,17, it talks about the development of the
CPUD master plan shall be subject to Section 406 of the LDC, And then it goes to list a variety of
landscape buffers, My question is to, I guess, more either to you or Ray, if you're consistent with the LDC
for the buffering, why are you listing all these buffer requirements separately in your PUD? Because if you
are listing them separately and they are deviations from the Land Development Code, I think they have to
be noted as such and separately addressed by staff,
MR. DUANE: My understanding is that these exceed the requirements of Section 406, And I
didn't contemplate these being deviations. I understand your point. You know, there are a number of
procedural requirements and landscaping requirements contained in Section 406 that we've not, you know,
regurgitated here. Perhaps there's a better way to word it, but we're generally going to meet the requirement
of 406 with the exception of where we've incorporated in some, you know, more site-specific requirements.
CHAIRMAN STRAIN: Okay, When staff gets up here, then I'll find out from them ifthere's an
issue with that. In your Section 5, you talk about description ofproject and proposed land uses.
MR. DUANE: What page, Commissioner?
CHAIRMAN STRAIN: Page 11.
MR, DUANE: Okay,
CHAIRMAN DUANE: I find a couple of different references to your square footage. In the staff
report it talks about 80,000 retail square feet or just square feet. It says actually in the statement of
compliance, I'm sorry, on page 1 of your PUD it says, Up to 80,000 square feet of retail or office uses on
Tract B. But on page 11 it says, on Tract B the maximum development intensity is 80,000 square feet of
gross leasable retail or office area,
Now, gross leasable to me is quite a bit different than square foot of retail or office area, because
you remove all the common areas, the patios and all the footprint basically of the building that's not
leasable. And I'm wondering from a perspective ofthe county attorney, what it is we're talking about
here and which one is --
MR. DUANE: That's something I was going to answer. The comprehensive plan says 80,000
square feet of gross leasable area.
CHAIRMAN STRAIN: It says gross leasable?
MR. DUANE: Yes, it does,
CHAIRMAN STRAIN: So then the staffreport or the rest of this document needs to be consistent
to read gross leasable square feet. So, in essence, you can be greater than 80,000 square in your building
because you've still got add in the common areas for all the leasable square feet.
In the neighborhood impact -- neighborhood informational meeting, and I believe I spoke to Todd
about this, the -- the people that attended it, the comment that's in the staff report says (as read): A concern
was also raised concerning proposed allowable uses specifically auto and home supply stores and
automotive services except to repair, Todd Gates, developer of the project, gave an overview of the gross
uses saying that he anticipated a bank building with retail shops and office uses.
Now, I went through your SIC code references and you still have in there auto and home supply
stores, automotive services except repair and hardware stores. Well, I'm sorry, not the hardware stores, but
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Bob,
Under your application for public hearings, the name and address and office, you talked about C &
R Realty of Richmond, Inc., is the owner 100 percent of the stock? Then you broke it down, Ron
Schlemmer as president, 88.3 percent, Deanna Dodge is something at 5.85 percent. Those two do not add
up to 100 percent. Who are the remaining stockholders of that company?
MR. DUANE: You are on -- and I'm going to ask my client to address that.
MR, GATES: Mr. Schlemmer's our partner at Gates McVey,
CHAIRMAN STRAIN: Okay, But you got to -- we have to -- we have to know the officers and
stockholders and their percentage of stock owned by each. So you've got 100 percent of the main company,
but the stockholders so far don't add up to 100 percent so...
MR, GATES: What's the -- I don't have that in front of me,
CHAIRMAN STRAIN: The balance is about 6 percent. You have two partners, 88.3 for Mr,
Schlemmer, 5,85 for Deanna Dodge, You add those two together you're 94,5 or so percent and you're a
little bit shy of your 100 percent. So someone else is in the mix or maybe--
MR. GATES: Yeah. The balance would be the four partners of Gates McVey which are 25, 25,
25,25 --
CHAIRMAN STRAIN: Who are they -- under a specific --
MR. GATES: -- under a specific partnership,
CHAIRMAN STRAIN: We'll have to know who they are,
MR, GATES: I can list -- do you want the legal names or the names ofthe people?
CHAIRMAN STRAIN: Names of the individuals I believe is all that's -- what is required, Margie?
MS. STUDENT-STIRLING: Well, it would be the names ofthe individuals or if it's a legal entity,
whoever the shareholder is,
MR, GATES: I can give you both, I mean, I know them both if you would like.
COMMISSIONER ADELSTEIN: Go ahead,
CHAIRMAN STRAIN: Could you just state them for the record so that it's covered?
MR, GATES: Yes, sir, certainly. It's Gates Holdings which is Todd Gates. It is Steve Robison
Holdings which is Steve Robison, It is Crawford of Florida which is Richard Crawford, Again, I may not
be technically LLC correct here, So I need Marjorie's help on this. And then they'll be REDICO which is
owned by the So snick Company out of Detroit, Michigan,
CHAIRMAN STRAIN: Okay, Between now and the BCC, could you supply that information --
MR, GATES: Sure.
CHAIRMAN STRAIN: -- to staff so --
MR, GATES: No problem at all, I can even do a board chart if you like, If graphically it would
make more sense for you.
CHAIRMAN STRAIN: Well, whatever -- whatever legally is required,
MR, GATES: Okay.
CHAIRMAN STRAIN: That's all I'm concerned about.
And then that's the only questions I have until we get into staff and to transportation.
Transportation's going to be a little intense so --
COMMISSIONER ADELSTEIN: Just a little,
MR, ANDERSON: Excuse me, My name is Bruce Anderson, for the record, I just wanted to note,
you may not have the most current disclosure information because all that information is part ofthis packet.
CHAIRMAN STRAIN: Okay. Well, I don't -- okay, Thank you, Bruce, I don't -- I went through it
and didn't find it, but --
COMMISSIONER MURRAY: I don't have it either.
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And also let me turn to the other page where it's already in there, but it would be my page 19 and
that would be permitted uses and development standards for Tract B under the accessory uses, It just has
general language about central services and facilities, The broadness of that has raised issues in past PUDs,
so we'd just like it spelled out what those essential services might be,
CHAIRMAN STRAIN: Well, I'm assuming that's something staff can do between now and the
BCC meeting,
MS. STUDENT-STIRLING: Yeah. That appears -- also that appears, I think, in two places, So
wherever that appears we would need to have that spelled out as an accessory use.
CHAIRMAN STRAIN: Margie, items like this are pretty pure housekeeping issues.
MS, STUDENT-STIRLING: Yes, they are, but I just wanted to--
CHAIRMAN STRAIN: Is this the first time you've read this PUD?
MS. STUDENT-STIRLING: I read the PUD before the meeting, but I wanted to put it on the
record.
CHAIRMAN STRAIN: Did you read it before staff did the report?
MS. STUDENT -STIRLING: I read one iteration before staff did the report,
CHAIRMAN STRAIN: It would be nice if we could clean up the things that are absolutely known
to your department and others before staff wrote the report so from here on out we wouldn't have to be
doing this at a public meeting,
Anything else that you have, Heidi?
MS. WILLIAMS: Nope. If you have any questions--
CHAIRMAN STRAIN: No, I think mine are going to end up being with transportation then.
Commissioner Midney, I think, he just indicated he's got questions here too, but anybody else?
(No response,)
CHAIRMAN STRAIN: Thank you, Mr. Scott, welcome again.
MR. SCOTT: Good morning.
CHAIRMAN STRAIN: We've talked, I know, about traffic impact studies, and this one in
particular will be two years old next month,
MR, SCOTT: That's right.
CHAIRMAN STRAIN: And it reference statistics that are -- been replaced by more recent
statistics --
MR, SCOTT: Recent ones.
CHAIRMAN STRAIN: -- for that area.
MR. SCOTT: Right.
CHAIRMAN STRAIN: It references a 203 AUIR and we have data from a 205 AUIR, I also was
-- received some supplemental information at my request from the applicant's transportation expert, I pass
that on to you, I will-- I have questions about that. And then I have questions about other specifics within
the TIS just to get on record and get those answers.
In response to what I gave you, you know, as the most recent documents from the applicant, what
are your thoughts in regards to that update for TIS and how consistent is it with today's traffic issues on
those road links?
MR, SCOTT: Okay, The -- the -- back a little bit up. The newest AUIR, though not adopted by
you or the BCC at this point, shows 59 remaining trips on that segment. I think the analysis previously was
two -- 212, something like that, obviously change in traffic count and some other issues like that. I don't
believe you guys got your copy yet, probably next week is my guess or previous to the meeting,
Based on even bank trips or if it was, say, at a site plan right now -- if this was at a site plan level
right now, it would not meet -- it would be -- it would have to wait essentially until-- the bigger
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you're not going to get a CO prior to that interchange opening on Golden Gate Parkway,
That's all I was asking,
MR. GATES: That will be fine.
CHAIRMAN STRAIN: Thank you.
Now, Mr, Scott, we'll go back to your questions, Generically, TISs, when we have one that's two
years old -- and I know this one's more or less been updated as we've talked here today -- is there anyway
that your department can require TISs to be more timely in regards to when they hit this panel?
MR. SCOTT: Yeah, We have TIS guidelines that we can revise, and we've actually discussed this
internally too in the sense that based on what happened at the last meeting and even discussion at this
meeting, And as things evolve, that almost the concurrency side of it should be the last, you know,
statement. Has it changed since you originally looked at it? I believe that's something that we probably
should bring to you and the board as updated TIS guidelines. I don't know,
Some ofthe thought is within six months, I don't know how reasonable that is, I've had discussion
with some outside, you know, it's -- a lot of it's done by consultant from the other side that they're looking
at maybe doing two: essentially one at the beginning of the project and one right near the end, When
they're coming to you, that you have something that's fairly new. So that's something I think we probably
need to discuss as a -- as the guidelines itself. There's other changes that I'd like to make to the guidelines
anyway too.
CHAIRMAN STRAIN: Well, we're hitting this issue every week, so I would appreciate it if you
could --
MR. SCOTT: If you would like, we will bring copies to the next meeting; and if you want to talk
about it at that point or I can get maybe copies to you ahead of time and then you'd see it at the next
meeting or --
CHAIRMAN STRAIN: In this particular TIS, they reference the worse case trip generation
scenario, Now, I think the issue's been resolved by the concession that Mr, Gates just made in regards to
CO's, But just for your department's review, when they say worse case trip generation scenario and use a
shopping center equation 820 instead of the worse case scenario which is a stand-alone food store or a gas
station or a convenience store -- well, they haven't got a convenience store right I don't believe, but they've
got food store rights and gasoline store rights. Those equations are much, much higher.
MR. SCOTT: Right.
CHAIRMAN STRAIN: Higher is the actual worse case scenario, In fact, a combination of a
food store and a quality restaurant and a gas station on this site, all of which could be put in, would be a
much worse case scenario than a shopping center designation,
MR, SCOTT: Yeah, As pure trips, but on the opposite side of that, there is pass-by that it's
assumed that certain things -- if it's a gas station, your pass-by is going to be higher. So there are --
obviously, when you're doing a site plan and this is one of the issues, we know exactly what's going in and
those trips are then calculated for the concurrency system based on exactly what's going in, not what could
go in. But, yes, you can have scenarios that could make things worse or it could be better depending on
pass-by, other issues like that.
CHAIRMAN STRAIN: Well, I -- I did look at a PowerPoint presentation presented by the DOT to
the University of South Florida, And they talked about pass-by trip generation there, And they
indicated, for example, that you shouldn't exceed 10 percent of the trip per generation rates on the roadway
that you're fronting or 25 percent of the -- I think it was external rates generated by the project. And they
gave you an idea of where you would normally expect pass-by traffic. The highest got into facilities like
this somewhere between 30 and 35, They're at 41,8, Did your department accept 41.8?
MR. SCOTT: I believe by the review from my staff at that time, yes, they did accept it. I -- you are
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from an area of -- and we've had this discussion about Golden Gate Estates -- if you put a gas station out
there, would someone come from Naples just to go out to there, no, So that pass-by could be huge in that
respect.
So it also means what is in the area that -- for services and how might that change that. So that's
why doing it at this level where you don't know exactly what it is. It's hard to figure that out and that could
be considered high. And that's why the site plan -- I mean, for concurrency purposes, they're still subject to
what they're exactly building at that time and all of the things I've talked about have happened. Golden
Gate Parkway opened. Now, if Golden Gate Parkway opens up and none of those trips come down to it,
then, you know, you're tough out ofluck. I mean, because--
COMMISSIONER ADELSTEIN: Most people tend to shop at places they want to go to or used to
go, You get gas, most people go to the same places to get them. Anything this high at 41 percent is as far
as I'm concerned almost impractical. I mean, it doesn't make any sense that close to 50 percent of the
people are coming in just by happenstance,
MR, SCOTT: Well, understand too that there's a difference between if you're looking at it from a
daily trip versus peak hours, Is someone going to go there versus -- in the peak. And we're concerned with
peak hour, you might have higher -- you might have circumstances that people -- it's -- it's less during
nonpeak, but higher during peak hour.
COMMISSIONER ADELSTEIN: But the answer is still the same. You've got 5,800 and all of a
sudden you're saying these peak hours come. And I find that to be almost unbelievable,
MR. SCOTT: It's high.
COMMISSIONER ADELSTEIN: I think it is. I think the figures are wrong, Thank you,
CHAIRMAN STRAIN: Any other questions ofMr. Scott?
(No response.)
CHAIRMAN STRAIN: Don, I have one more. Table 2-A, which I know you don't have in front of
you, but I just want to ask you about it. They have an annual rate of growth that they use to calculate the
trip generations for projections as to when they're going to hit the road, They used 5,7 percent as the
assumed rate of growth based on the Livingston Road -- on Livingston Road based on Collier County
Traffic Count Report. I just want to make sure in the future if I ask if you verified that, that someone will
tell me they have it.
MR, SCOTT: That -- that's -- Livingston has them. There's not a long history there, but obviously
we do year by year. You can look and see what the growth is providing.
CHAIRMAN STRAIN: That's all I have, Don, Thank you,
Any other questions of staff, the applicant, Mr. Scott?
(No response,)
CHAIRMAN STRAIN: Okay. Are there any public speakers, Ray?
MR. BELLOWS: No one has registered,
CHAIRMAN STRAIN: Are you sure? There was a gentleman that came up to me and asked me
who to give the slip to.
MR. BELLOWS: Sorry.
CHAIRMAN STRAIN: I said ifhe gives it to Ray, Ray will never -- never miss it.
MR. BELLOWS: Sorry, We do have one, Robert Morgan, Sorry about that.
MR. MORGAN: That's all right. My name's Robert Morgan for the record. I live in Livingston
Woods at 6960 Bottlebrush Lane. Some other people -- some of my neighbors wanted to come, but they
were unable to so they said, Hey, can you voice our opinions, but I'll just speak on behalf of myself since I
don't care to state who they are.
Also, let you know, I am involved in commercial development and am a commercial realtor here in
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MR, MORGAN: Any questions?
COMMISSIONER SCHIFFER: I do,
MR, MORGAN: Yes, sir.
COMMISSIONER SCHIFFER: What's your thoughts on a pedestrianlbicycle path in the back of
this thing?
MR. MORGAN: I -- I wouldn't see it being a problem. From the people I talk to in the
neighborhood, it's the vehicular traffic that they're worried about. And you know they were going to put in,
I think it was an egress lane, well, no one's going to be there to police the egress -- ingress, egress. People
would go back and forth and we'd have delivery trucks, so that was what we were concerned about,
delivery trucks and people either doing vandalism or crime in the neighborhood and then using this as an
escape route,
So ifit's a bicycle or a walk path, Todd and them want to put it in, fine. But I'm assuming that -- I
mean, that center it's only 35,000 square feet. You're thinking about only, what, maybe -- what's the whole
width ofthe lot, maybe 300, 400, 500 yards? No, 500 feet? People could walk that to the sidewalk that's
over there that will be going along Livingston Road is what I assumed, And then you could just come right
in I would assume, Maybe they could have a sidewalk that goes out to the main county sidewalk.
CHAIRMAN STRAIN: Thank you.
MR, MORGAN: Cause -- because people do bicycle a lot in the neighborhood so that's why I
would assume those people would go, Because if you walked from any of the homes besides the ones right
behind there, you'd have on average probably more than a mile to walk.
Any questions?
CHAIRMAN STRAIN: No. Thank you. Thank you very much,
MR, MORGAN: Thank you,
CHAIRMAN STRAIN: Okay, Ray, are there any other public speakers?
MR, BELLOWS: I only have the one.
CHAIRMAN STRAIN: Okay. Well, with that then we'll close the public hearing and we'll
entertain a motion,
COMMISSIONER ADELSTEIN: I move that AR-543 1 be forwarded to the Board of County
Commissioners with recommendation of approval subject to staff recommendations and the
recommendation of the County Planning,
COMMISSIONER MURRAY: Second,
CHAIRMAN STRAIN: Motion's been made by Commissioner Adelstein. Sectioned by --
seconded by Commissioner Murray,
Other discussion? I have a list of stipulations, If you want, 1'11 read them,
COMMISSIONER MURRAY: I'd like to hear them,
COMMISSIONER ADELSTEIN: Yes,
CHAIRMAN STRAIN: There are -- first of all, I didn't see any staff recommendations so I don't
know of any we're endorsing.
The first stipulation would be a maximum square footage of any single retail use or tenant not to
exceed 25,000 square feet. And, additionally, a hardware store would be limited to 15,000 square feet.
Number two, we'll accept the affordable housing contribution at $0.50 a square foot and approval of
the SDP as noted in their submittal to us. That's -- that's been accepted as an exhibit.
Number three, within the language of their PUD, we'll be deleting Items 3 and 4 under Section 8.2.
We will add a deviation section to explain Item 10.1 H, We will add language as requested by the county
attorney for under Section 10,lB in discussion of the dedication and conveyance ofthe loop road, And also
pursuant to the county attorney's request, we'll add language to Section 8.2 regarding specifics for essential
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COMMISSIONER MURRAY: While it may be a smart growth principle, if the neighborhood
doesn't want it that strongly, then I can't -- I see no reason to make --
MR, ANDERSON: I'm just afraid that putting it in will guarantee, you know, a half a room full of
people at the -- at the board hearing to complain about the pedestrian access.
CHAIRMAN STRAIN: That means it gets possibly pulled off the consent agenda if it's headed that
way to begin with, That would really be a problem. I understand,
COMMISSIONER MURRAY: I certainly don't want --
COMMISSIONER ADELSTEIN: I accept that change.
CHAIRMAN STRAIN: You accept the change not to have the -- well, it wasn't added in the first
place, We were discussing. So we're not going to have any language in the stipulations regarding the
pedestrian access at this point.
Any other discussion with the board members?
(No response,)
CHAIRMAN STRAIN: Okay. All in favor ofthe motion to approve with those stipulations?
COMMISSIONER SCHIFFER: Aye,
COMMISSIONER MIDNEY: Aye.
COMMISSIONER CARON: Aye,
CHAIRMAN STRAIN: Aye,
COMMISSIONER ADELSTEIN: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER TUFF: Aye,
CHAIRMAN STRAIN: Anybody against?
(No response,)
CHAIRMAN STRAIN: Okay. We're done. Thank you,
We've got a couple small issues to finish up on our agenda and then we can take a lunch break until
one o'clock,
I think, Commissioner Schiffer, you had a -- two items of old business.
COMMISSIONER SCHIFFER: Two items, One is Ray was going to look into the commissioner
training course we took. It's actually in the minutes that we just approved. Ray, did you do anything or do
we know anything or --
MR. BELLOWS: Excuse me. Could you --
COMMISSIONER SCHIFFER: The commissioner, when we took that seminar, the two-day
seminar, we were going to get some sort of certification from that.
MR. BELLOWS: I'll have to check with Joe. I thought Joe was going to handle that. I'll -- I'll find
out what happened with that. That was the seminar?
COMMISSIONER SCHIFFER: Right. And the other thing is that as a planning commissioner
watching the news -- and it's the word "planning" that confuses me a lot here is I see all these people, the
problems, the housing not being able to get help and stuff. Should we be doing something? How come I
feel guilty when I watch the news segment on people who can't even get people to work at the Tasty Cream
or something.
CHAIRMAN STRAIN: If you -- if you read this booklet I had prepared, you might find something
in there by next meeting that you read enough to ask the county attorney if we could do something pursuant
to your reading ofthis document. Because there's a lot oflatitude provided in this book and rules and
regulations for the planning commission that we have not been exercising as pointed out by you, Brad, at
one of our prior meetings.
COMMISSIONER SCHIFFER: I read those and that's why I feel guilty. I think that -- that, you
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COMMISSIONER ADELSTEIN: The idea being that when we have people who three years ago
or four years ago had a meeting and all of a sudden they find out that now it's going forward, nothing's been
told to them, could do some real hardships to them,
COMMISSIONER MURRAY: And the property could be flipped as well.
COMMISSIONER ADELSTEIN: Absolutely,
CHAIRMAN STRAIN: Any further discussion on the request Commissioner Adelstein asked of
staff?
COMMISSIONER SCHIFFER: Just the thing, we might want to look at adding into that also that
-- that after you go before the neighborhood committee meeting, sometimes there's substantial site plan
revisions and things happen, So somewhere it would be nice to see some sort of a threshold where you
may have to go back again if, in fact, you've made changes. Some of the changes may be requested by the
meeting.
CHAIRMAN STRAIN: Well, I -- I think the indication to staff is they need to take a look at the
issue thoroughly and come back with a recommendation to us, And I imagine the BCC's got to recommend
that they would want it changed to begin with, but at least we would initiate the discussion.
MR. BELLOWS: Yes,
CHAIRMAN STRAIN: Okay. A motion's been made and seconded. Is there a motion to -- is
there a -- we'll call for the question,
All those in favor?
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MIDNEY: Aye,
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER ADELSTEIN: Aye,
COMMISSIONER MURRAY: Aye.
COMMISSIONER TUFF: Aye,
CHAIRMAN STRAIN: Anybody object?
(No response.)
CHAIRMAN STRAIN: None. Okay, Motion passes.
COMMISSIONER ADELSTEIN: Thank you,
COMMISSIONER MURRAY: One question, It may be old business. We spoke about going to
Immokalee, and I can't remember when we talked about when we were going to go,
CHAIRMAN STRAIN: When they schedule the review in front of us for the Immokalee Master
Plan review, that group wants to prepresent the project to us.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: And out of courtesy to them and requests pursuant to the documents I
passed out today, you'll see that we can have meetings in Immokalee and we probably should have
meetings that involve that town so...
COMMISSIONER MURRAY: My thing was I couldn't remember when it was supposed to be.
CHAIRMAN STRAIN: They haven't set the date yet.
COMMISSIONER MURRAY: Okay, Thank you.
CHAIRMAN STRAIN: Okay. Is there any public comment?
(No response.)
CHAIRMAN STRAIN: Discussion of addenda? None. We're adjourned.
COMMISSIONER ADELSTEIN: No, We're not.
MR, WHITE: I'd ask if you'd take a recess for lunch.
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MS. F ABACHER: Oh, I'm sorry,
CHAIRMAN STRAIN: I didn't recognize it there.
MS. F ABACHER: I apologize for that. I went numerically by the alphabet.
CHAIRMAN STRAIN: It squeezed in there.
MS. F ABACHER: One of these days when we have time we'll just rearrange the code to be more
reasonable,
CHAIRMAN STRAIN: We did that once, All right. Patrick took care ofthat.
MS. F ABACHER: All right. Sorry. Okay, Essentially all this is doing, and this is Board of
County Commissioners' request, is to make clammed nurseries, which is just a small operation at
somebody's residence, a permitted use in Goodland overlay as opposed to the conditional use that it was,
And quite a bit of comment, they've been waiting for three years I thik to have this done, We went to the
EAC. They thought it was a fabulous idea, The DESAC had no problem with it. Something that we have
kind of promised the residents over there that we would be doing for sometime now.
CHAIRMAN STRAIN: I don't have any questions on the matter. I did call some of the residents
down there that I know and they, like you had said, were looking forward to this being done. Go ahead,
Brad,
COMMISSIONER SCHIFFER: Just a quick question. This is intended to be done on peoples'
property on a small scale?
MS, FABACHER: Yes.
COMMISSIONER SCHIFFER: Then it's number nine -- is that describing something larger in
your backyard, or is this requiring a site development plan, or site improvement plan?
MS, MURRAY: I'm not sure what the concern is,
COMMISSIONER SCHIFFER: In other words, If some guy has a private home and wants to put a
clam nursery in the back, they have to go through an SIP process?
MS. MURRAY: Right.
COMMISSIONER SCHIFFER: What would that cost that person?
MS. MURRAY: It's really dependant on what he needs to do. He's going to have to, you know, an
insurance and application fee.
COMMISSIONER SCHIFFER: I mean, this is like thousands of dollars, right?
MS, MURRAY: Possibly,
COMMISSIONER SCHIFFER: Isn't the intent to let these people, you know, get going easily to
start raising clams on there rather than -- it just seems --
MS. F ABACHER: Isn't there a difference between like a clam farming facility versus someone just
putting something in the raceway in the back of their yard, the waterway there? I think that was put in in
case someone was going to put in a big operation,
MS. MURRAY: You're probably right. Let me look it up in the code. We don't have the whole
thing. I think there's actually a definition between the two, but let me check on that for you,
COMMISSIONER SCHIFFER: So this would be describing a large scale clam --
MS, F ABACHER: Right, right. Obviously, nobody should be charged that kind of money to see
tiny little clams in the ditch, I think that was to protect us against someone starting up a big operation, not
the local small scale individual that we were thinking of.
CHAIRMAN STRAIN: So staffis going to respond to Commission Schiffer at some future date?
MS, MURRAY: No, Let me look while we're talking now, If! can get the answer, fine, if not --
CHAIRMAN STRAIN: Okay, Let's go on and we'll come back and revisit it. Catherine?
MS. F ABACHER: Okay. The next thing would be Michelle's presentation on the latest revision to
Goodland and we do have -- to the Gateway, Golden Gate, I'm sorry, Downtown overlay. Downtown
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COMMISSIONER CARON: Yeah, starting on page 131. I'm going to work from my top thing,
Staff has concerns and have those concerns been addressed?
MS, MOSCA: What we've decided to do -- originally the ADHOC Committee, what they were
proposing was an advisory committee to review plans for set principles. And we have talked to our
administrator, Joe Schmitt, and we've decided not to include that type of advisory committee in the overlay
because it would be, in fact, advisory in nature, and maybe inconsistent with a provision in the Land
Development Code, or a provision that exists in the overlay. So we have not included it, but wanted to
bring it forward to you because the committee had wished for this type of committee to be established.
COMMISSIONER CARON: Okay,
CHAIRMAN STRAIN: I like the position you've taken. I think it's the right one, Land
Development Department ought to be the one to be reviewing land development submittals, Not every
department in the county separately with their own group of people. They have budgets for that. Then we
have a serious problem.
COMMISSIONER CARON: Page 133, in the middle of number one, It says residential dwelling
units constructed in this overlay district are intended for employees who work within Golden Gate City or
Golden Gate Estates, retirees, and seasonal residents,
I would think that you'd want to take out seasonal residents because I think the purpose of this
whole overlay, and that Commissioner Henning and his group have worked towards is, I mean, I know
Commissioner Henning is worried about the flipping ofresidentials. And if you intend to have seasonal
folks -- I mean, if it says here we intend,
MS, MOSCA: If! may, that actually has been stricken through. Perhaps you have --
COMMISSIONER CARON: That's on the new one, All right. I can only go by my --
MS, MOSCA: I apologize. I thought it was on the original that was sent.
COMMISSIONER CARON: Okay.
COMMISSIONER SCHIFFER: While Donna is taking a breath here, how can you control the
intended --
MS, MOSCA: We're not able to control what it is intended for. They have -- the committee has
proposed, I believe it's 1500 square feet per unit. So that would probably preclude your small type of rental
units for that type of development.
Are you referring -- I'm sorry. Are you referring to the types of individuals that are renting, not
renting?
COMMISSIONER SCHIFFER: Well, just -- I mean, you're intending this to be, but you really
have no control over who lives there, at least, by the Fair Housing Act?
MS. MURRAY: I can refer to Patrick.
MR. WHITE: If I may, assistant county attorney, Patrick White. The revised provisions that
were distributed today double strike through all of the text and one that essentially talks about any ofthose
classes of users or occupants and simply go with a lawfully appropriate public purpose, The residential
dwelling units constructed in the overlay public district are intended to promote residence dash business
ownership, I think that's an accurate statement, and certainly, as I said, a lawful public purpose, without
getting over the line into these more discrete classes of potential occupants, which I think was a concern
that both of the commissioners raised, Hopefully that addresses it by striking that text.
COMMISSIONER CARON: Page 136C. Can you exclude any essential service?
CHAIRMAN STRAIN: That page doesn't exist anymore.
COMMISSIONER CARON: Can't go from two different copies. If you've taken that out, tell me
you've taken it out.
MS. MOSCA: It's actually 135C, and under essential services we have an exception.
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COMMISSIONER SCHIFFER: And their building to which is now -- it's now 11, architectural
standards,
MS. MOSCA: Would you mind,just let me--
COMMISSIONER SCHIFFER: 139.
MS, MOSCA: 139?
COMMISSIONER SCHIFFER: Correct.
MS, MOSCA: Thank you.
COMMISSIONER SCHIFFER: We have the architectural standards guru with us, but what it
states is that unless stated otherwise, these would prevail. E sets up something where you're going to have
to break the rooflines at 5,000 feet. So is that to override the roofline requirements of the code?
MS. MOSCA: Yes, The LDC requires roofline changes every 100 feet.
COMMISSIONER SCHIFFER: Okay. Give me a second to go between them. Okay, That's fine,
I'll pass. Okay,
CHAIRMAN STRAIN: Any other questions? Michelle, I appreciate it. I had a quite a few and
pursuant to our discussion, the yellow highlights on this revision seem to take care of most all of them, I
did have a couple left that I know we talked about. You may not have been able to do anything about it
because its transportation problems.
MS. MOSCA: Yeah.
CHAIRMAN STRAIN: And I know you know what they are and I'll share them with the
commission as soon as Don Scott wouldn't mind corning up and we can talk about Golden Gate Parkway's
right of way. Hi, Don.
MR, SCOTT: Hi. Don Scott, transportation planning.
CHAIRMAN STRAIN: There are two issues in here that, when I read this a couple nights ago, I
was concerned about the relationship to other projects we've seen, or other overlays we've seen corne
through, One ofthem is on page 139A -- and I'll read it to you because you may not have it in front
of you -- talks about outdoor display slash sale of merchandise and outdoor restaurant seating areas,
Item B, outdoor restaurant seating shall be permitted to encroach up to a maximum of five feet into
a public sidewalk.
Now, my concern about that is, I know we had this issue corne up either on Bayshore, Gateway, or
both, Theres a, ifI'm not mistaken, sidewalks are within the right of way. The right of way is owned by
the taxpayers. How is the liability ofthat issue to be handled?
MR. SCOTT: I think there was some discussion from a liability aspect. I'd rather have Patrick
answer it. Obviously, we don't want to carry the liability. One of the things that we've said is that we'd like
to have six feet of unobstructed, based on having six feet on collector's arterials.
CHAIRMAN STRAIN: Well, if you have a six foot sidewalk, and they're allowed to intrude upon
that by five feet, the publics only got one foot left to walk.
MR. SCOTT: Actually, they were talking about 10 feet, and going in five feet. And we were trying
to get keep six feet of unobstructed,
CHAlRMAN STRAIN: That 10-foot could also be a problem, which is my second question for
you, But first maybe Patrick could answer the possibility of the restaurants using tables and patrons sitting
on sidewalks that the rest of the public has a right to use for bicycles and skateboards and all those good
things,
MR. WHITE: There's actually two sets of issues. The first of them is, I guess what I'll characterize
as I have in the past, more of a real property law type of an issue, That has to do with the fact that, as
you've indicated, this is essentially land that's owned by the public, by the county. And as such, there's the
potential that that publicly owned land would be used for a private benefit by the individual property
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way, we need provisions in here to require easements for those particular buffers or uses or edges that are
being required by this code.
MR. SCOTT: First of all, they aren't out there.
CHAIRMAN STRAIN: They are not or are?
MR. SCOTT: There is no curbing out there, Obviously, adding curbing, the one issue with that is
the drainage. There is inlets on the side of the road, but the other issue with the drainage from this inlet
standpoint is there's no treatment right now. That goes right out to the canals. If you put curbing in and
some of the other things that we talked about, and we've talked about this in the sense that they'll have to do
some type of treatment, but hopefully it will be shared treatment, but obviously it depends on how these
developments come forward,
CHAIRMAN STRAIN: For example, the thing in front of you, look at the three blocks on the
north side ofthe Parkway, What if the guy in the center lot and that block, bulldozes down his duplex and
decides he wants to put a commercial facility there to meet the minimum standards ofthis code. How does
he put the curb in and all the other elements that are requested in this code or required in this code right
now?
MR. SCOTT: It's problematic to do one little piece of it. Now, one of the things we talked about is
trying to do a mass -- kind of a master plan from that side of it, the drainage -- and I don't know how we're
going to address that as we go forward,
CHAIRMAN STRAIN: All those things are good, And this is a good idea for Golden Gate, I don't
have a problem with that. I'm just concerned that if we pass this code and someone walks up and says,
okay, I own that piece of property, here's what I'm going to build here, It's going to meet the code,
how do we tie all these elements in that nobody on either side of them or behind them or anywhere else has
done? How is the approach going to be handled or required to be handled?
MR. SCOTT: That's where the drainage side of it is such -- I mean, someone coming in developing
a small parcel by itself is problematic without doing other parcels with it.
CHAIRMAN STRAIN: Well, okay, And, again, I'm back at the position, if this gets passed and
someone tries to functionally use it, can they? And what do we do to allow them to use it, based on the fact
that it becomes a law of the land? Has anybody looked at any of these long term problems or issues?
Russell Tuffhas,
COMMISSIONER TUFF: On the south side of the Parkway, they did a similar thing where you
cannot develop your property unless you combined all these units. That way you don't have little tiny little
spots. What you're describing, if this guy wants to buy this little spot in back and do all that, he can,
CHAIRMAN STRAIN: It doesn't say that in here though, I understand what --
COMMISSIONER TUFF: I mean, he can if you will allow him, but it's intended so that he has to
get an order to make it happen, because the requirements won't allow it, He can do it ifhe could pull it off,
CHAIRMAN STRAIN: What I'm getting at is, don't we need to have a paragraph in here about
aggregation of properties in order to function?
COMMISSIONER TUFF: That was done and then it was taken off because they said you can't do
that.
CHAIRMAN STRAIN: Okay. Well, maybe I'm missing something, In am, that's fine, I'mjust
wondering how a property owner who wants to abide by this can do so at this point, a single property
owner.
MS, MOSCA: If I may, Mr. Chairman, We do have a provision in the overlay which states that the
overlay district encourages the aggregation of properties. That's what the intent is, to have those
aggregational properties in order to accommodate the type of development.
CHAIRMAN STRAIN: And fthe guy that was buying it wasn't encouraged enough monetarily to
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MS. MOSCA: And that's an option, So, what I can do is go back to the former ADHOC
Committee and see how they feel about it, or if they perhaps want to speak to that issue today.
CHAIRMAN STRAIN: I would have attended the meeting, as I have started to, but Mr, Tuff got
appointed to this panel, and he and I couldn't be sitting in the same meeting together, so I didn't attend it. I
would have expressed this earlier had I known it. If somebody were to modify so there's some flexibility so
applicants aren't coming in and looking for variances for a foot or two all the time, that would probably be
helpful.
MS, MOSCA: My concern would be if we required the 10 feet wide sidewalk and then one
property owner wasn't able to include ten feet, let's just say, and they had to reduce the sidewalk, or give up
part of their property, that may also be problematic. I guess I have to think about it further.
CHAIRMAN STRAIN: Okay.
MS. MOSCA: I mean, that's an option. Maybe Patrick might have another option,
MS, FABACHER: Mr. Chair -- excuse me.
CHAIRMAN STRAIN: Yes, Ma'am.
MS. F ABACHER: Catherine Fabacher, zoning, Staff looked at this extensively with Don's staff
and our staff for Bayshore and Gateway Triangle and we kind of convinced them to have straight trees and
have a larger sidewalk, but they eliminated that big planting strip out there, so that kind of pulled the
sidewalk further out. But the sidewalk would still encroach on the property and the property owner would
give an easement for liability purposes. You know, not maintenance. They didn't agree to -- they agreed to
liability on the sidewalk but not maintenance, Is that what right of way he was talking about?
MR. SCOTT: If you ask the question too many times here, we don't want liability, we don't want
maintenance. It keeps going on and on.
One of the things with the maintenance side, since you bring it up too is, we don't maintain -- we
essentially maintain like pavement or asphalt or concrete. When you start doing brick pavers, things like
that, we don't maintain that. Obviously that was a discussion we had at Bayshore and Gateway also.
CHAIRMAN STRAIN: I just think, as far as direction, Michelle, I don't know if anybody here is
objecting to any ofthis, but we've got to get these issues cleaned up on this particular document.
COMMISSIONER ADELSTEIN: If you maintain it, you have the obligation to pay for it that way,
You have no choice. Both of those go together.
MR, SCOTT: Not ifit's above and beyond what we have out there right now. For instance, the
asphalt sidewalk that's out there right now, if someone wanted to come in and put brick pavers up and
down it, we don't have to maintain that. A lot of places --
COMMISSIONER ADELSTEIN: No, you don't. The minute they do, they have to, In other
words, it comes with -- when you do the work, then you maintain it. That's their responsibility. As long --
MR, SCOTT: Because of the landscaping and other things we have raised, there will be separate
agreements with either a group of them or singly that they will maintain,
COMMISSIONER ADELSTEIN: If you put it in, I can't think of any law obligation more perfect
than, if you want to put it in, you will maintain it.
CHAIRMAN STRAIN: Okay, Any other --
COMMISSIONER SCHIFFER: I do, Mark.
CHAIRMAN STRAIN: Mr. Schiffer.
COMMISSIONER SCHIFFER: One thing is, the landscaping, we're saying it has to be per our
landscape code, which again, is a suburban code, Does that mean we have to do the buffers and everything
that the code requires?
MS, MOSCA: Unless it's spelled out otherwise in the overlay, yes.
COMMISSIONER SCHIFFER: And are there areas --like, for example, this conversation you're
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or not, I don't know. Normally on projects like this, as the commissioners have stated, you would normally
have at least a ten, possibly even a IS-foot wide type D buffer adjacent to the property on the property line
from the property line in adjacent to the right of way where the building is. Normally you would have also
for a small building at least a five-foot wide building perimeter planting area, the foundation planting, that
would be 10 percent of the buildings footprint. If the building is larger, taller, that can go up. I can't imagine
these developments, these smaller lots like this that getting bigger than normal five foot.
CHAIRMAN STRAIN: I think that confirms your--
COMMISSIONER SCHIFFER: My point is, we all have this vision of an urban area, yet we are
putting suburban requirements still on it. I think it's a simple thing to fix, It's a matter of eliminating
certain things from the landscape code, In other words, if you eliminated the buffer requirements, or at least
eliminated it in certain parts ofthe site, that would do it. If you eliminated the foundation planting
requirements, I think that would do it. You know, you have to do that, otherwise you're building a
suburban project no matter what you do. You can write all the words you want, you're going to end up with
suburbia.
CHAIRMAN STRAIN: Thank you, Mike, I appreciate it. Michelle, is that enough food for
thought?
MS, MOSCA: Yes,
CHAIRMAN STRAIN: Any other questions of Michelle before we get into public speakers?
COMMISSIONER SCHIFFER: Let me go back to -- the parking garages are not allowed in this
district, correct? They call it a parking facility, I assume that's where a parking garage is hiding these days.
MS, MOSCA: I would have to check the SIC code, I was thinking that parking lots were permitted.
COMMISSIONER SCHIFFER: We have to have a parking lot, I hope.
MS, MOSCA: Right. But just on a particular lot. For example, we would allow parking,
COMMISSIONER SCHIFFER: But if you're going into an suburban kind of density, I think you
really should provide the ability to build parking structures,
MS. MOSCA: What I could do is check the SIC --
COMMISSIONER SCHIFFER: There is no SIC code for--
MS. MURRAY: Michelle, my recommendation is, if you want them, just make it clear that they're
permitted in there,
MS. MOSCA: The parking structures?
MS, MURRAY: Yeah, if you want a parking structure, which I recommend that to you,
MS. MOSCA: Okay, '
CHAIRMAN STRAIN: I bet you we're going to hear from the committee on that.
COMMISSIONER SCHIFFER: And maybe you don't. There is an answer to saying, yeah, we want
density but not that much density, so we're going to control --
CHAIRMAN STRAIN: We'll find out in a minute, Did you have anymore questions?
COMMISSIONER SCHIFFER: No, I don't.
CHAIRMAN STRAIN: Okay. Thank you, Catherine, who are our speakers?
MS. F ABACHER: Okay. Our first speaker was Ms. Newman, Cheryl Newman.
MS. NEWMAN: I'll let the chief go first.
CHAIRMAN STRAIN: He's the chief ofthe committee as well,
MS, F ABACHER: I'm sony, Don Peterson, I just took them in the order in which they came,
MR. PETERSON: Good afternoon. For the record, my name is Don Peterson, I'm one ofthe
original members of the ADHOC Committee.
Couple of things to start out with, the whole committee and the area that was identified, we knew
up front that there was going to be problems in changing the area, We were going to have problems with
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CHAIRMAN STRAIN: Don, stay up there.
COMMISSIONER SCHIFFER: The shaded area in the map, how is that determined? And a
question I have is, if you look at the southern part there's a row of houses coming down on the right-hand
side that are not included, Why wouldn't they be included, just out of curiosity?
MR, PETERSON: This area right here?
COMMISSIONER SCHIFFER: Right. They would be facing golf course views, So the intent is
they'll probably stay single family.
CHAIRMAN STRAIN: Well, with that kind of view and amenity, how would you aggregate that
block really to make it enough depth to be effective for parking, water management, everything without --
COMMISSIONER SCHIFFER: Is the intent that these projects will be bought through the
alleyway will be vacated? Because the alley could work out to be an excellent way to do services and stuff,
MR. PETERSON: Well, that's one thing we didn't get into because different developers would do
different things, and the traffic pattern may require different things, We try to identify the physical area and
then let the developers determine how they're going to have to relocate utilities, where it's going to have to
go and those kind of things. That's why we're trying to stay with large areas that we knew multiple parcels
would have to be put together to make some of the basic stores even work in there.
COMMISSIONER SCHIFFER: How difficult is it to cross Golden Gate? I mean, if this was a
downtown development as shaded, would somebody be able to physically walk across Golden Gate to get
to the other side?
MR, PETERSON: Currently there is a school crossing traffic light that's right in here where they
cross every day, There currently is no facilities to accommodate crossing at any other point at this point.
The hotel Quality Inn is down here. This is all residential area here, And as long as the golf course stays
there, this would probably not change because the utility, water utility is right here,
COMMISSIONER SCHIFFER: Thank you.
CHAIRMAN STRAIN: Thank you, Don. Next public speaker.
MS. FABACHER: This to going to be Cheryl Newman,
MS. NEWMAN: Good afternoon, Commissioners, Cheryl Newman, former ADHOC Committee
also. Chief Peterson pretty much covered everything. I think that showed your concerns, The question
you had regarding --
CHAIRMAN STRAIN: There's a hand-held speaker there, Cheryl.
MS. NEWMAN: This area here you were talking about, these are single family residences all along
here. On this side is where we had some duplexes and triplexes, so that's why you don't see these in the
shaded area, I don't think I have anything else to really cover, other than there was an issue about the water
management. When we were looking at this, we were trying to figure out how people could really develop
this and that's where we came up with the 3,000 square foot minimum and that would be, someone would
have to assemble a minimum of about three lots -- three to six -- wait. Four to six lots to get that because
those lot sizes are small across the parkway. And water management was a big issue there. Water
management is a big issue in Golden Gate throughout the whole four square miles, And what we were
looking at was shared -- I think Don kind of alluded to it, runoffs where the ponds that they're doing now
where there's a water management area, enhance those in that area itself, where it would be attractively
landscaped and things like that for some ofthe water issues in that area. I can't think of anything else, Don
pretty much covered everything,
COMMISSIONER SCHIFFER: I had a question, but I don't have anymore,
CHAIRMAN STRAIN: Do you like parking garages?
MS. NEWMAN: No, I do not.
CHAIRMAN STRAIN: Okay, The discussion about the parking garage, do you believe it's the
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Bayshore and Gateway on the 15th, this aspect, and by that time we'll have a good chance to look at what
modifications they made along those lines, and Bayshore and Gateway, Because basically --
COMMISSIONER SCHIFFER: Similar,
MS, F ABACHER: Yeah, Don and his staff and our staff worked on those, and it had the same
beginning, If you'll recall, we'll just kind of piggyback this one onto that one, which has been significantly
changed, So maybe it will all be clear, you know, when we get to that. Ifwe don't defer too much to the
15th.
CHAIRMAN STRAIN: I was comfortable with the direction given. I was comfortable with the
fact that staff knows the problem that Commissioner Schiffer is speaking of, and I was comfortable with
the fact that Michelle is very competent. And I'm sure with her discussions with the committee, they can
move it forward, But if this commission wants to hear it again, I have no problem with that either. My
personal feeling is this can go forward.
COMMISSIONER TUFF: I make a motion we approve this to go forward.
CHAIRMAN STRAIN: Recommend for approval to the BCC with corrections that we noted to
Michelle today?
COMMISSIONER TUFF: Yes,
COMMISSIONER ADELSTEIN: I'll second.
CHAIRMAN STRAIN: Motion made by Commissioner Tuff, seconded by Commissioner
Adelstein. Discussion?
COMMISSIONER SCHIFFER: Discussion is -- I mean -- I think first of all, I think what Catherine
said is correct. This is -- this third project is the same as the other two, they're both urban creatures,
They both have similar problems with landscape. I would like to see how they work it out. I don't
know how they're going to work it out. So, we're just trusting the fact that these work out. But the problem
is in the field when you design -- like Bayshore had this problem -- is that you couldn't obtain what the
overlay wanted because of the landscape code, and this one has that problem, I think we should --
somebody should look at it, we should look at it before it goes to the commission,
CHAIRMAN STRAIN: Commissioner Caron?
COMMISSIONER CARON: I think it's a pretty easy thing to take a look at it right after we do
Bayshore and Gateway. This is not an attempt to hang it up. It's an attempt to just make sure that all the
issues have been addressed so you don't go through to the BCC and then have them ask you a bunch of
questions that, you know, that need to go back.
CHAIRMAN STRAIN: And I don't doubt your statement at all and I -- but I don't see the need to
keep bringing it back either, As far as I'm concerned, if the motions made to move it forward, I'm willing
to move it forward, I'm sure the issue is going to be adequately addressed by staffs review, They know it's
there now, If there were to go to the BCC and this wasn't addressed, I think they would have a very
difficult time in the future with that issue.
COMMISSIONER SCHIFFER: Mark, aren't these all going to go to the BCC at the same time
anyway?
CHAIRMAN STRAIN: I don't know what the BCC's agenda is for receiving it. I don't know how
that's handled. Do they get the whole packet at once, the BCC?
MS. MURRAY: Yes, We're waiting for you to finish.
CHAIRMAN STRAIN: So even if we approve this today, it's not going to make any difference
because you are not going to move it forward until after the Bayshore Gateway? Well, then let's bring it
back. I mean, you want to recall your motion?
COMMISSIONER TUFF: What I don't want to have it do is not go through because -- what's there
now is not acceptable, People are going to do whatever they want. Having a faulty one is better than --
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MS. MURRAY: Rural agriculture zoning district.
MS. F ABACHER: Thank you, boss.
CHAIRMAN STRAIN: Okay. Are there any questions from the planning commission? Are there
any representatives of the public that wish to speak?
MS. F ABACHER: I believe so.
CHAIRMAN STRAIN: Do I have a motion for Section 2.04.03?
COMMISSIONER TUFF: So moved.
CHAIRMAN STRAIN: Motion's been made.
COMMISSIONER ADELSTEIN: Second.
CHAIRMAN STRAIN: Seconded for approval. For approval. Any further discussion? Hearing
none, I'll call for the vote. All those in favor?
COMMISSIONER STRAIN: Aye.
COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Nobody is opposed. I counted the ayes.
MS. F ABACHER: We're still on page nine of the summary sheet, and we're into the next item
which is scribner's error, which is section 2.04.03. It is on page 142 of your original packet. And
essentially we were going to remove single family detached as a permitted use on the golf course district,
which was accidentally put in there, and we're going to add it as a permitted use, single family detached
residential in the RMF 12 district, which is on page 143 of the use table. You see it's got a footnote to it.
Does everybody see it there? P25, and the footnote says, single family dwellings are permitted only on
existing nonconforming lots, subject to the lot design requirement set forth for the residential single family
six in section 4.02.01. So that just says that when you're putting in a single family on a nonconforming lot
in some place that's zoned RMFI6, it's telling you that you need to go to the dimensional requirements for
the single family lot in RMF6 in that table when you're putting it in in RMF 12.
CHAIRMAN STRAIN: Are there any questions from the planning commission? Do we have any
public speakers?
MS. F ABACHER: No.
CHAIRMAN STRAIN: Is there a motion for section 2.04.03? So--
COMMISSIONER ADELSTEIN: So moved.
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: So motion to approve by Commissioner Adelstein, second by
Commissioner Murray. Discussion? All those in favor.
COMMISSIONER STRAIN: Aye.
COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
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expensive to elevate the top of the seawall to extend it in kind of a vertical direction so that they avoid the
cost that's otherwise required either to obtain a variance or to move to achieve the greater setback. And so
what the code is looking to do is to find a way to, as best as possible, maintain the most aesthetically
pleasing and consistent height of those seawalls so that there isn't, you know, an unintended consequence of
essentially subverting the greater setback.
COMMISSIONER CARON: How does this prevent what we have happening up in Vanderbilt
right now where not only did they put a wall on top of a seawall, but they also extended it out?
MR. WHITE: Well, I believe that some of the provisions we're looking at for measurement under
4.01.03 in this cycle will address those concerns. What it can do with respect to that specific project is
probably nothing, because similarly this provision itself was in part prompted by that particular fact pattern
as well as other similar ones in that area of the county and other places in the county. The economics have
driven this. And at this point, we're adapting to those changes.
CHAIRMAN STRAIN: Commissioner Schiffer?
COMMISSIONER SCHIFFER: Susan, one thing you said, we do have a seawall ordinance. It
goes back to the early '80s. It described all the components of the seawall where the setbacks of seawalls
are measured, how they're constructed. What's the seawall. What's the seawall caps. I think it's not fair.
And what's happened is, no one has been honoring those ordinances. They're in our land development code
reference. What's happening is, people are building walls on top of seawalls and saying, look at my new
seawall when they're not seawalls. They're walls on top of seawalls. I think this ordinance is good because
it may chase away tricksters like that, but I mean, we do have a problem with it. The one that Donna
referenced is a fake out. It's not a seawall extension.
MS. MURRAY: Yeah. Everybody has a different opinion about whether it is or isn't a seawall.
And I don't really want to go there.
COMMISSIONER SCHIFFER: You should go there.
MS. MURRAY: Well, I can.
COMMISSIONER SCHIFFER: Go there and read that ordinance then you'll know what a seawall
IS.
MS. MURRAY: Well, Patrick may advise me on this.
MR. WHITE: Remember, we're in the midst of what it is that the Federal Government is telling us
are minimum elevations. I don't know that that older ordinance is one that adapts and looks at those higher
elevations or not, but certainly we all could benefit from going back and looking over the existing
regulations no matter how old they are. If for no other reason than to see whether they should be --
COMMISSIONER ADELSTEIN: Why don't we ever have to raise the seawall? Why don't we
make a standard that you cannot raise the seawall. You may repair it back to that same height, but you
cannot raise it.
COMMISSIONER SCHIFFER: If you read the ordinance, you'll see that there's been reasons that
-- the raising of these seawalls, this little game everybody plays, I don't think it's allowed. First of all, it will
cause scouring if there's ever flooding. If water ever comes over these seawalls, these little walls on top of
walls, they're going to mess up the whole wall and the neighbors.
Patrick, I don't think you can build seawalls like these anymore.
MR. WHITE: I believe that the one that's in question is fully integrated and is not -- from an
engineering perspective, I think this is one solid piece.
COMMISSIONER SCHIFFER: This isn't a place to discuss the specific issue.
COMMISSIONER ADELSTEIN: I made a statement and it went right back. Is something wrong
with it?
CHAIRMAN STRAIN: Go ahead.
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seawall where he's got riff-raff, you're saying he should be limited to what height?
COMMISSIONER SCHIFFER: If the fellow wants to repair his seawall, he goes to the seawall
ordinance to discuss how to repair a seawall, and he would repair it to the height.
CHAIRMAN STRAIN: Whoa. Let's back up.
COMMISSIONER SCHIFFER: The existing height. The height of the seawall.
CHAIRMAN STRAIN: That's what I'm asking. What ifhe's got rip-raff, which places do?
COMMISSIONER SCHIFFER: Then he would put it to the height of the rip-raff, whatever they
have.
CHAIRMAN STRAIN: We're talking about seawalls, I'm not talking about rip-raff.
CHAIRMAN STRAIN: No, no, but people will go in where there is no seawall and need to put a
seawall in. If they have to put a seawall in, what height will they be allowed to go to if they have -- just
CUrIOUS.
COMMISSIONER SCHIFFER: Like, in this case when this subdivision was made, the seawall
was built with the subdivision, the land fill. At that time that's a discussion they can establish the height. It
isn't an issue at that point. If you're doing a brand new development, somehow you can find to get a
seawall in, then you can establish your seawall height at that time. Our problem is in existing
developments people on vacant lots that are building walls on top of seawalls and playing trickster with the
setback ordinance.
CHAIRMAN STRAIN: Okay. Want to hear from the public before--
MS. F ABACHER: Mr. Bruce Burkhart.
MR. BURKHART: Good afternoon, Commissioners. My name is Bruce Burkhart. I live at 283
Oak Avenue. And I'm a director of the Vanderbilt Beach Property Owners' Association. And maybe
Susan, can you help me out with this?
MS. MURRAY: Sure.
MR. BURKHART: I'll just show you an example so that you know what we're talking about here.
This is the original house that's under discussion. And this picture goes back to about 2/8/02, I believe.
And what you're looking at is the original home, and you can see the seawall and the adjacent seawalls and
they're both even with each other. And I think staff is to be commended for recognizing, obviously, that we
have a problem here. And they're trying to maintain this same look. I agree with Commissioner Schiffer,
that if you put a seawall on top of a seawall, that's going to create additional problems for the neighbors on
either side of the house.
And then I'll show you what's happened in the meantime. This is the additional seawall that the
owner has put in. And this is what's created the need for the ordinance change. You can see what they've
done is put up this ridiculous cap. It almost looks like a table rather than a seawall. And what they've done
is cantilevered out that seawall out over the waterway. And then they're trying to take advantage of the
situation by saying okay, we're going to measure from the outside point of that seawall to the problem wall,
the pool deck wall, and thereby gain -- put ourselves into a position where we can apply for an
administrative variance. Even after doing all that they've done here, they still don't qualify for the 10- foot
setback. They've wiggled their way into trying to get an administrative variance, and unbelievably the staff
went along and approved it. So what we're trying to do is, I think with this ordinance change, is try to
correct that problem, and that's commendable. As you can see, we have another problem that's the
cantilevering. And I think your ordinance needs to address that as well, that the seawall not only should be
the same height, but should be the same width as the neighboring seawall.
COMMISSIONER SCHIFFER: And, Bruce, you really don't have to address that. The seawall
ordinance defmes the face of the seawall as the thing that has to encroach setback. So in other words if --
this is -- and you call it a seawall, and you were kind. I think semantically, that's a wall on top of a seawall.
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COMMISSIONER SCHIFFER: I'll second that.
CHAIRMAN STRAIN: Waita minute. Is there an LDC amendment before us that had that
language in it?
MS. MURRAY: I think what you're asking us to do is --
CHAIRMAN STRAIN: Where are we going to here? Let's just go to section 4.02.03 that's written.
Does anybody feel comfortable enough to move this forward as it's written today? If not, let's ask the staff
to bring back language that you'd like to see on the 15th. That's where I'm trying to go.
COMMISSIONER ADELSTEIN: I got you.
CHAIRMAN STRAIN: Okay. So that's what we're going to do. Does staff understand what's
being asked?
MS. FABACHER: Right.
MS. MURRAY: Yes.
CHAIRMAN STRAIN: So on the 15th we'll rehear this one again. We will take a 15 minute break
so I can get some coffee and stay awake the rest of the afternoon.
(Whereupon, a brief recess was taken.)
CHAIRMAN STRAIN: Okay. Let's bring the meeting back to order. Catherine, I believe we're on
page 11 of the summary sheet and page 147 A of our booklet. Is that right?
MS. F ABACHER: Right. That's correct, Mr. Chairman. This is about as simple as it gets.
CHAIRMAN STRAIN: This will take two hours, I can tell.
MS. F ABACHER: All we're doing is retitling the section because it's on 147 A. It says design
standards for development in the ST and AC, special treatment and the area critical state concern special
treatment district. So, many times people call up and say they can't find the ST rag, so all we're doing is
just putting them up at the top of the section.
COMMISSIONER MURRAY: Motion to move to recommend.
CHAIRMAN STRAIN:CHAIRMAN STRAIN: First are there any public speakers?
MS. FABACHER: No, sir.
CHAIRMAN STRAIN: Okay. Now there's motion to approve section 4.02.14 by Commissioner
Murray and finding it consistent with the growth management. Is there a second?
COMMISSIONER CARON: I'll second.
CHAIRMAN STRAIN: There's a second by Commissioner Caron. Discussion?
(No response.)
CHAIRMAN STRAIN: All those in favor?
COMMISSIONER STRAIN: Aye.
COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: None. The motion passes.
MS. F ABACHER: All right. Mr. Chair, we're on page 11 of the summary sheet. We're on page
148 of the old packet section 4.03.02. And this is clarifying property requiring subdivision. I'm going to let
my boss take this.
MS. MURRA Y: Susan Murray for the record. I'm going to speak here for the engineering
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MS. MURRAY: The best way for me to answer that is it's covered under the platting process and
what we need to review for site plan.
MR. WHITE: The substantive reviews both include, for example, looking at the appropriate zoning
regulations for that district, setbacks, et cetera, lot sizes.
MS. MURRAY: Lot sizes, yes.
MR. WHITE: All of the applicable LDC provisions.
MS. MURRAY: Landscape, water management.
MR. WHITE: For those that are platted are looked at at building permit as far as what structure is
placed upon that fee simple lot. A lot of times they come in at the same time so that you're going to see
them on the building permit side, and at the same time as the plat. This is a bit of a new process bridging
between those two, because it's more typical to have the SDP come in and in parallel in concert the building
permits.
MS. MURRAY: It's the same --look at it like the same process we used for single family. And
you could probably call this a single family attached. Okay. So this is -- single families don't go through
site plan. We review at different stages, like Patrick said, platting and building permit stage were the
requirements.
CHAIRMAN STRAIN: Susan, on page 154, the last paragraph, it talks about typical lot
configurations. It says for fee simple residential lots in the beginning. Towards the end it says for non
residential lots, parenthesis, e.g. multi-family amenity lots or parcels, commercial industrial lots. The
illustration portrays setbacks in building envelope.
So this goes beyond the use of these four just townhouses. And when you reference multi family
amenity lots, aren't those lots including on the STPs? Does multi family required STP because they're not
fee simple?
MS. MURRAY: Correct. I think what this is attempting to do is saying --let me just re-read it so
I'm sure I'm telling you the correct thing. The question in my mind was strictly applicable to the
townhouse, but I'm not sure that it is. I think this is separated and just a general requirement for all.
CHAIRMAN STRAIN: Right. So that's what I was concerned. It isn't -- this actually applies to
more than just townhouses in some ways?
MS. MURRAY: Yes. And I prefaced my statements by saying we're also amending some
provisions of the platting requirements to ensure that we get some additional information so we can ensure
that.
CHAIRMAN STRAIN: So there's a difference between an FSP and a [mal -- an FSP, a [mal
subdivision plat, as the construction drawings a lot of times for the road work and infrastructure goes into a
parcel.
MS. F ABACHER: No, that's the final plat to be filed with the Clerk of Court.
MS. MURRAY: And let me give you a little background.
MS. F ABACHER: Construction.
MS. MURRAY: Right.
CHAIRMAN STRAIN: Well, I know what the plat is that gets filed with the court because Becky
handles that and I deal with her all the time on those plats. And I'm wondering, are you saying on the final
plat, you want the kind of detail that shows setbacks and bedrooms and all this other stuff? Because I'm not
used to seeing that on final plats. Plats are usually the outline of the lots.
MS. MURRAY: What we -- let me kind of go back to where we were and how we are getting here.
We eliminated the requirement for preliminary subdivision plat. It's now optional. At the preliminary
subdivision plat phase, we requested this type of information. Because that's now an optional process,
we're trying to carry over pertinent information onto the final subdivision plat that we need as part of our
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MR. MURRAY: Yes.
CHAIRMAN STRAIN: Is there a second?
COMMISSIONER MIDNEY: Second.
CHAIRMAN STRAIN: Second by Paul Midney. Any discussion?
(No response.)
CHAIRMAN STRAIN: Hearing none, all those in favor?
COMMISSIONER STRAIN: Aye.
COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Motion passes. All those opposed? None. How's that? I got that in. I
got the nays in just in case.
Okay. Page 160?
MS. F ABACHER: Absolutely. Page 160 in your old packet. And this was written -- this
amendment was written by Code Enforcement. They're having a lot of trouble with people parking cars on
their lawns. So what they've attempted to do here on page 161 is to kind of define what designated parking
area is. So under A, single family dwelling, they've added parking or storing of automobiles in connection
with single family units shall be limited to stabilized subsurface base or plastic grid stabilization systems
covered by -- I think if you can read what it says there.
MS. MURRAY: I think they were having difficulty applying this provision without more
specificity. And then, I don't want to say arguing in a negative sense, but explaining it to violators as to
what was the --
MS. F ABACHER: It's now designated parking area. Before they were saying well grass is a
pervious covering of my parking area. So they wanted to get more specific about what a parking area really
was, kind of thing they were looking for.
CHAIRMAN STRAIN: Okay.
MS. F ABACHER: If you have any questions --
CHAIRMAN STRAIN: Yeah, I've got some. Go ahead, Brad.
COMMISSIONER SCHIFFER: In the list of items you can have, you've got concrete crushed
stone, crush shell, asphalt pavers. Could we add the turf parking systems to our --
MS. F ABACHER: Let me just say that Sharon Dantini is here from code, the author, so, I'm sorry,
I didn't defer to her.
COMMISSIONER SCHIFFER: Okay. In other words, there are systems that are acceptable for
parking that do have grass on them?
MS. DANTINI: Good afternoon, Commissioners. Sharon Dantini, for the record, code
enforcement. The reason that we're asking that this be put back in, the recodification left out a section that
actually prohibited parking on the grass. And it, at that point it was very clear for citizens that they were
not to park on the grass. That's all we're trying to do here is to clarify that they are not to park on the grass,
but only on stabilized surfaces.
Now your question about some of these stabilized surfaces with grass in the area, I understand
there's a grid system that -- I have not seen it personally, but I understand there is a grid system that does
allow the grass to be grown in that system.
COMMISSIONER SCHIFFER: There's different systems. Some are a turfblock that allows a
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CHAIRMAN STRAIN: No, that's fine. I just wanted to -- I just wanted to find out what the single
family was. Thank you.
COMMISSIONER SCHIFFER: So Paul can sleep at night, I mean, these are for residential uses
and mixed used urban residential land use. In other words, I don't think out in the agricultural areas you
have this problem.
MR. MIDNEY: Well, my house I think is zoned AG, but I'm in the great minority. Most houses in
Immokalee are not. And I think this is going to create a lot of added expense for a lot of people who are
already having a lot of extra expenses. So I'm going to vote against it because I think it's too expensive to
implement.
MR. MURRAY: I have a question for you, ma'am. You indicated that it was excluded by error
from the former and that it was perfect. However, that perfection is now being replaced by a new
perfection. What were the differences? What were the additives? Was it paver block or something else
that made it a better perfection? What I'm driving at is, if we're having a problem with it, and I don't know
that we are, if we went back to that excluded item and just put that in the code, would that suffice to do the
job?
MS. DANTINI: We had originally thought that, but we're advised that the exclusion should not be
in the body of the code. And please help me, Patrick here if I am misquoting you on that, but that was our
understanding as that we did not want to have exclusions in the body of the LDC.
MR. MURRAY: Okay. I'm not trying to go anywhere other than find a good compromise that
would work. I'm not looking to create more problems.
MR. WHITE: If you look back over the legislative history of these few provisions, you'll find that
we have gone hither and fro with them trying to find the right precision, accuracy, and balance. Obviously
there are a number of design solutions, and we try to write the land development code in a way that allows
as much flexibility in finding design solutions without specifically enumerating what they are or excluding
others in terms of a prohibition or limitation. So, we're trying one more time to find that balance here. And
although some of the earlier versions may be helpful, I don't believe that they were without adaptation by
the actual code enforcement investigators applied consistently.
MR. MURRAY: All right. I suspected as much but I just felt that if we were --
MR. WHITE: Everybody was comfortable with what we had, but I don't know that if it got down
to having to fight about it in front ofthe CEB, we could have sustained. So we tried to be more precise and
accurate without being exclusive.
MS. MURRAY: And I'm not sure this is really changing anything, Commissioner Midney, I only
say that because if you read kind of the old language versus the new, you still had to have a stabilized
surface. So this has been in place -- I don't know when this was adopted, but I do remember going through
the process probably four years, three years.
MS. DANTINI: The wording that you have in front of you, what was codified in the new LDC, the
older version was real specific about the surfaces that you could park on, and did exactly prohibit parking
on the grass.
CHAIRMAN STRAIN: Well, see, in this code versus the old code, you're saying -- it used to say,
ifI'm trying to read through the crossed out lineage that you have here, specifically designed for the parking
of automobiles which may not compromise an area greater than 40 percent of the required front yard. But
now you're taking out the area that could have been designed or required for the parking of automobiles and
saying it has to be designated for the parking -- or designated parking area and you're limiting that to a
driveway. So I'm wondering if it does go beyond --
MS. DANTINI: Actually, we're not limiting it to the driveway. It could be made of crushed stone
too.
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CHAIRMAN STRAIN: That's a novel idea. Paul, I like that.
MR. MURRAY: IfI can put my four-and-a-half cents in on this. The issue is more in East
Naples, for instance, where there are similar situations that Commissioner Midney describes. This
ordinance change, will it help to clean that issue up for those folks? Because the people I find complain are
the ones who live next door to the folks who have to park their cars. And I recognize they need a place for
their trucks and their cars, and it's a no win all around, from what I can see. But, will this help to have code
enforcement be effective in this, or is that already under control?
MS. DANTINI: Well, actually as we have mentioned, this was in the old LDC, this type of
information. The Estates is not included in that because it's not referenced in this code. Agriculture is not
included in that because it's not referenced in this portion. We've had no problems in the past enforcing this
type of language in it. Yes, there have been people that have had to go in and resurface some areas to make
it stabilized, but I'm not aware of any complaints to commissioners regarding those issues.
MR. MURRAY: I know sometimes they tend to fill the swales too, and that's a little scary.
MS. DANTINI: Yes, it is. The parking in the right of way is a very big issue.
MR. MIDNEY: Some people are not always complaining about it to the authorities, but you hear
people talk about it and it's one of the areas where people say that government is getting out of hand
because they're putting rules, you know, on top of rules and it's interfering with, you know, peoples', you
know, basic things. You need a place to put your vehicle.
COMMISSIONER SCHIFFER: The only thing we're doing here is discussing what the vehicle is
on. The percentage of vehicle hasn't changed. It's just that when they go out and they say you can only park
in 40 percent of your yard, they can't figure out how do you define where that 40 percent is. And plus, is it
good that people are parking on grass, killing the grass? You've described how you've killed all yours. So,
I mean, do we want a town where there's a bunch of dead grass around because people are parking
willy-nilly on the lawn?
COMMISSIONER MIDNEY: I don't know.
CHAIRMAN STRAIN: I think we've had quite a bit of different discussion. Any public speakers?
MS. F ABACHER:MS. F ABACHER: No, sir.
CHAIRMAN STRAIN: Okay. We need to have a motion on this, on section 4.05.03 for either
approval or denial in finding it consistent or inconsistent with the growth management plan.
COMMISSIONER TUFF: I move we move forward with it.
CHAIRMAN STRAIN: As consistent with a GMP and recommendation for approval?
COMMISSIONER TUFF: Correct.
CHAIRMAN STRAIN: Commissioner Tuff made a motion to recommend approval.
COMMISSIONER SCHIFFER: Second.
CHAIRMAN STRAIN: Commissoner Schiffer seconded.
MRCOMMISSIONER SCHIFFER: And that included the turf parking system too.
MS. DANTINI: Yes.
CHAIRMAN STRAIN: With the caveat that the turf parking system language be added. Did you
have a problem with that? Is that okay, Mr. Tuff?
COMMISSIONER TUFF: That's fine.
CHAIRMAN STRAIN: Any further discussion? All those in favor to the motion signify by saying
aye.
COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER SCHIFFER: Aye.
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I said, for the last 10 years.
Again, we've been using the alternative design solution standards to meet the LDC intent. And
again, the purpose is to -- of this amendment, is to actually vet this particular staff direction. Again, we're
not requiring additional landscaping. It's basically just to codify a staff policy.
Why? Reasons and benefits. Buffers are required along the perimeter of all zoning, all
developments. Lakes don't eliminate the requirement for buffers, as we've said. You get a space element
done, you know, that lakes provide, but they don't provide the screening elements. There are inherent
density, compatibility issues related to single family and multi-family. You've got very different densities.
And because of those in the LDC, we've got requirements for buffers according to those uses and those
densities. We've also got a significant size difference. We've got height differences. They're are basically
differences between multi-family and single family, and we recognize that throughout the LDC in the
landscape section.
The landscape buffers are basically to soften the built environment. Provide natural edges along
created lakes. Buffer plantings are an integral part to the minimum amount oflandscaping that all
developments provide, or are required to provide. These requirements, if well designed, actually enhance
those lake views, they don't eliminate them. That's what we're really trying to do is to allow this flexibility
to happen and actually enhance the developments.
The examples that I've got, first we've got some that actually show, obviously, the value ofthose
lake views. Some considerations of existing communities where you've got existing communities and
you've got new developments coming in adjacent to them you know, there are, you know, there are needs
for buffers because ofthat. And then we've got some images that actually have distances related to them.
Property owners pay extra for the lake views. All the developers require you to pay extra when
you're on a lake. And we need to recognize that. It's a natural and created -- lakes are actually benefits to
the homeowners and we don't want to eliminate that. By the same token, when you've got an existing
community, you don't want to have an additional development coming in adjacent to them on the other side
ofthe lake that has a much different density than they do, a much different height, a much different
massing. That's why we've got the buffer requirements. And this starts giving you some of the ideas. In
the middle ground all the way in the back, that's about 2000 feet away from where we're standing right
now. On the right we're 1,400 feet away. On the left, we're 900 feet away. Here again, way back we're
2000 feet away, off to the left we're about 750 feet away. And here we've got an example again, 750 feet
away, and again 500 feet away. And here we're 700 -- or, I'm sorry, 650 feet away and this is 380 feet
away. So you can see how those different images of those multi-family buildings change because ofthat
distance.
CHAIRMAN STRAIN: Mike, in those past photographs, were all those photographs consistent
with the buffers that are in front of us today in regards to the --
MR. SAWYER: No, they were just strictly examples of distances, buildings, you know, where
we've got single family and we're actually looking at multi-family.
CHAIRMAN STRAIN: And with the landscape material that's being proposed here, even in those
pictures, the outline of the buildings would be softened much more than they are in the pictures because
they'd have more landscaping on the water side of them.
MR. SA WYER: In some cases they certainly would be.
CHAIRMAN STRAIN: Like that one, for example.
MR. SAWYER: Yeah, this one, for instance, you would certainly have more of a hedge material
through there. You probably also have a couple more trees, but not that many more. Again, we want to
provide those views out into the lake. What we really want to have is that softening affect.
Here the one that's 500 feet away, that's pretty close. The one that's 750 feet away, that really is
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window, an unobstructed view it was they're seeking. So they're not unhappy with seeing somebody having
a hedge on their shoreline, but disinclined to have one on their's, I would suspect.
But each of the examples that you have given us here are to show us what is essentially a stark
situation; am I right? Not to show us what you're an advocate of. You're really just showing these are
things that exist.
MR. SAWYER: Yes, Commissioner. Trying to give you an idea of distances and how minimal or
somewhat minimal landscaping looks like. Again, in this particular example, the one on the right-hand
side, the 500-foot example, that one is actually quite close. I think that one would come quite close to
meeting what the proposed change, or the proposed amendment would allow. Certainly, the one on the
left-hand side, if you look at that, there are hedges, there is a considerable amount of plant material there.
That one certainly would.
MR. MURRAY: Well, it's very interesting. It really is to see -- you could be very creative, I
suppose. I don't even know really where to go with this. You were asking for some direction and it's really
difficult for me to think. I know that we have -- I live in a condominium and we have plantings outside.
They're low level. They're flowers and things and they're very nice, but is that an alternative? Is that an
acceptable buffer, something of that nature, or is that an enhancement, just an amenity or what? I'm trying
to differentiate. I'm probably not using the right words.
MR. SAWYER: To give you an idea, what the requirement for multi-family when you're adjacent
to single family is to have a B buffer. A B buffer is trees 25 feet on center with a five-foot hedge. I think
we can all agree that's not totally appropriate where you've gotten an amenity like a lake. What we're trying
to do with this amendment is to allow some flexibility and still meeting those buffer requirements, but
doing it in a manner that fits better with the lake views and also giving a bit more design flexibility, and
actually codify what we've actually been doing for a number of years.
MS. MURRAY: I wanted to clarify that because part of the problem we've been having is with the
language as it's stated is it's not clear to the designer what exactly they have to do.
MR. MURRAY: He indicated that earlier by saying you have two choices and you tend to go to the
second one.
MS. MURRAY: Or they get the wrong information. So, rather than having it kind of a case by case
basis, so to speak, we are trying to set a standard which still allows for the flexibility that we historically
have been doing by that policy, but at least sets a standard so hat people can look and say, okay, I can
cluster, but my clusters have to be certain distances and what have you. I think it's still-- and that's
essentially what we're trying to do. There is really not a regulatory change here, per se, it's just clarification.
MR. MURRAY: And clustering, I mean, height then becomes a factor in clustering as well as
anything else. Whether you do linear or you do cluster, you have issues of where someone says my view is
obstructed as opposed to I love that view. How do you perceive, when you use the term clustering, do you
see a dense abrogate or what?
MR. SAWYER: Commissioner, I think there what we would want to see is areas where you
actually don't have plant material up against the buildings or out further. You want to have those clear
views. You know, you've got trees here, you've got trees here, and you've got those hedge materials, those
plantings. Instead of taking the form of a hedge, actually are in plantings that are integrated into those.
COMMISSIONER MURRAY: You're on the right track, in my opinion.
MS. MURRAY: A lot of what will happen is these people will actually plant material above and
beyond minimum code requirement and they'll want to cluster that or place that in places.
MR. MURRAY: And you also indicate that a buffer, the distance is a buffer as well; is it not? It's
construed as a buffer.
MR. SAWYER: It's part of the buffer.
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MR. MURRAY: I would. Thank you.
CHAIRMAN STRAIN: Mr. Murray, would like a copy as well. Thank you. Is there a motion to
recommend approval of section 4.06.02 and find it consistent with the land development code?
MR. MURRAY: I would make that.
COMMISSIONER MIDNEY: I'll second.
CHAIRMAN STRAIN: Motion made by Commissoner Murray, seconded by Commissioner
Midney.
COMMISSIONER SCHIFFER: With the change of an alternate B to have a 50-foot.
CHAIRMAN STRAIN: With the change recommended by Commissoner Schiffer. Does the
motion maker accept that?
COMMISSIONER MURRAY: I would agree to that.
CHAIRMAN STRAIN: And the second accept that?
COMMISSIONER MIDNEY: Yes.
CHAIRMAN STRAIN: Any public speakers before I go too far?
MR. MURRAY: No.
CHAIRMAN STRAIN: All those in favor of the motion as recommended signify by saying aye.
COMMISSIONER STRAIN: Aye.
COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: No one is opposed.
MS. F ABACHER: All right. While we've got Mike up here, the next amendment, LDC
amendment, I'm on page 14 of your summary sheet, and we're going to page 166 of the old packet. And
this is to limit the use of synthetic turf for lawns. Page 166.
MR. SAWYER: Commissioners, the only item that was mentioned previously was that we needed
to distinguish between vertical and horizontal in the references to slope steepness, and we've got that
incorporated.
MR. MURRAY: Didn't we skip one?
CHAIRMAN STRAIN: By the way, did we skip 4.06.05?
MS . MURRAY: I'm sorry. I thought we were on the -- Mike, on page 166, the synthetics.
CHAIRMAN STRAIN: Yeah, we are right now, but we need to go back I think because we didn't
do page 163A, which is 4.06.05. Let's finish up 166. Does anybody have any discussion on the use of
synthetic turf and/or landscaping?
Brad, I'm sure you're going to love this. It's an architects dream; isn't it?
COMMISSIONER SCHIFFER: Yeah.
MS. F ABACHER: He can still use it, Commissioner.
CHAIRMAN STRAIN: He can still use it? Any public speakers, Catherine?
MS. F ABACHER: No.
CHAIRMAN STRAIN: Any questions of the panel? Ifnot, I'll entertain a motion to recommend
approval for section 4.06.05 -- I'm sorry -- 4.06.05 general landscaping requirements. There's quite a few
sections here. Why don't we just wait and go through the whole thing. I didn't know all those were
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continuous. I think that was actually Mr. Strain's question.
MR. SAWYER: I believe so, yes.
CHAIRMAN STRAIN: I think you just answered that. So I want to make sure that was your same
question. Commissioner Schiffer?
COMMISSIONER SCHIFFER: Yeah. I had a problem on the three foot height that 30 inches two
foot six is the highest you can go without using a guardrail. And you were going to look to see if you could
live with 30 inches or two foot six.
MR. SAWYER: Oh, as far as the height of those walls? I think if that's your recommendation, we
can certainly do that.
COMMISSIONER SCHIFFER: And my concern is that some of the guardrails we see along the
roadways aren't the slickest, and, you know, they're all bent up anodized aluminum pipe. So if we could set
a height of 30 inches, we would eliminate the need for a guardrail. Three foot would require a guardrail
near a walkway.
MS. F ABACHER: That would be in section B, right?
COMMISSIONER SCHIFFER: That's B, correct.
MS. F ABACHER: You changed three feet to 30 inches in height, correct?
COMMISSIONER SCHIFFER: Correct.
MS. F ABACHER:MS. F ABACHER: Just clarifying for all of us. For me.
CHAIRMAN STRAIN: I think the guardrail we have along, for example, Airport Road north of
Pine Ridge --
COMMISSIONER SCHIFFER: That' a classic.
CHAIRMAN STRAIN: Yeah, it is. That's as ugly as they come, and I hate to see more of it, but it
probably was there because the slope and the drop off from the sidewalk was so great. Ifwe require that
guardrail, or that handrail to be less, can then the slope be as steep as it is, and if it can't be, that means you
have to push the right of way either out further, or the roadway in farther. I mean, will those kind of
impacts have an influence on what you're asking for right now?
COMMISSIONER SCHIFFER: I mean, these water management walls, where would they be
occurring?
CHAIRMAN STRAIN: The example you've provided--
MR. SAWYER: Yeah. I guess another classic is Walmart just down the road from us here where
we've basically got a concrete vault that's sitting there. And 20 feet of that we can probably deal with if
we've got some landscaping that at least in part covers it up. I think once we get much past that, we really
start getting an eye sore. And that's what we're really trying to --
CHAIRMAN STRAIN: See, if you restrict the height ofthese retaining walls to 30 inches, that
other Walmart that's in North Naples on Immokalee Road and US 41, you drive into their parking lot and
you see these Pine trees coming up out ofthe middle of the parking lot. You walk up and they're down in
these deep holes surrounded by six-foot concrete walls that if anybody fell in, they would never get out. I
asked one time why they put them there and they said they were required when they went through the plan
review process because they had to preserve certain trees. Well, the only way they could preserve them
was by doing that. Would this prevent that? Because if it does, then what would have been the alternative
for them, is to leave the entire parking lot at a four to one slope away from those trees and not use the
retaining wall and end up eating up more space because of that. I'm just wondering, if we minimize this
height too much, are we going to create hardships in regards to utilizing the retaining walls for the
maximum effect. That is in order to supply the parking lot needed for a structure.
MR. SAWYER: Understood.
MR. MURRAY: Mr. Chariman, may I also point out that conversation probably two years ago
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COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: None opposed. We're moving ahead at lightening speed.
MR. SAWYER: Thank you, Commissioner.
CHAIRMAN STRAIN: Thank you, sir.
MS. F ABACHER: Thank you, Mike. Now don't forget those freebies you promised.
MR. SA WYER: I've got them at my desk.
MS. FABACHER: All right. Mr. Chair, we're on Page 15 of the summary sheet. And we are
moved to section 4.07.02, design requirements. And I think Mr. Weeks is here to explain this amendment.
CHAIRMAN STRAIN: David, what's that happening to your chin?
MR. WEEKS: Can we blame it on Wilma?
CHAIRMAN STRAIN: Well, Patrick had one for a while and his disappeared.
MR. WEEKS: A different part of town. For the record, David Weeks of the comprehensive
planning department. As the brief staff report in your packet explains, there's a few different reasons for
this proposal. Primarily it's one of clarification. It's been a longstanding provision in the land development
code that PUDs must have a minimum of 10 acres in size, but that if the PUD is separated by an
intervening street or road, that the separated portion of the PUD had to be a minimum of five acres. Well,
we also have a provision that in some locations, most particularly in the mixed use activity center, there is
no minimum size requirement for PUD. So there's an inherent conflict there. How do you treat a PUD in
an activity center that might be separated by an intervening road. On the one hand, you have no PUD size
requirement, on the other hand, the separated portion has to be five acres. Similarly for the infill provision
where an infill PUD has a minimum size requirement of two acres, but again, if it's separated by an
intervening road, how do you treat that, the five acres versus two?
An additional issue is that there is no definition of what an infill PUD is. There's a reference in the
existing text to a definition in the growth management plan and the LDC, neither of which contains such
defInition. So the remedy here is to provide for that defInition.
And additional point of clarification is where the existing language makes reference to the fringe,
urban fringe area as identified in the growth management plan. Well, we have two such areas. One is the
urban coastal fringe lying south of US 41 east, and then the other area is the urban residential fringe lying
on the east side of Collier Boulevard and south ofI75. And as I explained in the report, I see no compelling
reason to have this zero acreage requirement. No minimum acreage requirement for a PUD for the urban
residential fringe, that is lying east of County Road 951. Number one, the density limitation of that area is
one and half units per acre. And, secondly, you don't really have the opportunity for a mixed use
development as you would down in the urban coastal fringe area.
Furthermore, in the urban coastal fringe area, the urban -- the future land use development
specifically has language that says it encourages PUD zoning. So kind of putting all this together, is the
background for why I've proposed the language here. To try to remedy these different circumstances and
provide the clarity for how we would deal with PUDs and with different size requirements, and if they are,
have a portion of the PUD separated by an intervening road or street. I'll stop there and if you have any
questions.
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CHAIRMAN STRAIN: This is the one dealing with the word reflective?
MS. FABACHER: Correct. Yes.
CHAIRMAN STRAIN: Okay.
MS. MURRAY: Starts on 179.
CHAIRMAN STRAIN: This is a complicated one. Are there any questions about taking the word
reflected out? I'm sure, Brad.
COMMISSIONER SCHIFFER: It's not just taking the word out. What it's really saying is that
metal panels aren't allowed. Prior to taking the word out.
MR. SCAMEHORN: Beyond 33 percent.
COMMISSIONER SCHIFFER: Right. Reflective metal panels were the only problem child.
MR. SCAMEHORN: I'm not changing anything except the one word, whether, you know, it was
restricted to 33 percent before as well.
COMMISSIONER SCHIFFER: Now there are beautiful pieces of architecture with porcelain
enamel panels totally clouding them, so this would eliminate that, which would make Richard Meyer very
unhappy.
Keith, what do you think, what was the intent when this was written? What's the reflective
problem?
MR. SCAMEHORN: Confusion. The set up was for metal panels. We're trying to keep metal
panels to industrial zoned properties. In this corrugated reflective metal panel, the question that starts
surfaces, how much is reflective, you know. And high definition, anything that's not flat black is reflective.
And black is not allowed by the --
MR. SCHIFFER: Everything we see is reflecting.
MR. SCAMEHORN: Everything is, right, exactly. So this is just a confusion point and it's just
dropping a word to try to eliminate confusion and highlight what we're just focusing on as keeping the
metal panel to 33 percent of the facade.
COMMISSIONER SCHIFFER: I mean, I'm comfortable moving along. I think it makes it easier
for Keith. We can't deal with it the way it is. We have to do something to it.
There is a system is the architectural standards where if Richard Meyer came to town he could go
before a Board and be honored probably with approval.
MR. SCAMEHORN: Ifhe does a museum here, there's alternate--
COMMISSIONER SCHIFFER: There's ways --
MR. SCAMEHORN: He can get a design for that, right.
CHAIRMAN STRAIN: Richard Meyer, does he live here or something?
COMMISSIONER SCHIFFER: He's like--
CHAIRMAN STRAIN: Is he a speaker here today?
MR. SCAMEHORN: He has a house in Port Royal for these German, very affluent German
people.
CHAIRMAN STRAIN: Ifhe cares enough, he should be here in the audience.
MR. SCAMEHORN: He does museums in Germany and all over.
MR. MURRAY: So let me understand, may I please. I don't know what the size of panels would
be. Are they specifically designated sizes panels, or are they just used as a term to describe something
essentially rectangular or square?
MR. SCAMEHORN: Just what--tCOMMISSIONER SCHIFFER: All different sizes.
COMMISSIONER MURRAY: So does that mean that if an architect were to create a facade that
had panels placed in irregular forms or locations just to enhance the look of something, that's now that's
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When we get back, I would like to discuss with the commissioner a termination date for today's meeting.
COMMISSIONER SCHIFFER: One quick thing, Keith, has one more item. Ifwe go through it,
it's a tiny one, I promise you this time, and he could get out of here. So we could give him 30 seconds I bet
we could --
CHAIRMAN STRAIN: No, we're going to have to come back after the break. Fifteen minutes.
I'm sorry. Thank you.
CHAIRMAN STRAIN: I think we can come back to order now. Mr. White wants to put
something on the record. Thanks to the help of our records department.
MR. WHITE: Assistant County Attorney, Patrick White. Just note for the record that the court
reporter has been required to leave, and that we were moving forward with an audio and videotape of these
proceedings, which will subsequently be transcribed and available. And I don't believe they'll create any
legal issue from that, but I would just ask that each of the speakers as they newly come up to identify
themselves and if they're from the public, provide their address. Thank you.
CHAIRMAN STRAIN: Thank you, Mr. White. I want to thank the records department for
accommodating us this afternoon. The rest of the panel, I'd like to see us try to finish this up this afternoon
and hopefully we'll get it done before six o'clock. So, with that, Mr. Scarnhorne and Ms. Fabacher, let's
move forward.
MS. FABACHER: Okay. Now, we are doing on the bottom of page 16 on the summary sheet.
We're going to do, reducing the required width of pathways from 60 to five feet. That's on one page 181 in
your old packet, and Mr. Scarnhorne is going to discuss why.
MR. SCAMHORNE: Again, my name is Keith Scarnhorne, urban design planner doing land
development review. The previous LDC, five foot was was the requirement. There was discussion with
transportation at the time going to go six foot on all sidewalks. That was later not pursued and with
transportation. However, the architectural did get the six foot approval. Since then, as you know, China
has driven the price of concrete, and interest of the public, and interest and all, five foot. The way it was
before is what we're going for again. And we'll leave that as --
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I believe I'm correct in saying that a number ofPUDs were
approved with the requirement for six feet. Will they be relieved of that requirement now in order for us to
be consistent, or will that remain in that ordinance, because they're an ordinance, I would assume -- well let
me just ask the question. Will the PUDs that have already been approved, assuming that they exist, will
they be required to do six feet?
CHAIRMAN STRAIN: Mr. White, I think this is one of your questions for you.
MR. WHITE: I'm sorry?
CHAIRMAN STRAIN: Ifa PUD has a six foot requirement to do a sidewalk and we eliminate the
six foot requirement by this amendment to the LDC, even though the PUD had it stated in it's document,
will it have to end still doing the six foot even though the LDC is changed to five foot?
MR. WHITE: Absolutely.
COMMISSIONER SCHIFFER: Well, and look at this. This is only for sidewalks around
buildings. This is not a subdivision situation. This is not --
MR. SCAMHORNE: It's the sidewalk from the entry to the street sidewalk and between buildings,
yes.
COMMISSIONER SCHIFFER: And essentially, when this was put in, it was felt that the code was
going to change to six feet. It was, you know, a shot that wasn't necessary to take and they want to put it
back to five.
MR. MURRAY: Well, that's the reason I'm posing the question. On the premise, that because
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remember the commission voted to recommend approval of conservation. And this is to allow them to
have that one sign we talked about as a -- as being, you know, remember how we said without going
through site plan review and everything they could just simply put in an access way, a simple sign. Parking
lot, I think it was less than ten, or ten and under. Okay. That's that. And under temporary signs, they made
a change to Section D, which requires you to obtain a temporary use permit to put up the temporary coming
soon sign, you know, as opposed being part of the building permit process because those signs can be up in
a year or more before, so the building actually gets built.
CHAIRMAN STRAIN: Okay.
MS. F ABACHER: Any questions on that?
CHAIRMAN STRAIN: Any questions ofthe panel? I see there's a lot of public speakers.
MS. F ABACHER: No.
CHAIRMAN STRAIN: Okay. Is there recommendation --
COMMISSIONER SCHIFFER: Mark, before you do that --
CHAIRMAN STRAIN: So you do have a question for the panel.
COMMISSIONER SCHIFFER: The fire chief is here and what he was kind of requesting was the
ability that the fire department would like to put signs on sites that they purchased long before they
permitted them to let people aware of the fact that they permitted them. Is there a way we could get that
into this?
CHAIRMAN STRAIN: Well, I think what I discussed with the chief, and I'll relay it to staff, he did
have a concern about Item D, and he asked that, and I suggested after we talked for a while, that maybe if
we were to allow the signs to be erected after the zoning was secured on a piece of property and allowed to
remain in place for up to 12 months prior to the issuance of the building permit, and then this would apply
at the time of building permit, that would work. If they didn't get a building permit after 12 months of
rezone, then the sign would have to come down until they got one. That seemed reasonable to him. Does
that work okay?
MS. MURRAY: Why do they need a sign at that point? I'm just wondering.
CHAIRMAN STRAIN: Because they're concerned that apparently them, for example, they just
started their new station next to Summit Place. They went out there and they couldn't put a sign up so they
started tearing the place apart and a lot of people are coming out of the woodwork wondering why they're
there, how did they get there. I didn't know I moved next door to a fire station. If they had a sign up from
the time they were rezoned, all the new buyers in Summit Place would have been able to see that there was
actually Government institution going in next door. So that's what they're asking for. It didn't seem
unreasonable. Is that going to be a problem though with staffs implementation?
MS. MURRAY: I don't see how it's different from any other use. I mean, what if it's a
commercial shopping center? I mean -- you know what I'm saying? That could be just as objectionable or
positive, however you want to look at it, you know, as a fire station. I'm just trying to understand the
distinction between the two. Try to treat everybody fairly.
CHAIRMAN STRAIN: I'm not saying we would separate them, but would there be a problem with
having a sign erected at the time of zoning that someone's intention is to build on this parcel? Is that a bad
thing?
MS. F ABACHER: Mr. Chair, Diana Campioni is here with a sign.
CHAIRMAN STRAIN: She's not here with signs, she's here to talk about signs.
MS. F ABACHER: I'm sorry.
MS. CAMPIONI: For the record, Diana Campioni, building review, sign review. The clarification
in coming soon signs was it was unclear before when they could actually put a coming soon sign on
property that was approved. And I did speak with the chief outside the door and took his issue into
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signs for essential services, to a different period of time, say 12 months after rezone?
COMMISSIONER MIDNEY: I could accept that.
CHAIRMAN STRAIN: Well, you guys figure out, that's a suggestion to go to the BCC. See how
they feel about it.
COMMISSIONER SCHIFFER: Mark, the only -- the 12 month after rezone, ifI understand the
chiefs problem, it's really prior to rezone that he would like everybody aware.
CHAIRMAN STRAIN: No, he got plenty of notice prior to rezone. In fact, he had to put a
rezoning sign up like he's required to do. He notified the neighborhood. It was quite a contested issue.
And then everything died down because he had to get the funds to build the building that he got rezoned
for, and that's gone on for almost, what, a year-and-a-half, two years. During that period of time there's no
sign on the property because he had to take the zoning sign down. The property sits there like an open field
and the people moving in Summit, or the newer buyers, they're looking out seeing this field thinking, you
know, not knowing what they're moving in against. And, yes, they should have done due diligence but not
everyone ends up doing what they should do. So they moved in and all of a sudden the chief is out there
with large equipment digging the place up and he's trying to tell them he's putting a fire station in, and a lot
ofthem are expressing real concerns about sirens and things that they should have expressed had they been
here when the rezone happened. So, that's what that particular issue came up for.
COMMISSIONER CARON: I think he's just trying to be a good neighbor. I think we should help
him in doing that.
MS. MURRAY: I'm going to keep my comment to myself because we had this discussion at the
rezoning, or whatever it was for that property, and I remember getting quite a bit of criticism for
recommending denial of the training facility for that exact reason, and now all of a sudden it's a problem
and that bothers me. I'll just leave it at that. I think what we'll do is try to look at -- we'll take your
recommendation and bring it to the bored. Is that what you want to do?
CHAIRMAN STRAIN: Yes.
MS. MURRAY: Okay. And then we'll--
CHAIRMAN STRAIN: They didn't get that training facility, did they?
MS. MURRAY: No.
CHAIRMAN STRAIN: Oh, I thought you thought -- okay. You weren't in that argument. We
supported you.
MS. MURRAY: Yeah. It's not a win lose for me. I think the staff got quite a bit of criticism for
recommending denial of the training facility simply from a compatibility standpoint. And now all ofa
sudden compatibility is a problem and we need a sign. You know what JIm saying?
CHAIRMAN STRAIN: But you didn't get -- just for the record though, this board supported the
staffs position on that.
MS. MURRAY: Yeah. I'm not -- it's just a little -- I just don't understand the logic when somebody
thinks something is compatible and all of a sudden it's not and they need a sign. I don't understand that
logic but --
CHAIRMAN STRAIN: I don't think they're compatible.
MS. MURRAY: It's outside of our scope. I'm sorry.
CHAIRMAN STRAIN: I don't think it's compatible either, for the record, but I think the sign
would help tell the innocent people that come in --
MS. MURRAY: I agree. As a public we should be concerned about, no doubt.
COMMISSIONER MIDNEY: You don't want to do a motion, Mark?
CHAIRMAN STRAIN: Oh, yeah, I'm going to go there now. Recommendation for approval--
yeah, I'd like this board to entertain a recommendation to approve section 5.06.04 and find it consistent
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the photometric plans, doing the designs for the entrance lighting. And that's why we came up with this.
And they were in agreement that that was a fair number, it provided adequate lighting and we also went
with the recommendation of full cutoff optics. So when you were driving down the roadway, you wouldn't
be looking at the light in your eyes like you see in some of the roads out here currently. That's where we
came up with those numbers.
MR. MURRAY: So if I understand that correctly, that's a consensus or agreement among qualified
individuals, but not taken from any standard by any Federal state or any other forum, correct?
MR. COSTELLO: We use some of the guidelines and IESA, if I'm saying that acronym correctly.
And we met with some of the professionals in the area and we took field measurements. So we did a broad
review and we talked to the development and the design community, we looked at the guidelines, took
some field measurements, and it was a conservative number. Some were a little higher, some were a little
lower. It was all within a foot candle range. A foot candle range that the naked eye couldn't really pick
up.
COMMISSIONER MURRAY: You did how many again?
MR. COSTELLO: Probably about 20 or so.
COMMISSIONER MURRAY: And you feel that's an adequate evaluation for all probabilities?
MR. COSTELLO: Yes, sir. We probably went with some of the worst offenders and some of the
ones that were too bright, and we went with some of the ones that were too dim and we found the 2.0 that
we had in the original code was pretty safe, pretty bright. The only problem we had was that we wanted to
see full cutoff optics, because when you were driving on the road, you don't want to look at the light.
MR. MURRAY: Sounds like you're doing a good job.
MR. COSTELLO: Thank you.
CHAIRMAN STRAIN: Commissioner Schiffer?
COMMISSIONER SCHIFFER: Nick, up at the top of 188, Page 188 there's a -- I think you need a
little bit more. It says the i.e. standards for street lighting are as per IESA, and then except as below, but
you eliminate everything below. Shouldn't you remove the except as below?
MR. COSTELLO: Correct.
COMMISSIONER SCHIFFER: Just a scribner point.
MR. MULLER: I think below at the entry or exit. I think where we define it.
COMMISSIONER SCHIFFER: Well, that would be -- then there's a formatting problem if that's
the case.
MR. MULLER: It should probably say except as below, or exception B.
COMMISSIONER SCHIFFER: If that what's you want.
MS. F ABACHER: Mr. Chair, I had a question along that line that I probably should have asked
you a long time ago, but -- on A, street light standards shall be designed installed utilizing the IES standard.
Is that supposed to now to go IES&A standards, or--
MR. MULLER: Correct.
MS. F ABACHER -- or do you want to say using illumination standards for each street per.
MR. MULLER: Well -- for the record again, Russ Muller. That IES&A RP8.00 is a book. And
the IES is the standard.
MS. F ABACHER: Okay. So it's fine the way it is.
MR. COSTELLO: We can say as updated just to make sure.
MS. F ABACHER: No, I'm just asking. Thank you.
CHAIRMAN STRAIN: Any other questions? If not, my turn. Page 187 under the title of change,
and requirement for full cutoff picture. Are you suggesting that we have full cutoff lighting fixtures
throughout all the roads in every project from here on out?
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December 1,2005
MR. COSTELLO: My main concern would be the county right of ways. So if we want to make
that change, we will, and if you want to make that recommendation, we'll make that change going forward.
CHAIRMAN STRAIN: Okay. Any other discussion? How about public speakers?
MS. F ABACHER: No, they're not here.
CHAIRMAN STRAIN: Is there a motion to recommend approval for section 6.06.03 and fmd it
consistent with the growth management plan with the subject change that this will be applied to county
right of way entrances only.
MR. MURRAY: Yes.
CHAIRMAN STRAIN: Nowhere else.
MR. MURRAY: So moved.
CHAIRMAN STRAIN: Motion made by commissioner Murray. Is there a second?
COMMISSIONER MIDNEY: Second.
CHAIRMAN STRAIN: Second by Commissioner Midney. All those in favor signify by saying
aye.
COMMISSIONER STRAIN: Aye.
COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Thank you. What a tag team you guys are.
MR. MULLER: Thank you, Commissioner.
CHAIRMAN STRAIN: Thank you.
MS. FABACHER: All right. Mr. Chair, we are on page 18 ofthe summary sheet. We're looking
at section 9.04.02, which is in page 190 of your packet. And I don't think that assistant county attorney
Student is here, so I will try to fill in on the legal aspect of it, and Barbara Burgeson is here from
environmental services in case you have a environmental question.
You all got the picture of Plantation Island one, two and three -- units one, two and three.
Essentially, they are -- we made -- Susan, you may have to help me here. We made an agreement -- we
settled a case with the -- was it with the state? No, the DCA whereby we would find a way to allow people
to use these lots, otherwise it would be a taking. And part of the agreement was -- am I right, Patrick?
MR. WHITE: So far.
MS. F ABACHER: Okay. We would give them some relief. So this variance has been put in to
create that relief for these specific lots. And they still have to go by, you know, have to hold a
meeting of the Big Cypress area of critical state concern and that's it.
CHAIRMAN STRAIN: Any questions before I start mine?
COMMISSIONER SCHIFFER: I have some more.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER SCHIFFER: Just on the charts you gave us, are the lots in question only those
that appear to look like a trailer park, or how about the ones across the waterway? Is it every lot in this
area?
MS. F ABACHER: It's the vacant lots in that area. Susan -- I mean, Barbara do you know?
COMMISSIONER SCHIFFER: The vacant ones are the ones I'm worried about.
MS. F ABACHER: I think it's labeled on the photograph.
COMMISSIONER SCHIFFER: Is it the ones that are colored in yellow.
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December 1, 2005
CHAIRMAN STRAIN: I know, but we already realized when we don't think, there always is, so
does here have any comments? Brad?
COMMISSIONER SCHIFFER: No.
CHAIRMAN STRAIN: Okay. No public?
MS. F ABACHER: No public.
CHAIRMAN STRAIN: Is there a motion to recommend approval of section 10.02.06 and find it
consistent with the growth management plan?
COMMISSIONER MIDNEY: I so move.
CHAIRMAN STRAIN: Motion made by Mr. Midney.
COMMISIONER TUFF: Second.
CHAIRMAN STRAIN: Second by Mr. Tuff. Discussion? All those in favor?
COMMISSIONER STRAIN: Aye.
COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Anybodyopposed? No one. Thank you.
COMMISSIONER SCHIFFER: Is there a reason we skipped page 192?
MS. FABACHER: Yeah.
CHAIRMAN STRAIN: That was withdrawn. That was withdrawn.
MS. F ABACHER: Also page 197 is withdrawn.
CHAIRMAN STRAIN: We're on 199 now.
MS. F ABACHER: Right. We're on page 199 in your old packet. And let's see, all we did on
this one was to change the citation. If you look on -- a reference. If you look on page 200, when some of
the other language changed during the last cycle, then we missed changing this citation. So this just
corrects the citation to reference the correct --
MS. MURRAY: Section number.
MS. F ABACHER: Thank you.
CHAIRMAN STRAIN: Any questions from the panel? Mr. Midney, I be this one will go through
fine.
COMMISSIONER SCHIFFER: I don't have any objection to it.
CHAIRMAN STRAIN: Is there a recommendation to approve section 10.02.13 and fmd it
consistent with the growth management plan?
COMMISSIONER MIDNEY: I so move.
CHAIRMAN STRAIN: Thank you.
COMMISSIONER MIDNEY: I'll second.
CHAIRMAN STRAIN: Motion made by Mr. Midney and second by Mr. Schiffer. Any
discussion? All those in favor signify by sayirIg aye.
COMMISSIONER STRAIN: Aye.
COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COM}1ISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
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December 1,2005
know.
MS. F ABACHER: I agree.
MS. MURRAY: It's really dependent on where the subject property is, but most of these are going
to be, you know, for conditional uses and things like that anyway.
CHAIRMAN STRAIN: Not intense.
MS. MURRAY: On the main roads. I mean, they're not in the middle of neighborhoods, per se,
on, you know, on dead end streets at the end or something like that.
MR. MURRAY: They still have to put a sign up? They still have to advertise?
MS. MURRAY: Correct.
CHAIRMAN STRAIN: Why don't we just leave it like it is.
MS. F ABACHER: Good idea.
CHAIRMAN STRAIN: Why make life harder?
COMMISSIONER SCHIFFER: I mean, the only thought that I would throw in was maybe the
streets in which it's on, you can notify property owners along that. But once you put the sign up, they go by
the property they see the sign and they can take an interest. It's the people in the back that wouldn't see the
sign and you pick up with that.
MS. F ABACHER: Right. I think Joe's attitude was let's give the planning commission and the
board a chance to look at the issue and see what they think. Thank you.
CHAIRMAN STRAIN: Well, the consensus of the board seems to not let this one go forward. So
is there a recommendation to deny --
COMMISSIONER MURRAY: I would make that recommendation.
CHAIRMAN STRAIN: -- 10.03.05 and find it inconsistent with the growth management.
COMMISSIONER MURRAY: I would make that motion.
COMMISSIONER SCHIFFER: I'll second.
CHAIRMAN STRAIN: Motion by Mr. Murray, seconded by Mr. Schiffer. Discussion. All those
in favor.
COMMISSIONER STRAIN: Aye.
COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER TUFF: Aye.
MR. WHITE: Was the form of the motion that it was consistent or inconsistent?
CHAIRMAN STRAIN: Inconsistent.
MR. WHITE: Thank you.
MS. FABACHER: Okay. Thank you. We're on the next page 21, and we're in the same section of
the code the land development code which is the public notice requirements at 10.03.05. What we did back
in the last cycle was --
CHAIRMAN STRAIN: Wait a minute. Mine has a big gray section on it.
MS. F ABACHER: That's because you hadn't seen it before.
CHAIRMAN STRAIN: Well, do we have -- where is that paper to be found?
MS. F ABACHER: I'm sorry. That paper came -- okay now I'm in your October 18th packet.
CHAIRMAN STRAIN: Before we go into that packet, let's finish up the back of the original book,
which is page 203, then we can put that book aside and start on the new one.
MS. F ABACHER: Good idea.
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Decl~ J, 105
the lot. That is a circumstance where the property owner at some point in time, for whatever their reasons
may have been, would have previously chosen to go ahead and replat or recreate a lot. They would then
have to come in and comply with whatever the LDC then said. We're not changing that. Same thing under
B, you come in and recreate the lot of parcel or you want to redevelop your parcel on your own, absent and
independent of this acquisition of the land for public use, you've got to follow the rules that then exist.
Nothing is deemed cured.
Subsection C looks at the point in time as part ofthe taking process. If the property owner would
otherwise have to come in and ask the county for some type of a development approval in order to effect
the taking, in order to comply with the order of taking. In other words, a building permit, site development
plan, something along those lines. Then the only new restriction is that you can't make something that
other than for the purposes of the taking, that was previously nonconforming. You cannot make that more
nonconforming. Okay? So, A operates independent with respect to the land; B operates with respect to the
other regulations that are not pertaining to the actual dirt; C operates in a circumstances where in order to
effect the order of taking, you need a development order development permit, you have to come to county,
you can't make anything under be more nonconforming. Okay? And other than that, everything else is
considered cure by these rules. We've had discussions in front ofthe DESAC subcommittee and had
discussions with staff more recently and agreed -- and I'm certain that Nick agrees that the balance of the
text that follows in subsection C, that last phrase is pertaining to except and all the words thereafter. We've
agreed to withdraw those. It was intended to create a circumstance where the staff would have authority to,
ifit was agreed by the experts for the property owner and the experts for the county as part of the taking,
that some additional degree of compliance with the LDC could be obtained without additional cost. In
other words, you're going to relocate a building that previously was not the correct architectural, let's say,
color, and there was no additional cost to make it the right color, or, quote, compliant color. Staffwas
authorized to impose that as a condition of the development approval.
We've agreed that that is something we ought to take some time to investigate further. See how
these rules apply over the intervening, you know, six, eight, whatever months with the now pending taking
cases and see how things turn out. Ifwe need to come back and, you know, add this degree of flexibility,
its something that can be done in the future.
With that said, I'm just going to ask Nick to talk a little bit about what the fiscal operationals are so
we can get that out of the way in case there might be some questions on it.
MR. COSTELLO: For the record, Nick Costello, transportation, once again. Thank you. I have
been here a little over a year. I come from the private side. I have been in several development review
applications where this has come to affect. And I've got to give Patrick a lot of credit because nobody
wanted to touch this puppy. It was very difficult for him to write. It was very difficult for me to understand
and work with him on. And speaking to the people that work in the right of way department and
transportation division, terrible waste of our impact fees, our time and our money. And the last
pre-application meeting I was at, there was a gentleman there from the private side whose only function
was to see how much money he could get for his client in the settlement charges for the impact fees. And
that was his only job there. And to me, the fIrst thing I did was walk back and talk to staff and said what
are we doing? It's a terrible waste of our funds, our time and our effort. To Pat's credit to help me put this
together and bring it to you. And I'll answer any questions that you may have.
CHAIRMAN STRAIN: Brad?
MR. WHITE: I'd just ask Nick what estimates. I know he's got it written there. What the financial
impact on the county would be?
MR. COSTELLO: Sure. Talking to Kevin Hendricks, we estimated approximately almost
$1,750,000 this year alone on fiscal '06 that just went by. Approximately three to five percent of right of
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December 1, 2005
about how to apply that ABC logic. Arguably here, you don't need to apply C in order to effect the order of
takirIg. That means unless there were present plans for that property to bring forward an addition, they're
talking about some future right. That future right has some value, but it is supposed to be accounted for as
part of what the damages are that are paid for.
COMMISSIONER SCHIFFER: So let's just give an example. Let's say he was 30 feet from the
property line, 24 was the setback.
MR. WHITE: Uh-uh.
COMMISSIONER SCHIFFER: And you took ten, or you took 15 feet, so therefore he's
nonconforming. He's 15 feet from the property line. He would have been able to build an addition 15 feet
offhis existing cage, but at the time of taking, you would calculate his loss to be able to build that addition?
MR. WHITE: I don't know that they will or won't. But I'm saying that under this rule, it will be
deemed as to the diminutin as conforming.
COMMISSIONER SCHIFFER: If it exists?
MR. WHITE: Yup. And it's more intended to address existing circumstances than future
contemplated development, because someone, I think, can equally argue from our experts side and take a
situation like that you hadn't sought to do so. And whatever it is that you're going to be compensated for
the loss ofthe value of your land, is more than adequate to compensate for the loss of the use of that land
under it's highest and best use. Weare looking to try to draw the lines a little brighter and tighter so in that
give and take of discussion and negotiation, assuming we don't have to go to litigation, there's more clarity
for both the staff and the property owner -- for the county and the property owner. I'd be happy to talk
about any number of examples.
COMMISSIONER MURRAY: Can I?
MR. WHITE: Yes, sir.
CHAIRMAN STRAIN: Go ahead, Bob.
MR. MURRAY: Just for my clarification, in the taking, the damages to the loss of the space that is
necessary to be taken is considered. If there were a structure of some sort, like the pole house that had to be
moved in order to initiate the setbacks again, that would be an additional charge that you're referring to; is
that right? They would seek compensation for the removal and replacement on site or what?
MR. COSTELLO: The county would pay for that. That's existing, that wouldn't change.
MR. MURRAY: That would not change?
MR. COSTELLO: We would still do that. In other words, if the roadway widening required us to
relocate a building to a different part of the property, it's part of the judgment and the settlement or the
negotiation. We'd say, the gentleman might say mI want to remove the building to this area, and they
would talk about that with the right of way division and it could be relocated. that's not the part that we're --
MR. MURRAY: Okay. Well, then help me a little bit more. Because I know you said further, you
mentioned something about a call or somebody, or someone did.
MR. COSTELLO: If further -- in that relocation they move the building to the side of the road, let's
say it meets the setback at 30 feet, now that requires an SDP, site development plan, to initiate that move
because you may be relocating some parking, doing stufflike. At that point in time, here's where the
trigger comes in. Once you go to that site development plan, you are to do all these other things to comply
with the site development plan requirements. Now it will say, well now that pole barn has to meet the
architectural standards. It's facing a collector so it has to meet those requirements. Now we'll look at the
rear of the lot and therefore, you'll have to put up a privacy wall. You may be subject to a 25 year stone
berm. You may be subject to all these other requirements. In doing so, the owner of the property does not
have to do these things. He can just take the check and walk away.
MR. MURRAY: That's I guess where I'm a little bit -- he does not have to do these things. You're
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December 1, 2005
interesting to apply it. I think you'll look to see some changes to it after we apply it for a time, but I think
overall this probably addresses all the concerns that they were looking to in cases like this, for what that's
worth.
MR. MURRAY: Under the example that was given though, the one about the person walking away
with all those dollars, he flips the property, sells the property, essentially the person that has now acquired
the property new to them, they're looking at a new configuration of property.
MR. COSTELLO: Sure.
MR. MURRAY: They now have to apply if they're going to go for site development plan. They
have to pay all those fees and do all those things anyway. So, it seems a gift to give somebody something
that they mayor may never be subject to, especially ifthey can walk away. So I certainly understand it I
think now. I appreciate it.
CHAIRMAN STRAIN: Any other comments from the commission? How about all the public
speakers?
MS. F ABACHER: None. Thank you.
CHAIRMAN STRAIN: Is there a motion for approval, for recommendation of approval of section
1.04.04? Would the striking ofthe word after the -- in item C -- I think is the words except, past the word
except, and fmding it consistent with the growth management plan.
COMMISSIONER CARON: So moved.
CHAIRMAN STRAIN: Motion by Ms. Caron.
COMMISSIONER MURRAY: Second.
CHAIRMAN STRAIN: Second by Commissioner Murray. All those in favor signify by saying
aye.
COMMISSIONER STRAIN: Aye.
COMMISSONER MURRAY: Aye.
COMMISSONER ADELSTEIN: Aye.
COMMISSIONER CARON: Aye.
COMMISSIONER MIDNEY: Aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Motion carries. Thank you, Nick. I have, Catherine, two other -- three
sections actually left, but I notice there's only one gray area left in our summary sheet.
MS. FABACHER: That's correct. Well, can we go in order still?
CHAIRMAN STRAIN: Oh, yeah. I just want to make sure--
MS. F ABACHER: That's correct, we're almost done. If you go to page two ofthe summary sheet
then, we're looking at page four of your new packet now. We're working on the new packet. We finished
the old. So following the transportation amendment now we have this -- you asked us to bring back the
definition oflot width. Now we have really worked on this one. And what we're going to say to you is we
want to defer it until the next meeting because we have been working with Patrick and Susan and I, and
we're thinking about instead of having the measurements -- remember we talked about--
CHAIRMAN STRAIN: Let's just defer it to the next --
MS. F ABACHER: Okay. We're deferring it.
COMMISSIONER CARON: Let's be clear about--
CHAIRMAN STRAIN: The one for lot and width depth. The first one on page 2 of the summary
sheet. It's the one for lot and width.
MS. MURRAY: DefInition for lot and width.
MS. F ABACHER: Okay.
Page 121
Del~J 1 ~2005
just the word seawall, we say the water side face of the seawall.
MR. WHITE: And that is not consistent with the way that the staffhas applied those provisions.
And I think what it's going to require is looking back at the provisions we talked about earlier in 22-30 I.
That's ordinance 85-2 as amended, and see if there's any further direction there. But in order to be
consistent with what the staffhas done, and how they have essentially as I've said in working on these
things, where do you put the, you know, the beginning end of that measuring tape.
COMMISSIONER SCHIFFER: Where do you put it on a seawall?
MR. WHITE: If the seawall has no cap or the cap is the same face as the seawall itself, then I
believe that it is the water word edge. What I think has been done when there is a cap that extends is they
take an average -- kind of the mid point of it.
COMMISSIONER SCHIFFER: The problem I'm having, and again, I argue the ordinance.
MR. WHITE: Which, obviously is inconsistent with your suggestion about the face.
COMMISSIONER SCHIFFER: That's like measuring from a car, where do you measure from a
car? And the other question is bulkhead. What exactly do you mean by that? What is --
MR. WHITE: I was going to mention earlier when we talked about this that a lot of times in days
of old Dallas County I think is a good example of this, people platted lots right out into the water, knowing
it was the water, and they went out and they bulkheaded them, which is the equivalent of a seawall. And
statutorily they came back and fixed it and said that is the land. They did that by state statutes. So
bulkheading is a term that I think derives more from the Florida statutes than local usage, but I think it's
synonomous with, and would be measured in the same manner as the face, or of a seawall, the bulkhead lot.
There are some statutes that talk about where you own from relative to where you bulkheaded to in
combination with where those platted lot lines were. And it goes back in a county like Pinellas where there
was so much of that that was done and kind of resolves a lot of what became title issues. Title issues.
COMMISSIONER SCHIFFER: But you're going to come back --
MS. F ABACHER: Does that answer your question about the bulkhead? Does that clear it up?
COMMISSIONER SCHIFFER: Yeah.
MS. F ABACHER: You drive pilings, you put in a dead man, you anchor the pilings to the dead
man, you put some boards on the back ofthe pilings and that's the bulkhead.
COMMISSIONER SCHIFFER: Okay.
COMMISSIONER CARON: But we determined that you're going to go look at this?
MS. F ABACHER: Right. So we'll be bringing this one back anyway.
COMMISSIONER CARON: So we'll do this on the 15th?
CHAIRMAN STRAIN: Yes, ma'am. I have a question. The last sentence under yard waterfront,
however DC yards shall never be less than 10 feet for any structure, unless specifically provided for in
section 4.02.03A three table four dimensional standards for accessory buildings and structures on
waterfront lots and golf course lots. I think you need another table in there and it would be under section
4.02.01 table 2.1 and it would be for marinas because marinas have zero setback.
MS. F ABACHER: Marinas, oh.
CHAIRMAN STRAIN: Right. So a marina can be right on top of a seawall of the property line, so
with that your ten feet would be a conflict. So if you look at that when you come back so that the exception
is in there as well.
MR. WHITE: Low and behold when you look at the table, none of them are less than ten. So -- we
know we got some fIxing to do.
MS. FABACHER: We were going to look at it some more, but when we looked at it the last time
we said, well, I think it's all covered in that table but we weren't sure.
All right. Last item for today would be, I believe in your packet, it would be the next -- no, where it
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December 1,2005
COMMISSIONER TUFF: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Catherine, I think that takes care of it.
MS. F ABACHER: I believe it does, Mr. Chair.
CHAIRMAN STRAIN: Now, what I'd like to ask on the 15th, we've deferred a series of things.
We're going to be changing the Gateway Triangle Bayshore again, from what I heard. You're going to
amend some language in the Golden Gate one. You've got about five or six small ones as a result of today.
Could you give us a new booklet numerically for the new summary, so that when we all come to the next
meeting, we have one new booklet, everybody consistent on the same page and that might help us move
through it quicker.
MS. F ABACHER: Not a problem, but I won't be able to get it to you two weeks before.
CHAIRMAN STRAIN: No, a week before. Thursday or Friday -- it's to be a smaller booklet.
We're not going to have much on the lOth so we should be able to dive into that. And we've already got
drafts on the Bayshore and Gateway one we can start reviewing.
MS. F ABACHER: Well, I'm afraid they're going to change again.
CHAIRMAN STRAIN: Well--
MS. F ABACHER: I'll try -- I will put that in your new packet, Mr. Chairman.
CHAIRMAN STRAIN: It will be a lot less than what we've got this time and hopefully we'll get
through it.
MS. F ABACHER: No problem.
CHAIRMAN STRAIN: I don't think there's anything else on the agenda.
COMMISSIONER SCHIFFER: Just one quick question, Mr. Chair. Is there a way we could get a
group together off cycle to try to figure out how to do less paper than we're doing? I mean, I'm politically
incorrect probably, but also there's a lot of redundant Xeroxing going on.
MS. F ABACHER: Actually, this time I think I cut that out.
COMMISSIONER SCHIFFER: We're getting better. And here's the problem -- again is what you
do is, if you do mark up a set, and pitty the poor guy that marks up the first set, if you mark up the set,
you're constantly transferring --
MS. F ABACHER: Well, I have a couple of ideas for that. I don't think we ever told you, but we
just started a new committee, an LDCA kind of writing and vetting committee. You might want to
describe it differently. So we will be vetting internally, hopefully, so there won't be so many last minute
revisions and we won't be working on this stuff during the cycle, which I think is wrong. We also decided
not to take -- which Joe directed us to put a drop dead date for staff submittals this time. There's a first
date, but then drop there's a drop dead, and after that, that's before you even get a packet. There aren't
going to be any changes or new additions. So, we're hoping that will help. And the third thing is,
everything is kept revised on the zoning and land development review page of the county internet under
LDR. The summary sheet, I keep it on there revised. I keep all the latest revisions of the amendment, so
for those who can at any time want to access those things, they can. I will still send out the hard copies to
you.
CHAIRMAN STRAIN: Unfortunately, I have to request that, unless the county will provide me
with a laptop that's functionable, a wireless internet access and a printer, I'll need the hardcopy.
MS. F ABACHER: Well, you'll still get them. I just mean for your convenience it's there.
CHAIRMAN STRAIN: I know. I understand where Brad is trying to go, but every time we try to
do that we miss paperwork and you guys try to email it and then we've got 5to have printers working.
MS. F ABACHER: I understand. I was directed not to email you anymore, and I'm not going to.
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RECE\VED
JAN 2 7 2006
Board of County Commissioners
NOTICE:
Fiala "lr/ _
Halas
Henning /_
Coyle _ . _~_
Coletta _ _.__"'~
The February 2, 2006,
CCPC Meeting
has been CANCELLED.
The next CCPC meeting with
petitions to be heard will be
February 16, 2006.
II"::;,,. ,-,,,,,t;S.
Date:
Item #
c .
1611
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, FEBRUARY 16,2006, 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 MAYBE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM
OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE,
WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN
PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF
THE RECORD AND WILL BE A V AILABLE FOR 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 VERBA TIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY CLERK
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - DECEMBER 15,2005, REGULAR MEETING
6. BCC REPORT- RECAPS - JANUARY 10,2006, REGULAR MEETING; JANUARY 24, 2006, REGULAR MEETING
7. CHAIRMAN'S REPORT
8. ADVERTISED PUBLIC HEARINGS
A. Petition: BD-2005-AR-8642, John Phillips, represented by Turrell & Associates, is requesting a 32-foot boat
dock extension from the allowed 20 feet for a protrusion of 52 feet into the waterway. The subject property is
located at 224 Malibu Cove, Southport on the Bay Unit 1, Lot 21, Section 6, Township 48 South, Range
25 East, Bonita Springs, Florida. (Coordinator: Joyce Ernst)
B. Petition: VA-2005-AR-8616, Daniel Hamilton, represented by Davidson Engineering, requesting an after-
the-fact variance for a single-family home currently under construction. The proposed project name is Pocchi
Variance. The house encroaches 2.5 feet into the required 37.5-foot front yard setback on the southern side
of the property. The subject property consisting of 2.58 acres, is located at 4625 30th Avenue S.E., in
Section 28, Township 49 South, Range 28 East, Collier County, Florida. (Coordinator: Carolina Valera)
1
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C. Petition: V A-2005-AR-8693. Eberhard Thiermann, represented by Richard D. Y ovanovich, of Goodlette,
Coleman, & Johnson, P.A., is requesting a variance from the required 10-foot rear setback for a pool and
screen enclosure of 3.2 feet in the RSF-3 zoning district. The subject property is located at 117 Channel
Drive, in Section 29, Township, 48, Range 25, Collier County, Florida. (Coordinator: Heidi Williams)
D. Petition: PUDZ-A-2004-AR-6283, Lely Development Corporation represented by Vincent Cautero, AICP,
of Coastal Engineering Consultants, Inc., requesting a rezone from the PUD zoning district to the PUD
Planned Unit Development known as Lely Barefoot Beach PUD by revising the PUD Document and Master
Plan to show a change with Tract "J" from a utility site to a residential development site and formatting
changes to the PUD document bringing it into conformance with County requirements. The property,
consisting of 461.65 acres, is located in Sections 5, 6, 7 & 8, Township 48 South, Range 25 East, Collier
County, Florida. (Coordinator: Melissa Zone) RESCHEDULED - NEW HEARING DATE TO BE
DETERMINED
9. OLD BUSINESS - Discuss issues raised by Brad Schiffer regarding Bayshore Gateway Landscaping - LDC amendment
10. NEW BUSINESS - Workshop discussion for Higher Regulatory Criteria additions to the Flood Damage Protection
Ordinance
11. PUBLIC COMMENT ITEM
12. DISCUSSION OF ADDENDA
13. ADJOURN
2-16-06/CCPC AgendaIRB/sp
2
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RECEIVED
JAN 3 0 2006
Board of County Commissioners
MEMORANDUM
DATE: January 26,2006
Each comm. Rec1d Copy
TO: Board of County Commissioners
FROM: Barbetta Hutchinson, Executive Secretary, OMB
SUBJECT: Productivity Committee Meeting Minutes
Enclosed for your information and files are the Productivity Committee's Regular Meeting
agenda and minutes of December 21,2005. In addition, the minutes of the Park Impact Fee
Subcommittee meeting from January 13, 2006 are also enclosed.
Please do not hesitate to contact me at 774-8973, or Mike Sheffield at 774-8569, should you have
any questions.
C: Jim Mudd, County Manager
Leo Ochs, Deputy County Manager
Crystal Kinzel, Director, Internal Audit, Clerk of Courts
Mike Smykowski, Budget Director
Jeremy Giles, EDC
Collier County
Office of Management and Budget
3301 Tamiami Trail, East
Naples, FL 34112
Voice: (239) 774-8973
Fax: (239) 774-8828
Misc. COrrE~s:
Date:~/a~/o~
Item#:Jio I.~~+
Copies to:
1611
Collier County Government
Productivity Committee Agenda
December 21, 2005
2 P.M.
I. Introduction
A. Opening Remarks
B. Approval of November 16, 2005 Productivity Committee Meeting Minutes
C. Acceptance of the Employee Benefits Subcommittee meeting minutes from November 29, 2005
D. Acceptance ofthe EMS Impact Fee Review Subcommittee meeting minutes from December 6,
2005
E. Acceptance of the Fire Services Impact Fee Review Subcommittee meeting minutes from
December 6, 2005
F. Acceptance of the Rule and Procedures ad hoc Subcommittee meeting minutes from November 7,
2005
II. Old Business
A. Employee Benefits Subcommittee Report-Dex Groose
B. EMS Impact Fee Review Update-Janet Vasey
C. Fire Protection Impact Fee Review Update-Janet Vasey and Matt Hudson
D. Rules and Procedure Subcommittee Update-Joe Swaja
E. Review of Letter to BCC concerning School Impact Fees-Janet Vasey
III. New Business
A. Tax Rates for 2006-2007 Commissioner Henning (This item has been added to the agenda at the
request of Commissioner Henning) 3 :00 time certain
B. Discussion regarding potential BCC appointees to fill vacancies-3:30 time certain
C. Sunshine Law Refresher- Mike Pettit, Deputy County Attorney 4:30 time certain
IV. Comments/Suggestions
V. Adjourn
The next meeting is scheduled for Wednesday, January 18, 2006, at 2 p.m. in room 609/610 of the Collier
County Community Development and Environmental Services Complex, 2800 North Horseshoe Drive, Naples,
Florida
1611
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
Minutes - December 21, 200S; 2 p.m.
Members Present: John Barlow, Syd Blum, Dex Groose, Steve Harrison, Joe Swaja,
JimVanFleet and Janet Vasey.
Members Absent: Larry Baytos, Matt Hudson and Helen Philbin
Liaison: Commissioner Halas was present.
County Mana2er's Staff Present: Amy Patterson, Impact Fee Manager, Community
Development; Paula Fleishman, Impact Fee Coordinator, Community Development;
Michael Sheffield, Assistant to the County Manager; and Barbetta Hutchinson, Office of
Management and Budget.
Guests Present: Carol Golightly, Finance Director of the Sheriffs Office; Crystal
Kinzel, Clerk's Finance Director; Employee/Labor Relations Manager; Mike Brown,
Productivity Committee Applicant.
1. INTRODUCTION
Approval of Minutes from the meeting on November 16. Dex Groose had some changes
to the minutes. John Barlow made the motion to approve with said changes, Jim Van
Fleet seconded. The group unanimously approved.
Acceptance of the Employee Benefits Subcommittee meeting minutes from November
29. Dex motioned to accept, Syd Blum seconded. The group voted unanimously to
accept.
Acceptance of the EMS Impact Fee Review Subcommittee meeting minutes from
December 6. Janet Vasey motioned to accept, John seconded. The group unanimously
accepted.
Acceptance ofthe Fire Services Impact Fee Review Subcommittee meeting minutes from
December 6. Janet motioned to accept, John seconded. The group unanimously
accepted.
Acce?tance of the Rules and Procedures Subcommittee meeting minutes from November
7. Steve Harrison motioned to accept, John seconded. The group unanimously accepted.
Page 1 of 4
1611
II. OLD BUSINESS
Employee Benefits Subcommittee Report. Dex reviewed the report with the group. Over
the past year and a half, the subcommittee has reviewed the benefits ofthe County and
the surrounding private sector. Dex said that Larry Baytos greatly helped the group
finalize the report and bringing up last minute questions. The group recommended that
the County remain self-insured; all County Constitutionals move to the adoption of a
uniform schedule in health care cost sharing for all employees in similar positions; an in-
house clinic be founded; health savings accounts be offered to employees; among other
recommendations. Dex also stated that the Florida pension plan is one of the best plans
available because most organizations have employee subsidized 401K plans. Steve
motioned to accept the recommendations, Jim seconded. The group unanimously
approved. Mike Sheffield passed out a signature page for all present to sign. ~Dex will
write a cover letter for Joe Swaja's signature and send it to Mike Sheffield.
Fire Protection Impact Fee Review Update. Janet Vasey told the group about the
subcommittee meeting and commented on the paper that Larry Baytos wrote to the
Productivity Committee. The subcommittee reviewed the Fire Districts from Ochopee
and the Isles of Capri. The recommendation was to disregard the plan for the new fire
station, but keep the new vehicle purchases. Janet recommended that the rate be
approved and forwarded with the letter from Larry to the BCC. Syd motioned to accept,
Jim seconded. The group unanimously approved.
EMS Impact Fee Review Update. Janet told the group the final meeting of the
subcommittee was held. The recommendation to Jeff Page, EMS Director, was to look
for owning property instead ofleasing because when you lease you don't get any credit
for it in impact fee calculations and you are paying for the leases out of property tax
dollars (operational money) instead of impact fees. Janet said the recommendation is to
co-locate where possible, but own the land. Janet recommended that the group approve
the impact fee study. John motioned to accept, Dex seconded. The group unanimously
approved.
Rules and Procedure Subcommittee Update - Jim redrafted the proposal for the ordinance
to clarify the role of the committee with reference to functions, as well as membership.
Jim motioned to approve the ordinance, Syd seconded the motion. The group
unanimously agreed. Mike will submit the revised draft ordinance to the BCC. The
meeting procedures were individually reviewed by the group. Syd motioned to accept the
procedures as written, Dex seconded the motion. The motion was unanimously carried.
Parks and Recreation Beach Access Impact Fee Subcommittee - Volunteers included Syd
as Chairman and Janet will assist.
Transportation Impact Fee Subcommittee - Volunteers included Janet as Chairman, Syd
and Jim will assist.
Page 2 of4
1611
Review of Letter to BCC concerning School Impact Fee - The committee reviewed the
letter that was written by Janet and amended by Jim regarding the school impact fees.
Mike read comments written by Larry Baytos concerning this subject. Janet motioned to
approve the letter as amended by Jim, Jim seconded the motion. The group unanimously
approved. ~Barbetta will put the letter on Productivity Committee letterhead and
give to Mike Sheffield for Joe Swaja to sign. Mike passed around a signoff sheet for all
members to sign to be sent with the letter.
III. NEW BUSINESS
Tax Rates for 2006-2007 - Commissioner Henning - (3 :00 p.m. time certain) -
Commissioner Henning gave a presentation regarding taxes. Historical information was
given regarding property taxes showing that the rate of growth of property taxes has
almost doubled over the last four years. He also showed figures if only new construction
dollars had been added. He asked the group to support his proposal for tax roll-back. He
added that ifthe roll-back budget guidance is accepted, each department must stay with
the same budget as last year. Janet suggested the budget be done two ways - one with a
roll-back and see which we can live with. She added with the budget overage from last
year, and the anticipated growth for the upcoming year, perhaps there could be a roll-
back. She feels it is worth looking into. John Barlow volunteered to work on researching
the possibility of a roll-back if the political will is there. Commissioner Henning said that
the group's input is weighed by the BCC and support for the roll-back would be
appreciated.
Commissioner Halas said that there also needs to be consideration for the changing of the
cost-sharing and additional legislative mandates from the state, juvenile justice increases
and the need of additional funds for Medicaid also need to be considered before roll-back
is instituted. Commissioner Halas will prepare a rebuttal for the next meeting. ~John
will work with Steve to prepare a position regarding roll-back and have it ready for
discussion at the February meeting.
Discussion regarding potential BCC appointees to fill vacancies - (3:30 p.m. time certain)
-After much discussion and review ofthe candidates, the following list of expertise areas
and applicant recommendations (in an umanked alphabetical order) will be sent to the
BCC for appointment to the Productivity Committee. The motion to do so was made by
John, seconded by Syd. With the exception of Janet Vasey (who abstained), the rest of
the group voted in agreement (Joe, Dex, Jim, John, Steve). ~Mike will send these
recommendations to Sue Filson by December 29. The item will be on the agenda for
the BCC meeting to be held on January 11. ~Mike will send out an e-mail to remind
the members about this meeting.
Page 3 of 4
1611
General Mana2:ement
E. Michael Brown
Richard Dictor
Glen D. Harrell
Industrial En2:ineerin2:Nalue En2:ineerin2:
Joseph Donahue
Stephen Spencer
Karl R. Wyss
Operation's Research
Allen Eugene Hubbard
Colleen M. Kvetko
Janet V asey* *
Government/Human Resources
Bradley A. Boaz
Colleen M. Kvetko
James Warnken
Finance/Investment
E. Michael Brown
Robert DiBenedetto
Steve Harrison *
Pro2:ram Mana2:ement/Plannin2:
Douglas M. Fee
William C. Stiess
Joseph B. Swaja**
*Current member eligible for another appointment
**Current members NOT eligible for another appointment unless the BCC makes exceptiones)
Sunshine Law Refresher (4:30 p.m, time certain) - David Weigel, County Attorney
addressed the group and to give a snapshot of the Sunshine Law which requires meetings
to be reasonably noticed (preferably 72 hours), open to the public and minutes must be
taken. David passed out a set of frequently asked questions for discussion regarding the
Sunshine Law and Public Records Law. Violation of Sunshine Law can be considered a
criminal infraction or a misdemeanor, which could lead to a $500 fine and up to 60 days
injail. Syd asked about tape recording the meetings and David said there is no law that
states that the meetings must be taped. Public perception must be taken into
consideration at all times. The public must be have the ability to see every aspect of a
decision during the entire process which does not make decision making easy.
Tape Recording Meetings - Because of the answer to his question to the County
Attorney, Syd suggested to the group that the meetings no longer be taped. Discussion
was made and opinions were stated both for and against using the tape recorder. Syd
made a motion to dispense use of the tape, Dex seconded. The motion failed by a vote
of5 (Janet, Joe, Jim, Steve, John) to 2 (Syd, Dex).
A motion was made by Janet to adjourn the meeting at 5:45 pm. The motion was
seconded by John. The group unanimously agreed.
Next Meetin2:: The next meeting of the Productivity Committee is scheduled for
Wednesday, January 18, at 2:00 p.m. This meeting will be held in the Community
Development Complex at 2800 North Horseshoe Drive in Room #609/610.
Page 4 of 4
1611
Report
of the
Productivity Committee
Fire Impact Fee Study
Ochopee and Isles of Capri
January 25, 2005
1611
Introduction
The Board of County Commissioners employed the consulting firm of Tindale-Oliver &
Associates to research and recommend impact fee updates for the seven fire and
rescue districts. Our Fire & Rescue Subcommittee reviewed the consultants report, met
with County planning staff and with the chiefs of the Ochopee and Isles of Capri
districts. (The Golden Gate District chief also provided helpful insights from the
viewpoint of a large, independent district.)
This memo focuses on the Dependent districts for which the BCC has approval
authority, Ochopee and Isles of Capri. These districts in 2005 accounted for $159,300 of
impact fees collected, or .15 of 1.0 percent of all Collier impact fees collected. Selected
information on the independent F&R districts are provided for comparison; these
districts accounted for $3,163,824 in FY 2005 impact fees, (2.7% of the Collier total).
Study Methodology
Tindale-Oliver produced a detailed analysis for each fire and rescue district. Their
analysis correlates the relationship of a three year average of F&R service calls, square
footage of residential and nonresidential buildings on the tax rolls, and each districts'
investment in buildings and equipment. There was considerable discussion concerning
the consultant's methodology, such as limited recognition of leased facilities in the
formulae and focus on only one activity component (calls). However, after a phone
discussion with the Tindale consultant, the Subcommittee concurred that minor formula
refinements would not dramatically affect end results. Furthermore, Tindale Associates
assured that the proposed analytical approach is used widely throughout Florida to
establish fire and rescue impact fees, and has withstood challenges as to validity.
Nonetheless, our Committee continues to have reservations about a methodology that
results in such large and varied impact fee increases among most fire districts (for
residential and nonresidential), especially considering that previous fees provided
sufficient funds for infrastructure related to population growth.
Proposed Impact Fees
Ochopee and Isles of Capri have a small population base; one substantial new condo
project might significantly affect the capital needs of their district. Tindale-Oliver
provided two optional impact fees that could be justified for each district. At the
December 6, Subcommittee meeting, Chiefs for Ochopee and Isles of Capri discussed
specific capital expenditures planned in their districts during the next several years to
meet population growth and service expectations. The chiefs anticipate expenditures for
vehicles and equipment only, with no new facilities planned. Under the planning
scenario described by the chiefs, impact fee revenue at the lower rates would suffice for
the growth-driven capital needs of the two districts. County planning staff and the
Productivity Committee concur with using the lower rate, as follows:
District
Ochopee
Isles of Capri
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<<<Residential Fee>>>
Current Proposed %
<<< Nonresidential Fee >>>
Current Proposed %
$288.97/du $.70/sq. ft.
$288.97/du $.41/sq.ft.
$.60/sq.ft.
$.60/sq.ft.
$.20/sq.ft.
$1.08/sq.ft.
-67%
+80%
na
na
Examples of impact fees for a 2,000 square foot residence and a 5,000 square foot non-
residential building are summarized in the table below. The Tindale-Oliver methodology
produces widely varied results, with the same size residences e.g., 2000 square feet)
requiring impact fees ranging between $460 and $3280 per house, depending on the
district in which it is built. The differences are even greater for larger homes. The many
separate fire districts and relatively low number of people being served by some districts
contributes to this wide disparity in fees. (Data on the independent districts are provided
for information only. The Productivity Committee neither endorses nor criticizes the
rates proposed by Tindale-Oliver for the various independent districts.)
Tindale & Associates Proposed Impact Fees For New Construction
2,000 s.f. 5,000 s.f.
Residential % Chanae Non residential % Chanae
$1,400 +384% $ 1,000 +483%
$ 810 +180% $ 5,400 -47%
Dependent Districts
Ochopee
Isles of Capri
Independent Districts
Big Corkscrew Island
North Naples
Golden Gate
East Naples
Immokalee
$3,280 +993% $ 8,700 +480%
$ 580 +93% $ 5,050 +237%
$ 540 +80% $ 2,150 +43%
$ 460 +33% $ 1 ,400 -7%
$2,220 +455% $ 1,600 +52%
"......_~.........,.~"o;,'....~........
Frequency of Impact Fee Updates
Current impact fee rates for most independent districts are based on 1991 studies, and
1997 for dependent districts. Lengthy intervals between fee updates may yield negative
consequences:
A. Residents confidence in the validity of the impact fees may be undermined by
large changes.
B. Significant inequities can result based on the timing of the commencement of
construction.
C. Impact fee revenue over the last few years overall has been lower than it would
have been had fees been updated more frequently.
D. Base data for the formulae become outmoded quickly in rapidly growing Collier
County.
1611
The Productivity Committee concurs with county staff and Tindale Associates on future
rate changes:
1. Impact fee studies should be updated and new rates calculated every three
years.
2. Between impact fee updates, fees should be indexed annually to the weighted
average inflation for land, building and equipment in the district.
Other Fire & Rescue Productivity Issues Not Addressed
On the surface, the system of splintered dependent and independent jurisdictions would
seem to hold potential for commonplace productivity techniques, such as:
. Coordination of facilities planning between districts and sharing of facilities with
EMS and/or sheriff substations
. Development of measures of productivity for district and comparative analysis
. Minimize effects of overlap of mission and territory between F&R districts and
County EMS
. Secure administrative savings through combined purchasing power, e.g.
Computers and software
Accounting and administrative services
Employee benefits and insurance
Vehicle purchasing and maintenance
Some inter-district collaboration of these activities occurs on a voluntary basis now as
evidenced by some shared facilities. However, it was not within the assignment scope for
the Productivity Committee to determine either the need for additional efforts or potential
benefits that might be realized.
1611
Park Impact Fee Subcommittee Minutes
The Park Impact Fee Subcommittee met in the legislative conference room
on January 13, 2006 at 11 :30 am.
In attendance were subcommittee members Janet Vasey and Syd Blum;
Paula Fleishman from the Impact Fee office and Amanda Townsend from
Parks/Rec.
The subcommittee discussed the Park Impact Fee study and identified
questions for Duncan Associates.
· How were park land costs per acre calculated (Table 12, page 16)?
How was information in the Park Land Value Study by Coastal Engineering
Consultants used? How was boating access land cost calculated?
· How much TDC money was actually spent on annual beach access
Funding (Table 19, page 20) over the last 5 years? $2 million per year was
a recent development.
Satisfactory answers or changes to the study will result in subcommittee
approval of the Park Impact Fee Study and recommendation of approval to
the full Productivity Committee.
The meeting was adjourned at 12:20 am.
Syd Blum
Subcommittee Chair
COLLIER COUNTY GOVERNMENT
PRODUCTIVITY COMMITTEE
3301 East Tamiami Trail
Naples, FL 34112
1611
January 27, 2006
Commissioner Frank Halas
Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Dear Commissioner Halas,
Late last year, the Productivity Committee was asked to undertake an evaluation
of a proposal for revisions in the impact fees for the dependent fire and rescue
districts. A Fire & Rescue Subcommittee was formed for the task and produced
the findings and recommendations as outlined in the attachment. Much of the
consultants report covered the independent districts. While some of the
commentary and observations may be applicable to both dependent and
independent districts, we limited our recommendations only to the dependent
districts.
The findings and observations embodied in the attachment have been reviewed
and endorsed by the Productivity Committee as a whole. If you have any
questions with regard to the report, we will be pleased to respond as needed.
As my term of office expires February 4, this will be my last communication as
Chairman of the Productivity Committee. I have greatly enjoyed the challenges
and personal relationships associated with my Committee involvement. I am
grateful for having had the opportunity to serve my community through the
Committee and I am grateful for the Commissioners' support during the past
year.
Sincerely,
7~@
Joe Swaja
Chairman, Productivity Committee
cc: Board of County Commissioners
Jim Mudd, County Manager
1611
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1:.,...,,-,-, .."'.
! ''',,:...
~=~u s... M~:7.JAy {
2705 Horseshoe Drive South Halas .-1/' /
Naples, FL 34104 Henning~~
SUMMARY OF MOTIONS & MINUTESg~r~~a ~- ------
January 5, 2006
III. Approval of Agenda - Mike Pettit and Trinity Scott will give their presentations
after the Approval of Minutes. Lew moved to approve the Agenda as
amended. Second by Charles Arthur. Carried unanimously 5-0.
IV. Approval of Minutes - Minutes of November 3rd and December 1st were
approved unanimously.
Mike Pettit - Chief Assistant County Attorney gave a brief presentation on the
Sunshine Law. Discussion followed.
V. Transportation Services Report:
Budget was distributed with questions concerning interest rates. Staff read an
email from Kelly Jones explaining the problem is with the SAP System.
VI. Old Business
C. Mailing Update - A Joint meeting of the 2 Homeowner Associations will be
held on January 25, 2006 to discuss the merging of the Associations and
burying of utility lines. Attendees will be asked to -write a letter to
Commissioner Halas or County Manager Mudd favoring such. All
Committee members are asked to attend.
Dick. Lydon moved to direct Connty staff give public advance notice for the
January 25th joint meeting of the VBBA and VBPOA. Second by Charles
Arthur. Carried nnanimously 4-0.
IX. Sub-Committee Update's
A. Utilities - Charles Arthur - Charles stated the only way they can move
forward on this project is to bet Commissioner Halas, County Manager
Mudd and FPL together for a meeting. He will make the arrangements.
VII. New Business
A. Election of Officers
Dick Lydon stated he is submitting his resignation. Charles Arthur moved
to not accept Dick Lydon's resignation. Second by Carol Wright. Without
a vote the motion was not considered.
Charles Arthur nominated Dick Lydon as Chairman and himself as Vice
Chairman. Being no other nominations from the Hoor, i~GallAimous
Dick Lydon is Chairman and Charles Arthur is Vice Chairman. ~~ 0 10
Date', v r?-,
Item#: tlt? r:. aC-lS
Copies to:
"1IIUf_"" B"'~ M.s.7.1t.
1611
Ad,,'soIY 60lftlftlttu
2885 Horseshoe Drive South
Naples, FL 34104
February 2, 2006
AGENDA
I. CALL MEETING TO ORDER
II. ATTENDANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES: January 5, 2006
V. TRANSPORTATION SERVICES REPORT:
A. Budget Report - Tessie Sillery
1. Insurance clarification from Attorney's Office - Darryl Richard
2. Result of donation for meeting place - Darryl Richard
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 & Results of Joint Homeowners Meeting - Dick Lydon/Carol
Wright
IX. WORKING GROUP UPDATE'S:
A. Utilities - Charles Arthur
B. Maintenance - Lew Schmidt
C. Tax Analysis - Bud Martin
1. Tax Revenues & Expenses for FY 2003/04 - Lew Schmidt
D. Liaison - Dick Lydon
1. Results of MSTU Chairman's Meeting
VIII. NEW BUSINESS:
XI. PUBLIC COMMENTS
XII. ADJOURNMENT
The next meeting is scheduled for March 2, 2006
AT ST. JOHNS PARISH LIFE CENTER
625111TH Ave.
Naples, FL
1/ """."", s.ac~ M.I.7 Jt.
1611
AIIl'l,olY eo....ltt..
2885 Horseshoe Drive South
Naples, FL 34104
January 5, 2006
Minutes
I. The meeting was called to order by Chairman Dick Lydon at 2:02.
II. ATTENDANCE:
Members: Dick Lydon, Carol Wright, Bud Martin, Charles Arthur, Lew Schmidt
CoUier County: Darryl Richard-Project Manager, Christina Apkarian-interim for Tessie
Sillery, Trinity Scott-Transportation, Mike Pettit-Chief Assistant County Attorney
Others: Robert Kindelan-CLM, Jackie Bammel-resident, Sue Chapin-Manpower
III. APPROVAL OF AGENDA
Mike Pettit and Trinity Scott will give their presentations after the Approval of Minutes.
Lew moved to approve the Agenda as amended. Second by Charles Arthur. Carried
unanimously 5-0.
IV. APPROVAL OF MINUTES: November 3 & December 1, 2005
Bud Martin moved to approve the minutes of November 3, 2005. Second by Charles
Arthur. Carried unanimously 5-0.
Lew Schmidt moved to approve the minutes of December 1, 2005. Second by Carol
Wright. Carried unanimously 5-0.
UMike Pettit - Chief Assistant County Attorney gave a presentation on the Sunshine
Law. Some important issues covered are as follows:
. Members are encouraged to attend the Seminar held every fall on Public Records,
Ethics and Sunshine Law - it was noted there have not been changes in the past 3
years.
. Meetings need to be noticed (within 3 business days) - notices sent to radio, TV,
newspaper, libraries and posted at meeting locations - if not printed in the
newspaper does not mean it was not noticed (this needs to be done monthly)
. Need a meeting room to accommodate the public
. Minutes need to be taken even if it is taped or videoed - tapes are public record -
minutes do not need to be verbatim - minutes need to have motions and votes
recorded and show what happened at the meeting. Public needs to have access to
minutes.
. More than I advisory committee member together is a meeting and needs to be
noticed - members seen together in a social setting cannot discuss matters that are
to come before the Board/s they serve on. (Examples were given)
. Sub-Committees are to be fact-finding only and not recommending. The Advisory
Board recommends to the BCC. If more than 1 Advisory member on a Sub-
Committee, meeting needs to be noticed. The Sub-Committee for VBB MSTU will
be known as "Working Groups" and only 1 Advisory member in attendance. No
notice is then necessary.
. Insurance covering the Members if they are sued was questioned. Attorney Pettit
will check on coverage.
I
. Telephone conversations and computer generated email is in violation of the
Sunshine Law. Correspondence through a non-member from Board member to
Board member is allowed as long as there is no participation back to the Board
member. A non-member cannot be used as an intermediate between Board
members.
1611
B. Sidewalks - Trinity Scott
Trinity explained she is the 4th project manager for the Gulf Shore Sidewalk project and
there is a Change Order before the BCC. The survey and plans need to be updated as they
were waiting a year for the Water Management District permit. The project will be finished
this summer according to Trinity. FOOT is funding the project and the plans will be
reviewed by them.
This is not an MSTU project but Trinity is keeping the Committee abreast of the progress.
Trinity also reported on the Vanderbilt Drive Pedestrian Bridge - design has started and
they are performing survey, soil borings and working with the environmental groups. It
will be completed this summer if there are no permit issues.
A. Bike Path Update - Lew Schmidt
Trinity reported there is a need for one, but they have major drainage issues in the area. There
isn't enough room. She discussed the swale system treating the water and the price it would be
to alter the area. Lew will view the area with Trinity at some future date.
Trinity also noted they are looking into the drainage issues at the Regatta. The County will be
meeting with the Regatta's engineers.
V. TRANSPORTATION SERVICES REPORT:
A. Budget Report - Tessie SiIlery/Christioa
1. Insurance clarification, interest rate & can MSTU invest funds - Charles
Arthur
The Budget was distributed and various items explained by Christina. The interest rate
is a problem with the SAP System and will be explained to all the MSTU Chairman at a
future meeting.
Darryl read an email from Kelly Jones explaining the above problem. He stated staff is
not completely satisfied with the response and that Diane Flagg is requesting further
information.
The MSTU cannot invest the funds as it is part of the General Fund invested by the
Clerk of Courts.
VI. LANDSCAPE MAINTENANCE REPORT: CLM
. Robert mentioned he is waiting for authority on what type of plants to plant before
adding the sod. Robert will submit an estimate tomorrow for 100 square feet of sod
so County approval can follow.
. General maintenance has been done
. Discussed various irrigation repairs and costs
. Discussed County procedures that need to be followed before purchasing plant
material; and Robert mentioned CLM cannot function as a Landscape Architech -
there are additional costs to the Committee if they so wish to hire an LA.
Darryl mentioned CLM did not want to proceed with plant material until the Sub-
Committee first approved such plantings. The delays were not Commercial Lands as
they need direction first and will then plant. Commercial Land needs approx. 2-3
weeks as to the choice of material to check for availability.
. Robert also noted an email was sent on December 5th 10 staff noting they are
not Landscape Architects. The last Maintenance Sub-Committee meeting had
been held in November.
2
1611
A. Irrigation on Gulf Shore Report - Darryl Richard
Darryl had no estimates at this time. The Homeowner's have irrigation in that
area although one homeowner is not turning theirs on. Discussion followed.
There was some confusion that at one time the Sub-Committee recommended
the comers not be planted and now they are looking to plant them. The decision
was to not plant the comers.
VII. OLD BUSINESS
B. Bench Update -Darryl Richard
. Due date for quotes is January 13,2006
. Old benches will be removed and disposed of
. Name plates will be given to Lew for further action
C. Mailing Update - Dick Lydon/Carol Wright
Both Homeowner Associations will hold an informational meeting on January 25, 2006 to
discuss the merging of the associations and burying of utility lines. Attendees will be asked
to write a letter to Commissioner Halas or the County Manager favoring such. All
Committee members are asked to attend. The payment for the mailing by the MSTU was
tabled. A report will be mailed to all property owners later relating to the burying of utility
lines.
(Bud Martin left at 4:00 PM)
Dick Lydon moved to direct County staff give public advance notice for the January
25th joint meeting of the VBBA and VBPOA. Second by Charles Arthur. Carried
unanimously 4-0.
IX. SUB-COMMITTEE UPDATE'S:
A. Utilities - Charles Arthur - Charles tried to contact appropriate County staff for
requirements of proper permits. He was told that any request for permits need to come
from FP&L. Darryl was to contact FP&L to get a copy of the contract with the County
agreeing to relocate the lines and secondly, a proposal of their engineering report.
Darryl mentioned he will report all this information to Diane Flagg. She wants to make
sure she is involved with any meetings that involve the Commissioner.
Charles stated the only way they can move forward on this project is to get Commissioner
Halas, County Manager Jim Mudd and FP&L together for a meeting and that he will call
the Commissioner to make the arrangements.
C. Maintenance - Lew Schmidt - Another meeting will be held with his "Working
Group" along with CLM. They need to work together and know the proper County
procedures for moving forward.
Robert stated they received a PO a month ago and find that is the only item that has been
approved and not done to date yet. The Baker Carroll Point planting (15 plants) has been
done and is not being maintained.
D. Tax Analysis - Bud Martin - No report
E. Liaison - Dick Lydon - No report
3
VIII. NEW BUSINESS:
A. Election of Officers
Dick Lydon stated he is submitting his resignation.
Charles Arthur moved to not accept Dick Lydon's resignation. Second by Carol
Wright. Without a vote the motion was not considered.
Charles Arthur nominated Dick Lydon as Chairman and himself as Vice
Chairman. Being DO other nominations from the floor, it was unanimous Dick
Lydon is Chairman and Charles Arthur Vice Chairman.
XL PUBLIC COMMENTS
Dick asked Darryl to see if it is possible and legal, to give a rental fee to the Church for
their meeting room.
There being DO further business to come before the Committee, it was adjourned at 4:20 PM.
The next meeting is schedllledfor TIIIIrsday, Februmy 2, 2006
AT ST. JOHNS PARISH LIFE CENTER
62! 111m Ave.
Naples, FL
4
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4
Florida Attorney General - Most Frequently Asked Questions - Sunshine Law
Page 1 of 2
December 20, 2005
1611
FAa's on Florida's Open Government Laws
The following questions and answers are intended to be used as a reference only -- interested parties should
refer to the Florida Statutes and applicable case law before drawing legal conclusions.
a. What is the Sunshine Law?
A. Florida's Government-in-the-Sunshine law provides a right of access to governmental proceedings at both the
state and local levels. It applies to any gathering of two or more members of the same board to discuss some
matter which will foreseeably come before that board for action. There is also a constitutionally guaranteed right
of access. Virtually all state and local collegial public bodies are covered by the open meetings requirements with
the exception of the judiciary and the state Legislature which has its own constitutional provision relating to
access.
a. What are the requirements of the Sunshine law?
A. The Sunshine law requires that 1) meetings of boards or commissions must be open to the public; 2)
reasonable notice of such meetings must be given, and 3) minutes of the meeting must be taken.
a. What agencies are covered under the Sunshine Law?
A. The Government-in-the-Sunshine Law applies to "any board or commission of any state agency or authority or
of any agency or authority of any county, municipal corporation or political subdivision." Thus, it applies to public
collegial bodies within the state at both the local as well as state level. It applies equally to elected or appointed
boards or commissions.
a. Are federal agencies covered by the Sunshine Law?
A. Federal agencies operating in the state do not come under Florida's Sunshine law.
a. Does the Sunshine Law apply to"the Legislature?
A. Florida's Constitution provides that meetings of the Legislature be open and noticed except those specifically
exempted by the Legislature or specifically closed by the Constitution. Each house is responsible through its rules
of procedures for interpreting, implementing and enforcing these provisions. Information on the rules governing
openness in the Legislature can be obtained from the respective houses.
a. Does the Sunshine Law applies to members-elect?
A. Members-elect of public boards or commissions are covered by the Sunshine law immediately upon their
election to public off ice.
a. What qualifies as a meeting?
A. The Sunshine law applies to all discussions or deliberations as well as the formal action taken by a board or
commission. The law, in essence, is applicable to any gathering, whether formal or casual, of two or more
members of the same board or commission to discuss some matter on which foreseeable action will be taken by
the public board or commission. There is no requirement that a quorum be present for a meeting to be covered
under the law.
a. Can a public agency hold closed meetings?
A. There are a limited number of exemptions which would allow a public agency to close a meeting. These
include, but are not limited to, certain discussions with the board's attorney over pending litigation and portions of
collective bargaining sessions. In addition, specific portions of meetings of some agencies (usually state
agencies) may be closed when those agencies are making probable cause determinations or considering
confidential records.
a. Does the law require that a public meeting be audio taped?
A. There is no requirement under the Sunshine law that tape recordings be made by a public board or
commission, but if they are made, they become public records.
a. Can a city restrict a citizen's right to speak at a meeting?
A. Public agencies are allowed to adopt reasonable rules and regulations which ensure the orderly conduct of a
public meeting and which require orderly behavior on the part of the public attending. This includes limiting the
amount of time an individual can speak and, when a large number of people attend and wish to speak, requesting
that a representative of each side of the issue speak rather than every one present.
a. As a private citizen, can I videotape a public meeting?
A. A public board may not prohibit a citizen from videotaping a public meeting through the use of nondisruptive
video recording devices.
a. Can a board vote by secret ballot?
A. The Sunshine law requires that meetings of public boards or commissions be "open to the public at all times."
Thus, use of preassigned numbers, codes or secret ballots would violate the law.
a. Can two members of a public board attend social functions together?
A. Members of a public board are not prohibited under the Sunshine law from meeting together socially, provided
http://myfloridalegal.comlpages:nsf/ 4492d797 dcObd92f85256c b80055 fb97 1 df6796c2c49... 12/20/2005
Florida Attorney General - Most Frequently Asked Questions - Sunshine Law
Page 20f2
that matters which may come before the board are not discussed at such gatherings.
Q. What is a public record?
A. The Florida Supreme Court has determined that public records are all materials made or received by an
agency in connection with official business which are used to perpetuate, communicate or formalize knowledge.
They are not limited to traditional written documents. Tapes, photographs, films and sound recordings are also
considered public records subject to inspection unless a statutory exemption exists.
Q. Can I request public documents over the telephone and do I have to tell why I want them?
A. Nothing in the public records law requires that a request for public records be in writing or in person, although
individuals may wish to make their request in writing to ensure they have an accurate record of what they
requested. Unless otherwise exempted, a custodian of public records must honor a request for records, whether it
is made in person, over the telephone, or in writing, provided the required fees are paid. In addition, nothing in the
law requires the requestor to disclose the reason for the request.
Q. How much can an agency charge for public documents?
A. The law provides that the custodian shall furnish a copy of public records upon payment of the fee prescribed
by law. If no fee is prescribed, an agency is normally allowed to charge up to 15 cents per one-sided copy for
copies that are 14" x 81/2" or less. A charge of up to $1 per copy may be assessed for a certified copy of a public
record. If the nature and volume of the records to be copied requires extensive use of information technology
resources or extensive clerical or supervisory assistance, or both, the agency may charge a reasonable service
charge based on the actual cost incurred.
Q. Does an agency have to explain why it denies access to public records?
A. A custodian of a public record who contends that the record or part of a record is exempt from inspection must
state the basis for that exemption, including the statutory citation. Additionally, when asked, the custodian must
state in writing the reasons for concluding the record is exempt.
Q. When does a document sent to a public agency become a public document?
A. As soon as a document is received by a public agency, it becomes a public record, unless there is a
legislatively created exemption which makes it confidential and not subject to disclosure.
Q. Are public employee personnel records considered public records?
A. The rule on personnel records is the same as for other public documents ... unless the Legislature has
specifically exempted an agency's personnel records or authorized the agency to adopt rules limiting public
access to the records, personnel records are open to public inspection. There are, however, numerous statutory
exemptions that apply to personnel records.
Q. Can an agency refuse to allow public records to be inspected or copied if requested to do so by the
maker or sender of the documents?
A. No. To allow the maker or sender of documents to dictate the circumstances under which documents are
deemed confidential would permit private parties instead of the Legislature to determine which public records are
public and which are not.
Q. Are arrest records public documents?
A. Arrest reports prepared by a law enforcement agency after the arrest of a subject are generally considered to
be open for public inspection. At the same time, however, certain information such as the identity of a sexual
battery victim is exempt.
Q. Is an agency required to give out information from public records or produce public records in a
particular form as requested by an individual?
A. The Sunshine Law provides for a right of access to inspect and copy existing public records. It does not
mandate that the custodian give out information from the records nor does it mandate that an agency create new
records to accommodate a request for information.
Q. What agency can prosecute violators?
A. The local state attorney has the statutory authority to prosecute alleged criminal violations of the open
meetings and public records law. Certain civil remedies are also available.
Q. What is the difference between the Sunshine Amendment and the Sunshine Law?
A. The Sunshine Amendment was added to Florida's Constitution in 1976 and provides for full and public
disclosure of the financial interests of all public officers, candidates and employees. The Sunshine Law provides
for open meetings for governmental boards.
Q. How can I find out more about the open meetings and public records Jaws?
A. Probably the most comprehensive guide to understanding the requirements and exemptions to Florida's open
government laws is the Government-in-the-Sunshine manual compiled by the Attorney General's Office. The
manual is updated each year and is available for purchase through the First Amendment Foundation in
Tallahassee. For information on obtaining a copy, contact the First Amendment Foundation at (850) 224-4555.
1611
http://myflori dalegal.comJpages.nsfl 4492d797 dcObd92f85 256c b8005 5fb97 1 df6796c 2c49... 12/20/2005
1611
Memorandum
Date: December 9,2005
To: Christina Apkarian, Operations Coordinator, Alternative Transportation Modes
All MSTU Board Members
From: Jeffrey A. Walker CPCU, ARM
Director, Risk Management
Cc: Leo Ochs, Jr., Deputy County Manager
Len Golden Price, Administrative Services Administrator
Re: Liability Insurance Coverage for MSTU Board Members
Pursuant to our conversation this morning, I wish to provide the information you requested concerning liability
insurance coverage for MSTU members.
The coverage afforded the County for Named Assureds extends to employees, volunteers, boards, and
committees who are working under the authority of the Board of Commissioners. In the instance of the all County
MSTU's, such coverage would extend those serving on these Boards as well. Of note, coverage is extended for
acts committed while acting within the course and scope of official duties. Coverage is excluded for acts that are
intended to harm or which are willful and wanton.
Torts such as bodily injury and property damage are covered under the General Liability coverage part with limits
up to $2,000.000 per occurrence. Official acts would fall within the Errors and Omissions coverage part for which
limits of $2,000,000 per occurrence are purchased. The County absorbs a self-insured retention of $100,000 per
person and $200,000 per occurrence for each claim.
I trust this information is of assistance to the committee. Please do not hesitate to contact me at 774-8906 if you
have any questions.
Thank you.
1611
MEMORANDUM
Misc. Correspondence Agenda
Date
Agenda Item #
TO:
Sue Filson, Administrative Assistant
Board of County Commissioners
H
\\fED
FROM:
Derek Johnssen, General Accounting Manager
Clerk of the Circuit Court/Finance Department
;L~~}(~'IJ ,:-,t
i f~'nlnil>;-~,i-,:l!ijt~I'S
DATE:
RE:
February 6, 2006
Miscellaneous Correspondence - BCC Agenda
Please place the following item on the next available BCC agenda and call me at extension 8350 with
the date and Miscellaneous Correspondence agenda item number.
Riviera Golf Estates Homeowners Association. Inc.
1. Riviera Golf Estates Homeowners Association, Inc. has submitted the following item:
a. Annual Members Meeting schedule for 2/22/06.
I
Fiala. ~/ .
Halas ._~~.._ ~.._..,
Henning_.~/__.___ "
Coyle__ ____...._..."
Coletta .... .._._.._._____...._
Thank you
:Ispecial\special
Misc. Corres:
Date: o~/J..<61 0 {o
Item#: lla 1-~P
Copies to:
1611
NOTICE
ANNUAL MEETING OF MEMBERS
OF
RIVIERA GOLF ESTATES HOMEOWNERS
ASSOCIATION, INC.
In accordance with the Articles of Incorporation and Bylaws of the Association, and
Chapter 617, Florida Statutes, you are hereby notified that THE ANNUAL MEMBERS
rvIEETING for the Association will be held at the following date, time and place.
Wednesday, February 22, 2006
At 7:00 P.M.
In the main room
Riviera Golf Estates Clubhouse
425 Charlemange Boulevard
Naples, Florida
Enclosed with this Notice are the following items:
1. An election and meeting explanation letter.
2. A ballot for the annual meeting, and a ballot return envelope.
3. An agenda for the annual meeting and organizational board meeting.
4. Proxy and proxy return envelope.
H:\rge\MTG\Notice Annual Meeting 02-22-06.doc
1611
~
January 31, 2006
To the Members of Riviera Golf Estates Homeowners Association, Inc.
This year there are three (3) Directors to be elected to fill three-year terms. A few individuals
have already expressed an interest in being candidates, including CHARLES BRENNAN, LEN
BULAT, JOSEPH FURGASSO, JERRY RICKERT, AND SHIRLEY ROMANO. Nominations
for additional candidates, if any, will also be taken from the floor at the annual meeting. The
candidate receiving the most votes will fill the seats.
It is not necessary for you to attend the annual meeting and election in person, although you are
welcome to attend. However, it is very important that your vote by ballot be received for the
election. A ballot is therefore enclosed for your convenience.
Even if you plan to attend the meeting, please send in the signed original ballot to the
Association in the enclosed self-addressed envelope just in case you can't make it at the last
moment.
Sincerely,
-;f3ad~i~
Riviera Golf Estates Homeowners Association, Inc.
H:\rge\MTG\Notice Annual Meeting 02-22-06.doc
1611
RIVIERA GOLF ESTATES HOMEOWNERS ASSOCIATION_ INC.
AGENDA FOR ANNUAL MEETING OF MEMBERS
1. Welcome, call to order and opening remarks
2. Determination of the presence of a quorum. (All members present in person should
have signed in, and all original ballots should be in the Secretary's hands.)
3. Election
4. Reading or waiving of reading of minutes of last members meeting
5. Reports of Officers
6. Reports of Committees
7. Unfinished Business
8. New Business
a. Vote to Rollover of Excess Funds from 2005-2006 into 2006-2007 Budget
b. Vote on the Waiver of Financial Reporting Requirements
9. Adjournment
NOTICE
BOARD OF DIRECTORS MEETING
OF
RIVIERA GOLF ESTATES HOMEOWNERS ASSOCIATION_ INC.
The organizational meeting of the Board of Directors of Riviera Golf Estates Homeowners
Association, Inc., will be held immediately following the Annual Meeting of the Members to be
held on Wednesday, February 22, 2006 at 7:00 P.M., in the main room of the Riviera Golf
Estates Clubhouse, 425 Charlemagne Boulevard, Naples, Florida.
AGENDA
BOARD OF DIRECTORS MEETING
1. Call to order and determination of the presence of a quorum.
2. Election of Officers
3. Establish date for next meeting
4. Bank Signature Cards
5. Adjournment
H:\rge\MTG\Notice Annual Meeting 02-22-06.doc
1611
Instructions for Marking and Returning Ballot for Directors
I. The enclosed ballot lists all candidates who are qualified to run for the Board. There will
be three (3) Directors elected. Please vote for no more than three (3) candidates by marking the
ballot with an "X" in the box next to the candidate's name.
2. The ballot must be placed and sealed in the small "ballot envelope". The "ballot
envelope" must then be placed and sealed in the "ballot return envelope" addressed to the
Association, clo Integrated Property Management. If you are entitled to cast more than one
ballot, you must use separate "ballot envelopes", which can then be placed in the "ballot return
envelope". Do not place the "ballot envelope" in the "proxy return envelope".
3. You must complete the unit information on the outside of the "ballot return envelope"
addressed to the Association, and have all owners of the unit or the designated voter sign
their/hislher name, otherwise your ballot will be invalid.
4. The ballot must be received by the Association no later than the commen<?em~nt of
the Annual Meeting, however, you are urged to return your ballot by February 22, 2006
to avoid delay at the Annual Meeting.
Voting by Proxy
If you are unable to attend the Annual Meeting and wish to vote by proxy, please note the
following information about proxies:
I. A proxy is for the purpose of appointing another person to vote for you as you
specifically direct (except for non-substantive items) in the event that you might not be
able to attend the meeting. It must be signed by all owners of the unit or the designated
voter. Please note that you cannot vote for Directors by proxy. If you intend to vote for
Directors and do not attend the Annual Meeting, you must vote by use of the enclosed
Election Ballot as explained above.
2. The proxy should be submitted prior to the scheduled time of the meeting. It can be
mailed to the Association in the enclosed "proxy return envelope", or it can be hand-
delivered, either by you or your proxy, to the offices of Integrated Property Management.
It is encouraged that the proxy be submitted as long before the meeting as possible, in
order to avoid delay in registration.
3. If you appoint a proxy and later decide that you will be able to attend the meeting in
person, you may withdraw your proxy when you register at the meeting.
5. A proxy may be revoked in writing or superseded by a later proxy to another person.
It may also be assigned (substituted) by the person designated on the proxy to a third
person, if the person you designate as proxy is unable to attend the meeting.
5. A proxy form is enclosed with this notice for your use, if needed, as well as a return
envelope for your proxy form.
Again, please be sure to mail in your proxy or attend the Annual Meeting.
,--::>
-
H:\rge\MTG\Notice Annual Meeting 02-22-06.doc
LIMITED PROXY
1611
The Wldersigned owner(s), or the designated voter oflot #
appoints:
(Check one)
in Riviera Golf Estates Homeowners Association, Inc.,
(a) Secretary of the Association, on behalf ofthe Board of Directors, or
(b)
(if you check "b", write in the name of your proxy.)
as my proxyholder'" to attend the Annual Meeting of Riviera Golf Estates Homeowners Association, Inc. , to be held February 22,
2006 at 7:00 P.M. in the Main Room of the Club House, 425 Charlemagne Blvd., Naples, Florida. The proxyholder named above has
the authority to vote and act for me to the same extent that I would if personally present, with power of substitution. This sha~l be a
general proxy, with the exception of the items listed below.
Limited Powers: For your vote to be counted on the following issue, vou must indicate vour Dreference in the blanks below:
Pursuant to F.S. 617.306(6), I hereby specifically authorize and instruct my proxyholder to cast my vote in reference to the following
matters as indicated below:
1. VOTE ON ROLLOVER OF EXCESS ASSOCIA nON FUNDS, IF ANY, TO NEXT YEAR'S OPERATING BUDGET. (The
Board recommends voting in favor of rollover.)
IN FAVOR
OF ROLLOVER
OPPOSED
TO ROLLOVER
2. VOTE ON THE WAIVER OF THE YEAR-END FNANCIAL REPORTING REQUIREMENT OF AN AUDIT AND PRESENT
A YEAR-END FINANCIAL REPORT OF CASH RECEIPTS AND EXPENDITIJRES, FOR THE NEXT FISCAL YEAR. (The
Board recommends voting in favor of the waiver.)
IN FAVOR OF WAIVER
OPPOSED TO WAIVER
DATED:
,20_.
ALL OWNERS OF THE UNIT, OR THE DESIGNATED VOTER
SIGNATURE
SIGNATURE
... Failure to check either (a) or (b), or, if (b) is checked, failure to write in the name of the proxy, shall be deemed an appointment of
the President of the Association as your proxyholder.
H:\rge\MTG\PROXY 2006.DOC
161 1
BALLOT
2006 ANNUAL ELECTION OF DIRECTORS
RIVIERA GOLF ESTATES
Vote for not more than three (3)
~ BRENNAN, CHARLES
:
0 BULAT, LEN
0 FURGASSO, JOSEPH
i
:
~ RICKERT, JERRY
0 ROMANO, SHIRLEY
-
I VOTING FOR MORE THAN THREE (3) CANDIDATES WILL
INV ALIDA TE THIS BALLOT
The ballot must be received by the Association no later than the commencement of the
Annual Meeting. However, you are urged to return your ballot by February 22, 2006 to
avoid delay at the Annual Meeting.
H:\rge\MTG\Notice Annual Meeting 02-22-D6.doc
1611
Charles A. Brennan
My name is Charles A. Brennan. I have been living at 535
Charlemagne Blvd., full time, for the past 18 years.
I grew up in Boston, Massachusetts. I attended Boston Public Schools
and local colleges and tU1iversities, earning a Bachelor's Degree, a Master's
Degree in Education and a Degree in Law.
My working years were spent in public education, starting as a math-
science teacher at the high school level and ending up years later as a
Superintendent Director of a Regional Vocational Technical School District
and President of a Two Year Technical Institute.
During my years at Riviera Golf Estates, I have served on many
committees, such as the Board of Directors Violations Committee and the
Screening Committee.
For thirteen years, I have been involved in running the Men's Golf-
League and was one of the founders of the Riviera Men's Club.
If elected to the Board of Directors, I will work hard to keep our
community as beautiful as it currently is and do my utmost to prevent
investors and politicians from destroying our community.
I would appreciate your vote.
I'Ve . () -
L,.L~AV~(~/
Charles A. Brennan
1611
LEN BULAT
117 Bordeaux Circle
Naples, FL 34112
· I would like to place my name in nomination for a third three-year term
on the Board of Directors.
· I have previously held the position of Vice-President
· My wife Rose-Mary and I have lived in this community for 11 years
now. We have 3 children and 4 grandchildren in Chicago, IL
Personal background
· Spent 4 years in the U.S. Navylhonorable discharge
· Have over 30 years experience with General Motors & Chrysler
corporations, holding various management positions
· Have served 12 years as a police officer in llIinois
· President of the Police Pension Fund for 6 years in Bellwood, IL
· I am a Eucharist Minister and usher at St. Peter's Catholic Church
· Held the president's position at Country Club Manor condo association in
Naples prior to moving to Riviera Golf Estates
· President of the Riviera Long Range Planning Committee which is
responsible for the installation of the wall in the clubhouse, also the
future renovation of the annex building
· I participate in men's tennis and the Men's Club
. I was a member on the covenant committee
· I would like to again serve on the board to assist in keeping this a great
community in which to reside.
Len Bulat
1611
JOSEPH J. FURGASSO
112 Belle Isle Circle
Naples, Florida 34112
Married 41 years to Sophia L. (Santangini) Furgasso, two daughters,
three grandchildren, and one Maltese dog named Q-Tip.
(239)774-1996
Job Objective
Position for membership to Board of Directors,
Riviera Golf Estates, Lake Champagn~, Naples,
Florida.
Education
state of Rhode Island Building Codes Certifi-
cation BOCA including one and two family
dwellings, American Disabilities Act (Handicap
Codes) .
BOCA International Plumbing Code
Medical gas courses (hospitals, dental
offices, etc.).
Plumbing trade schools
American Standard Hydronic School, Princeton, NJ
American Standard Plumbing School, Princeton, NJ
Cranston High School East, 1957
Work Experience
City of Providence Inspections and Standards,
(1979-2003). Retired as Deputy Chief of
Plumbing Inspection. Involved in plan review,
issuing permits and violations and inspections.
State Certified Buildinq Inspector of Structures
and Zoning. (Inclusive of my tenure, I was a
Union steward of Local 1033, Labors International
for 23 years.)
Nu-Look Plumbing and Heatinq Co., Inc. Owned and
operated.
Walter F. Sno~ Plumbing and Heatinq Co.
Project supervisor (apprentice plumbing to
journeyman plumber.).
Anthony Marzilli Plumbinq and Heatinq.
Apprentice plumber.
Organizations
Vice President of Riviera Golf Estates Mens Club.
Past President of New England Association Plumbing,
Gas and Mechanical Inspectors, Inc., 1992.
Loyal Order Of Moose, Naples lodge.
B.P.O.E., Smithfield, RI, Lodge #2359.
Interests
Sports (football, baseball, and hockey).
Past active in comedy shows.
1611
1
Jerry Rickert
109 Chamonix CT
Naples, F134112
Board of Directors
Riviera Golf Estates
I am seeking re-election to the Board of Directors at Riviera Golf Estates. I am
presently serving as second Vice President and I am on the Budget Committee.
Currently, I am on the committee regarding the Riviera Golf Course being sold to a
developer for the purpose of converting the land to affordable housing.
I moved to Riviera Golf Estates from Danbury, CT. in 1993 and have been a full
time resident since that time. Prior to my retirement I was employed at Amphenol
Corp for 42 years in various capacities. The last rIVe years I was Manufacturing
Manager at the Danbury Connecticut Plant.
I have served as president of the Men '8 Club and have been active in many of the
functions at the Club House.
H re-elected, my goals will be to keep the dues to a minimum and to continue to
work to improve and protect your property values.
Thank you for your support!
Slna::: ~~
JeQ;~~le~
1611
t
Shirley Romano
829 Charlemagne Blvd.
Naples, FI 34112-7130
774-5704
This resume' is to let you know that I am running for a position on the
Board of Directors.
My husband, Tony and I have lived in Riviera Golf Estates since
November 2000. I have been a resident of Florida since 1986,
residing at West Winds, in Naples for six months a year. Tony and I
became full time residents of Florida 1994 when he retired. While a
part time resident of Florida, I worked for the Marco Island Fire
Department as a Secretary-Bookkeeper in the Office six months a
year for 3 years. I also, worked for Bay Aluminum in Naples as a
Secretry-Bookeeper for 4 years. When I lived up North I worked for
the McDonald's Corporation in Connecticut as a Bookkeeper in their
Office for 10 years.
While living in West Wind, I served on the Board of Directors for over
10 years. I started as Secretary on the Board of Directors and then
after a few years on the Board I was voted in as President and
served for over 10 years as President. I feel that my experience as a
previous member of a Board of Directors that I can have some
positive imput for our residents of Riviera Golf Estates. I keep up on
the Condo Laws and attend all the Board meetings at Riviera. I will
continue to attend all the meetings of the Board of Directors if I am
elected to the Board and wilf do everything in my power to keep our
"little place of paradise" to stay as it is.
I would appreciate if if you would vote for me to become a member of
the Board of Directors.
Sincerely yours,
~h1. f~
Shirley . Romano
16K10-
MEMORANDUM
Date:
March 1, 2006
To:
Mike Pettit, Chief Asst. County Attorney
Office of the County Attorney
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Settlement Agreement and Release
Collier County Commissioners and J.C. Drainfield
Repair, Inc.
Enclosed please find three (3) originals of the document, as
referenced above, (Agenda Item #16KIO) approved by the Board of
County Commissioners on Tuesday, February 28, 2006.
One original has been forwarded to the Official Records Department
for recording.
If you should have any questions, please contact me at 774-8411
Thank you.
Enclosure
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
16Kl0
Print un pink pap~r. Attach to original document. Original docllm~nl:i should be hand delivered to th~ Board Ofl1ce. The completed rouling slip and original
documents are 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 com!'lete with 1he
exception of the Chairman's silmature, draw a line throueh routinelincs #1 throuch #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 BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the evcnt one of th~ 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 BeC office only aftcr the BCC has acted to approve the
item.)
Name of Primary Staff 'X' ~.~ 'r l \ (I ) ",' Phone Number - ',' 1\'1 ,"r:q c! (
Contact (,.)t '\,' '"A 1 l~;IC'.;,., \:)~c(--~<!,
Agenda Date Item was ___dO , .~) (0( C. Agenda Item Number \ {,; '(, \ ("
Approved by the BCC ~. (~.) ',)1'
.- I
Type of Document "--~J- ( . \'\1\ ~ l\:~ life I Number of Original L.{
Attached ~. . : ( 'i \ Documents Attached
. J
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC ona ); C~ (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 lie able.
Yes
(Initial)
N/ A (Not
A licable)
2.
3.
4.
5.
6.
(" L
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I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05
16K10
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement and Release") is made and entered
into this ~ day of February, 2006 by and between the Board of County Commissioners of
Collier County, Florida and the Board of County Commissioners of Collier County, Florida as
Ex-Officio the Governing Body of the Collier County Water-Sewer District (collectively referred
to hereinafter as the "County") on the one hand and J.c. Drainfield Repair, Inc. (hereinafter
referred to as "JC Drainfield") on the other hand.
WITNESSETH
WHEREAS, on or about April 22, 2003, the County adopted Ordinance No. 2003-18
(generally referred to hereinafter as the "Industrial Pretreatment Ordinance"), which became
effective on or about April 28, 2003; and
WHEREAS, the County at various times between April 2003 and December 2005
notified JC Drainfield that it had to comply with all requirements of the Industrial Pretreatment
Ordinance and that JC Drainfield was in violation of the Industrial Pretreatment Ordinance; and
WHEREAS, JC Drainfield disputed the applicability of the Industrial Pretreatment
Ordinance to JC Drainfield and its business activities; and
WHEREAS, the County assessed JC Drainfield for damages to the County's wastewater
collection system caused by discharges of industrial waste into the County's wastewater
collection system and also assessed JC Drainfield excess strength fees and sampling and analysis
fees in accordance with the Industrial Pretreatment Ordinance; and
WHEREAS, the County and JC Drainfield without admitting any liability or fault by
either of them, recognize the cost and uncertainties of arbitrating or litigating these disputes and
now desire to fully and finally resolve the issues of the applicability of the Industrial
Pretreatment Ordinance to JC Drainfield and its business activities as well as the issues of
1
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damages to the County's wastewater collection system, excess strength fees and sampling and
analysis fees as those issues may exist up to and through the effective date of this Agreement and
Release;
NOW, THEREFORE, in consideration of the mutual covenants, promIses, and
considerations set forth in this Agreement and Release, the sufficiency of which is hereby
acknowledged by both the County and JC Drainfield, and with the intent to be legally bound, the
County and JC Drainfield mutually agree to the following:
1. The County and JC Drainfield agree to adopt and incorporate the foregoing
recitals, sometimes referred to as "Whereas clauses", by reference into this
Agreement and Release.
2. JC Drainfield acknowledges and agrees that its business activities from time to
time, including without limitation discharges of industrial waste into the County's
wastewater collection system, subject JC Drainfield to the requirements of the
Industrial Pretreatment Ordinance.
3.
JC Drainfield shall complete and submit to the appropriate County personnel a
C>
~
discharge permit application and application fee as more particularly described in
Section I 34-402(b ), of the Industrial Pretreatment Ordinance as codified in the
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County's Code of Laws and Ordinances, within ten (10) days after the effective
.........
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date of this Agreement and Release.
4. JC Drainfield shall pay the County $19,864.85 for excess strength fees and
sampling and analysis fees for the period between April 2003 and the effective
date of this Agreement and Release. This payment shall be made as follows: ten
thousand dollars ($10,000.00) shall be paid to the County within ten (10) days
after the effective date of this Agreement and Release. The remaining nine
2
16KIO
thousand eight hundred and sixty-four dollars and eighty-five cents ($9,864.85)
shall be paid to the County within forty (40) days of the effective date of this
Agreement and Release.
5. JC Drainfield shall post a discharge quality bond in accordance with Section 134-
402(c) of the Industrial Pretreatment Ordinance before receipt of a discharge
permit. This bond shall be in the amount of $50,000.00 and the County and JC
Drainfield hereby agree that this Agreement and Release shall also act as the
resolution establishing the bond amount that is otherwise required by the
Industrial Pretreatment Ordinance. The bond shall be approved by the County
Attorney and Risk Management Director as a further condition of issuance of any
discharge permit.
6. JC Drainfield agrees that any sampling of representative wastes discharged by JC
Drainfield into the County wastewater collection system that is required for
purposes of obtaining a discharge permit shall be done in accordance with the
Industrial Pretreatment Ordinance and in a cooperative way with the County staff
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insofar as establishing sampling protocol, and collection and transportation of any
sample(s) to an independent lab are concerned.
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JC Drainfield agrees that for the first twelve (12) months following the effective
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date of this Agreement and Release, the County shall collect samples of
discharges from JC Drainfield's facility into the County's wastewater collection
system on an unannounced and periodic basis and as otherwise specified by the
Industrial Pretreatment Ordinance and submit those samples to an independent lab
for analysis. The County agrees that JC Drainfield may monitor the collection
and transport of the samples. JC Drainfield agrees that it will bear all financial
3
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responsibility for the cost of the sampling analysis and sampling collection for
two samples per month, as well as any excess strength fees it is required to pay
pursuant to the requirements of the Industrial Pretreatment Ordinance. After
twelve (12) months, if JC Drainfield has otherwise complied with this Agreement
and Release and the Industrial Pretreatment Ordinance, it may embark upon self
monitoring as permitted by and in accordance with the Industrial Pretreatment
Ordinance.
8. JC Drainfield warrants that from the effective date of this Agreement and Release
it shall comply with all applicable requirements of the Industrial Pretreatment
Ordinance.
9. Except for any claim to enforce one or more of the terms and conditions of this
Agreement and Release, the County and JC Drainfield respectively hereby fully
and finally and unconditionally release one another and their respective elected
officials, officers, employees, former employees, attorneys, agents,
representatives, predecessors, successors, insurers, sureties, and assigns from any
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and all manner of action or actions, cause or causes of action, defenses, suits,
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debts, dues, sums of money, accounts, reckons, covenants, charges, damages,
obligations, liabilities, contracts, promises, judgments, executions, claims,
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complaints, legal or equitable and whether known or unknown, which either of
them have asserted or could have asserted against one another that relate or refer
in any way to sampling and analysis fees, excess strength fees, damages to the
County wastewater collection system or matters relating in any way to discharges
by JC Drainfield into the wastewater collection system that have been at issue or
that could have been at issue at anytime prior and up to the effective date of this
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Agreement and Release. In this regard, both the County and JC Drainfield
acknowledge and agree that the sole remedy to enforce any term or condition of
this Agreement and Release or for the breach of this Agreement and Release shall
be by action for specific performance in the Circuit Court of Collier County,
Florida in and for the Twentieth Judicial Circuit.
10. Notwithstanding any term or condition of this Agreement and Release, including
but not limited to Paragraph 9 of this Agreement and Release, that may appear to
be to the contrary, the County and JC Drainfield agree that nothing in this
Agreement and Release shall compromise or prevent the County from enforcing
through any available remedy all requirements of the Industrial Pretreatment
Ordinance against JC Drainfield going forward from the effective date of this
Agreement and Release. In this respect, JC Drainfield expressly acknowledges
and agrees that the County may seek to enforce that term of this Agreement and
Release pursuant to which JC Drainfield has promised to abide by and comply
with the Industrial Pretreatment Ordinance by an action for specific performance,
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and that the County may also simultaneously pursue any other remedy available
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under the Industrial Pretreatment Ordinance or other applicable law for any
violation by JC Drainfield of the Industrial Pretreatment Ordinance.
11.
If the County ever determines it necessary to pursue an action for specific
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performance of this Agreement and Release due to a violation of the Industrial
Pretreatment Ordinance, it hereby agrees that it shall provide ten (10) days written
notice to JC Drainfield and an opportunity to cure any breach within that notice
period. Notice shall be deemed delivered and effective upon either hand delivery
or facsimile transmission to JC Drainfield's facility at 768 Commercial Blvd.,
5
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Naples, FL 34104 and facsimile transmission to the law firm of Goodlette,
Coleman and Johnson, Attention: Rich Y ovanovich, Esq. JC Drainfield
acknowledges and agrees that such notice and cure period may be waived where
the County determines in its sole discretion that an immediate health, safety and
welfare hazard is being caused by JC Drainfield. JC Drainfield and the County
further agree that the contractual notice provision has no applicability to a direct
action to enforce the Industrial Pretreatment Ordinance and that any such action
shall be governed by the terms of the Industrial Pretreatment Ordinance.
12. The County agrees that twelve (12) months after the effective date of this
Agreement and Release, its remedies against JC Drainfield for violation of the
Industrial Pretreatment Ordinance shall be limited to those expressly allowed by
the Industrial Pretreatment Ordinance. All other rights to enforce this Agreement
and Release shall remain in effect, however.
13. This Agreement and Release shall be governed by the laws of the State of Florida.
14.
This Agreement and Release may be amended only by a written instrument
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specifically referring to this Agreement and Release and executed in the same
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formalities as this Agreement and Release.
15.
This Agreement and Release is freely and voluntarily executed by the County and
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JC Drainfield after they have received advice of their respective counsel. In
executing this Agreement and Release, the County and JC Drainfield do not rely
on any inducements, promises, representations other than the promises and
representations set forth in this Agreement and Release. In this regard, the
County and JC Orainfield acknowledge this Agreement and Release is the product
of mutual negotiation and no doubtful or ambiguous provision that may exist in
6
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this Agreement and Release is to be construed against either the County or lC
Drainfield based upon a claim that either party drafted the ambiguous language or
that the language in question was intended to favor one party or the other.
16. The effective date of this Agreement and Release shall be the date upon which it
is approved by the Board of County Commissioners of Collier County, Florida
and the Board of County Commissioners of Collier County, Florida as Ex-Officio
the Governing Body of the Collier County Water Sewer District.
'j . , ~ ~ -,; i i J ;
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ATTEST:
Dwight E. Brock, CLERK
.' .
BOARD OF COUNTY CpM:MLS;&lq~~RS'.
OF COLLIER COUNTY~ .F~PRIDA";,}~~D ". "
BOARD OF COUNT~ ~C;>MMISSIONlRS ~,.
OF COLLIER CO~T.:y,.. FLORIDAf~S ;::
EX-OFFICIO THE GO~RNING BfWy:.....
OF THE COLLIER d€)J1NTY.. \!{A1~R
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SEWER DlSTRIC~'i:"''';'O 0..
BY:~"> ~
Frank Halas, CHAIRMAN
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l.C. DRAINFIELD REPAIR, INC.
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Approved as to form and le~:
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Michael W. Pettit, Chief AssIstan County Attorney
04-WST-O]2] 11]4
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
17A
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To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
*********************************************************************************************************
Originating Dept! Div: Comm.Dev.Serv./Planning Person: John Houldsworth, Engineering Review Date: 2/7/06
Petition No. (If none, give brief description): A VPLAT2005-AR7203
Petitioner: (Name & Address): Brentwood Land Partners, LLC; Target Corporation (Address Attached)
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before XXX BCC
BZA
Other
Requested Hearing date: February 28, 2006 Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Reccomendation to approve Petition A VPLA T2005-AR7203 to
disclaim, renounce and vacate the County's and the Public's interest in three 30 foot wide Right-of-Way Reservations recorded in O.R.
Book 313, Page 41, O.R. Book 342, Page 192 and O.R. Book 1048 Page 1968, located in Section 30, Township 48 South, Range 26 East
Companion petition(s), if any & proposed hearing date: Reccomendation to approve for recording the final plat of Brentwood Two.
Does Petition Fee include advertising cost? XXXYes
For Recording Costs, Charge to: 113-138312-649110
For Advertising costs, charge to: P.O. 912501
~e~
Department Head
No If Yes, what account should be charged for advertising costs:
Approved by:
2/,j(){,
Date '
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:
XXX County Manager agenda file: to XXX Requesting Division
XXX 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 Receive~ "''7'0 ~ Date of Public hearing:a,-c3fs {)~
Date Advertise~ -/ a -ot,
17A
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RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
FOR PETITION A VPLA T200S-AR7203 TO DISCLAIM,
RENOUNCE AND V ACA TE THE COUNTY'S AND THE
PUBLIC'S INTEREST IN THREE 30-FOOT WIDE RIGHT-
OF-WAY RESERVATIONS RECORDED IN O.R. BOOK
313, PAGE 41, O.R. BOOK 342 PAGE 192 AND O.R. BOOK
1048 PAGE 1968, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
WHEREAS, pursuant to Section 336.09, Florida Statutes, C. Dean Smith, P.E. of Q.
Grady Minor & Associates, P.A., as agent for the petitioners, Brentwood Land Partners, LLC.
and Target Corporation, does hereby request the vacation of the 30-foot wide Right-of-Way
Reservations as recorded in O.R. Book 313, Page 41, O.R. Book 342, Page 192, and O.R. Book
1048 Page 1968, Public Records of Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating the 30-foot
wide Right-of-Way Reservations, and notice of said public hearing to vacate was gIven as
required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of the property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests
over and across the 30-foot wide Right-of-Way Reservations as shown in Exhibit 'A' are hereby
vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's
interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby
directed to record a certified copy of this Resoiution in the Official Records of Collier County,
Florida, and to publish notice of the adoption of this Resolution as required by law.
This Resolution adopted after motion, second and majority vote favoring same, this
day of
,2006.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
Frank Halas, Chairman
Approved as to form and
Ie I sufficiency:
tzkow
er County Attorney
..
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17A
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Attachment "C"
. PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC
DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN
THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLAITED
OR UNPLATI'ED LAND, EXCEPT FOR PUBLIC ROADS
t:/VS.SM,ZOOS -I=/TZ:. 7203
Date Received: fjC-r. :1:0 J 2~4.. Petition #:
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Petitioner (Owne . cott A. Nelson. V.P. Real Estate. Tarl1et Coq>oration
Address: 1000 Nicollet Mall TPN-12D
City/State: Minnea lis MN
Agent: . Grad Minor & Associates
Address: 3800 Via Del Rev
City/State: Bonita SprinlZS. FL
I
Telephone: 239-947-1144
Zip Code: 34134
Location of Subject Property:
Location: Section 30 Township 48 Range 26
Official Record Book Page (s) Current Zoning: PUD Does this affect deD8ity?~
Legal Description: See attached Legal Descriptions for Parcels ITA & IIIA
Reason for Request:
I hereby authorize Agent above to represent me for this petition: IZI Yes 0 No See Attached.
Signature of Petitioner Date
Scott A.'NeIson~ V.P. Real Estate
Print Name (Title)
Please see "Policy and. (itie~gUtSIl:b1~~t of Public Easements by Separate Instrument"
for the list of supportive materials which must accompany this petition, and deliver or mail to:
Community Development & Environmental Services Division
Planning Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
(1) IT applicant is a land trust, indicate the name of beneficiaries.
(2) IT applicant is a corporation other than a public corporation, indicate the name of officers and
major stockholders.
(3) IT applicant is a partnership, limited partnership or other business entity, indicate the name of
principals.
(4) List all other owners.
Attachment "e"
Page 4 of4
(i)
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17A
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Attachment "C"
PETITION FORM FOR THE EXTINGUISHMEl
DEDICATED EASEMENTS RECORDED BY SEP ARA
THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVI~..,",., ,
OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS
gVE5MTZOo5-RIZ: 7203
Date Received: nCT. Z()7,')f'?4... Petition #:
Petitioner (Owner): Scott A. Nelson. V.P, Real Estate. Target Corporation
Address: 1000 Nicollet Mall TPN-12D
City/State: Minneapolis, MN
Telephone:
Zip Code: 55403
Agent: Q. Grady Minor & Associates. P.A.:
Address: 3800 Via Del Rey
City/State: Bonita Springs, FL
Telephone: 239-947-1144
Zip Code: 34134
Location of Subject Property:
Location: Section 30 Township 48
Range 26
Current Zoning: PUD
Official Record Book
Page (s)
Does this affect density? ~
Legal Description: See attached Legal Descriptions for Parcels IIA & IlIA
Reason for Request:
I hereby authorize Agent above to represent me for this petition: [2J Yes D No See Attached.
Signature of Petitioner Date
Scott A. Nelson. V.P. Real Estate
Print Name (Title)
Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument"
for the list of supportive materials which must accompany this petition, and deliver or mail to:
Community Development & Environmental Services Division
Planning Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
(1) If applicant is a land trust, indicate the name of beneficiaries.
(2) If applicant is a corporation other than a public corporation, indicate the name of officers and
major stockholders.
(3) If applicant is a partnership, limited partnership or other business entity, indicate the name of
principals.
(4) List all other owners.
Attachment "C"
Page 4 of4
17A
February 7,2006
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: A VPLAT2005-AR7203; Brentwood Land Partners, Target Corp.
Dear Legals:
Please advertise the above referenced notice on Sunday, February 12, 2006, and
kindly send the Affidavits of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Ann J ennej ohn,
Deputy Clerk
P.O.JAccount # 912501
17A
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, February 28, 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 AVPLAT200S-AR7203 to disclaim, renounce
and vacate the County's and the Public's interest in three 30 foot wide
Right-of-Way Reservations recorded in O.R. Book 313, Page 41, O.R. Book
342, Page 192 and O.R. Book 1048, Page 1968, located in Section 30,
Township 48 South, Range 26 East.
NOTE: All Persons wishing to speak on any agenda item must register with
the County Administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any item.
The selection of an individual to speak on behalf of an organization or
group is encouraged. If recognized by the Chair, a spokesperson for a
group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board
agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be
considered by the Board shall be submitted to the appropriate County staff
a minimum of seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need to
ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is based.
Any questions or concerns should be directed to Rick Grigg, Collier County
Community Development/Planning Services Section at (239) 659-5731.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Frank Halas, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
'Gol!pty-of-Coi.1ier
-.". ,".- ,
CLERK OF THE GIRCDTIT COURT
" \
COLLIER COUNTY -~. URTkO... USE
3301 TAMIAMI T L EA~T
. P.O. BOX 4 ~044 \,
NAPLES, FLORIDA '3~ 101-3044
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17A
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
(4.K~~
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February 7, 2006
,.
Target Corporation
Scott A. Nelson, V.P., Real Estate
1000 Nicollet Mall TPN-12D
Minneapolis, MN 55403
Re: Petition A VPLAT200S-AR7203
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 28,2006 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 12,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann J ennej ohn, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
t':oujity-of-G(l)i,lier
~ ,-....... 1
CLERK OF THE CIRCUIT COURT
COLLIER COUNTy\qoUR-rltO. USE
3301 TAMIAMI T~IL EA~T
. P.O. BOX 4t-a044 \,
NAPLES, FLORIDA ~ft.l 0 1-3044
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17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 7, 2006
,.
D. Wayne"Arnold
Q. Grady Minor and Associates, P .A.
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Petition A VPLAT2005-AR7203
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 28, 2006 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 12,2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Dwight E. Brock
Clerk of Courts
'Coii~ty~.~f-G(lll\lier
CLERK OF THE GtRCUIT COURT
COLLIER COUNTY qoURmo. USE
3301 TAMIAMI llAIL E~T
. P.O. BOX 4~atJ44 \,
NAPLES, FLORIDA ~ft.101-3d44
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17A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 7, 2006
Brentwood Land Partners, LLC
30 South Meridian Street, STE. 2200
Indianapolis, IN 46202
Re: Petition A VPLA T2005-AR7203
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, February 28,2006 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, February 12, 2006.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennejohn, Deputy Clerk
Enclosure
Phone - (239) 732-2646
Website: www.clerk.collier.fl.us
Fax - (239) 775-2755
Email: collierclerk@clerk.collier.fl.us
Ann P. Jennejohn
17A
.I
To:
Subject:
legals@naplesnews.com
A VPLA T -2005-AR7203. Brentwood Land Partners
Attachments:
A VPLA T2005-AR7203.doc; A VPLA T2005-AR7203.doc
Good Afternoon
Please advertise the attached on Sunday, February 12, 2006.
Thanks!
Ann
AVPLAT2005-AR72 AVPLAT2005-AR72
03.doc (23 KB) 03.doc (22 KB)
I
Ann P. Jennejohn
17A
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From:
Sent:
To:
Subject:
Clerk Postmaster
Tuesday, February 07, 2006 3:45 PM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT4215327.txt; AVPLAT-2005-AR7203, Brentwood Land Partners
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ATT4215327.txt AVPLAT-2005-AR72
(229 B) 03, Brentwood ...
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
I
AVPLAT-2005-AR7203. Brentwood Land Partners
Page I of I
Ann P. Jennejohn
17A
,.A
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Tuesday, February 07,20063:56 PM
To: Ann P. Jennejohn
Subject: RE: AVPLAT-2005-AR7203, Brentwood Land Partners
OK
-----Original Message-----
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@c1erk.collier.fl.us]
Sent: Tuesday, February 07, 20063:45 PM
To: legals@naplesnews.com
Subject: AVPLAT-2005-AR7203, Brentwood Land Partners
Good Afternoon
Please advertise the attached on Sunday, February 12, 2006.
Thanks!
Ann
<<AVPLA T2005-AR7203.doc>> <<A VPLA T2005-AR7203.doc>>
2/8/2006
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 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 1
time(s) in the issue February 12th, 2006
i\ffiant further says that the said Naples Daily News is a newspaper
published atl\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 Lee counties of Florida,
each day and has been entered as second class mail matter at the post
offtce 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 afftant 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.
;J,~
( Signature of affiant)
Sworn to and subscribed before me
This February 13th, 2006
~ t;t" /"/) /
, "1._'1,'--.e.... '. . IO'Gc<JJ,J~0
(Signat:~,~fnotary pnblic) (1
"t-\'\V P '"
,i:.\'~~'~~1~ Harriett Bushon:]
:A~L):ff MY COMMISSION # DD234681 EXPIREs
. ';:)::~;':?:" . July 24, 2007 .
. . ,'uNum (fI~1J TR()YFAIN !NS"~ANCE INC
17A
AVPLA~.AR7203
PU~IC HEA~NG
r NotIce Is hereby given
I that the IIoard ()f County
, CommissIoners. of cor.
Iller County will ~old a
, I!Ubllc heaHng on Tues.
I 1l!!Y. I'ebrua/.'y 28. 2006 In
I the Boardroom. 3rd
,Floor. Administration
, Building, Collter county
I Government center'l
3301 East Tamlaml Tr~I,
Naples, Florida. The
meeting will begin at
9:00 A.M.
The Board will co.J!Slder
Petltlon.AVPLA noos.
AR7203 to disclaim, reo
nounce and vac;ate the.
County's .nd the Pub.
lIc's lriterest In three 30
foot wide Rlght.of.Way
,Reservations record ell
I In O.R. Book 3.1~ Page
141, O.R. Book .M.l, pagel
' 192 and O.R. Book 1048,
,Page 1968. located In
, Section 30. Township 48
, SOuth, Range 26 East.
1 : NO'J"El,-AU- l'l!rs.cins wl$h.
i It'lCf to speak on any
I &geI',da Itim must reals.
I ter with the County Ad.
I mlnlstrator frlor to pre-
, sentatton 0 the agenda
, Item to be addressed.
, IndivIdual speakers will
be limited to 5 minutes
on any Item. The selec-
I tlen o. '.411 . Individual to
. speak on behalf of an
I ~Il or Ill'OUD Is
enc~r."d.. Irreeog-
nlZlla tly.the ChaIr, a
sPO:~e,p,'r$on .for a
grouP. or ,C)rUnlzatlon
may lie allOtted BCrllfI'I.
~~. to speak on an
Pherson. s wishing to
ave written or grliDhlc
materials Included In
the Board agenda Pack.
I ets must submit .saId
I material Ii rllfI'Ilmum of 3
I weeks prIor to the reo
I s, PlCtlve PUblic hearing.
n any cue. written ma.
terlals Intended to be
; considered by the Board
, shall be submitted to
theffapproprlate County'
sta II minimum of sev.
en days prior to the
pub I lIc hearing. All ma.
ter al used In presenta.
tlons before the Board I
will become a perma-i
nent part otthe record. '
Any perSon Who_id-
es to appeal a deelslon
of the Board will need a
record of the proceed.
In~s .pert!llnlng thereto
an.. tnerefore, may need
to ensure that a verba.
tlm record of the pro.
Ceedlnll!l Is made which
record Includes the tes.
tlmony and evidence
~~~ICh the appeal
Any questions or con.
cerns should be dl.
rected to Rick Grigg
Collier County Commu:
nlty DevelOPment/Pia.
nnrng Services Section
at (239) 659-5731.
BOARD O.F COUNTyl
COMMISSIONERS
COLLIER COUNTY
FLORIDA .
Frank Halas, CHAIRMAN
DWIGHT E. BROCK
CLERK '
~f,: C= Jennelohn. Dep.
(sUL)
Feb. 12 No. 1318551
17A
MEMORANDUM
Date:
March 2, 2006
To:
Sandy Lea
Community Development Services
From:
Heidi R. Rockhold, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2006-44
A VPLAT-2005-AR-7203
Enclosed please find one (1) copy of the document, as referenced above,
(Agenda Item #17 A), approved by the Board of County Commissioners
on Tuesday, February 28, 2006.
If you should have any questions, please contact me at 774-8411.
Thank you.
Enclosures (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7 A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TU~
Print on pink paper Attach to original document Onginal documenh should he hand delivered to the Board Office. The completed routing slip and original
documents arc to be lorwardcd to the Board Oflice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate tor additional signatures, dates, and/or intormation needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routinl!.lines #1 throul!.h #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one 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 BeC 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
Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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 BCC on ~:.) .' r'l (enter date) and all changes \9-",
made during the meeting have been incorporate in he attached document. The .~y
Coun Attorne's Office has reviewed the chao es, if a licable. \
\. (~,C~... ! C_ O~: ')
Phone Number
t{c!:s - d-S ~.S
\--, .1) ....... (0 (,:
\ fT (LC~.'t,~
t(~ A- Ie'
I: Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Agenda Item Number
Number of Original
Documents Attached
l.
2.
3.
4.
5.
6.
17A
RESOLUTION NO. 06-~
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
FOR PETITION A VPLA T2005-AR7203 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE
PUBLIC'S INTEREST IN THREE 30-FOOT WIDE RIGHT-
OF - WAY RESERVATIONS RECORDED IN O.R. BOOK
313, PAGE 41, O.R. BOOK 342 PAGE 192 AND O.R. BOOK
1048 PAGE 1968, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
WHEREAS, pursuant to Section 336.09, Florida Statutes, C. Dean Smith, P.E. of Q.
Grady Minor & Associates, P.A., as agent for the petitioners, Brentwood Land Partners, LLC.
and Target Corporation, does hereby request the vacation of the 30-foot wide Right-of-Way
Reservations as recorded in O.R. Book 313, Page 41, O.R. Book 342, Page 192, and O.R. Book
1048 Page 1968, Public Records of Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating the 30-foot
wide Right-of-Way Reservations, and notice of said public hearing to vacate was given as
required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of the property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests
over and across the 30-foot wide Right-of-Way Reservations as shown in Exhibit 'A' are hereby
vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's
interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby
directed to record a certified copy of this Resolution in the Official Records of Collier County,
Florida, and to publish notice of the adoption of this Resolution as required by law.
This Resolution adopted after motion, second and majority vote favoring same, this
day of
,2006.
DATE: 3 - 2.,--:?CXJ0
ATTEST:;-',:.':,...' '~,'
DWIGRr.'E.:J3EQCx1CLERK
~ ,! . ~,. - ,. ".. .., ~ .... '. - ."
',.:,~: ,.~~ ,,.QC
? ~tesi~~eeH~ ~f/Y. s
If....turf' 'on 1 y.
Approved as to form and
Ie I sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY~~-
Frank Halas, Chairman
Item #
t 1A-
l-Cb -6~
tzkow
er County Attorney
Agenda
Date
17 A
~
NOTICE OF ADOPTION
Notice is hereby given that on the 28th day of
February, 2006, the Board of County Commissioners of
Collier County, Florida, adopted Resolution 2006-44,
Petition AVPLAT2005-AR7203 To Disclaim, Renounce and Vacate
the County's and the Public's Interest in Three 30-Foot
Wide Right-Of-Way Reservations Recorded in O.R. Book 313,
Page 41, O.R. Book 342 Page 192 and O.R. Book 1048 Page
1968, Public Records of Collier County, Florida.
Resolution 2006-44 may be viewed in the Office of the
Clerk to the Board, Minutes & Records Department, 4th
Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Frank Halas, CHAIRMAN
DWIGHT E. BROCK, CLERK
BY: Teresa Dillard, Deputy Clerk
(SEAL)
17 A>>~<'
March 7, 2006
Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: A VPLA T2005-AR7203; Brentwood Land Partners, Target Corp.
Dear Legals:
Please advertise the above referenced notice on Friday, March 10,2006 and kindly
send the Affidavits of Publication, in duplicate, together with charges involved to
this office.
Thank you.
Sincerely,
Teresa Dillard,
Deputy Clerk
P.O./Account # 912501
Teresa L. Dillard
1 7 A~'-
'1
To:
Subject:
legals@naplesnews.com
Adoption of A VPLA T2005-AR7203
Attachments:
A VPLA T2005-AR7203 (1 ).doc; A VPLA T2005-AR7203( 1 ).doc
Please advertise the attached on Friday March 10, 2006
Thanks, Teresa 732-2646 ext. 7240
~
A VPLA T200S-AR72
03 (i).doc (27 ...
~
A VPLA T200S-AR72
03(1).doc (28 K...
1
Teresa L. Dillard
17 A'~
"
From:
Sent:
To:
Subject:
System Administrator [postmaster@naplesnews.com]
Tuesday, March 07, 2006 2:27 PM
Teresa L. Dillard
Delivered: Adoption of AVPLAT2005-AR7203
Attachments:
Adoption of A VPLA T2005-AR7203
r;~-;l
L:::J
Adoption of
IVPLA T200S-AR720:
<<Adoption of AVPLAT2005-AR7203>> Your message
To: legals@naplesnews.com
Subject: Adoption of AVPLAT2005-AR7203
Sent: Tue, 7 Mar 2006 14:26:30 -0500
was delivered to the following recipient(s):
legals on Tue, 7 Mar 2006 14:26:41 -0500
1
17 A~"'~
.If
Teresa L. Dillard
From:
Sent:
To:
Subject:
Clerk Postmaster
Tuesday, March 07, 2006 2:27 PM
Teresa L. Dillard
Delivery Status Notification (Relay)
Attachments:
ATT1131890.txt; Adoption of AVPLAT2005-AR7203
~
~
r;:-;1
L::J
ATTl131890.txt
(231 B)
Adoption of
IVPLA T200S-AR720:
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
Adoption of A VPLAT2005-AR7203
Page 1 of 1
Teresa L. Dillard
17 A "j
From: Perrell, Pamela [paperrell@naplesnews.com]
Sent: Tuesday, March 07, 2006 2:47 PM
To: Teresa L. Dillard
Subject: RE: Adoption of AVPLAT2005-AR7203
OK
-----Original Message-----
From: Teresa L. Dillard [mailto:Teresa.Dillard@c1erk.collierJl.us]
Sent: Tuesday, March 07, 2006 2:27 PM
To: legals@naplesnews.com
Subject: Adoption of AVPLAT200S-AR7203
Please advertise the attached on Friday March 10, 2006
Thanks, Teresa 732-2646 ext. 7240
<<AVPLA T2005-AR7203 (1 ).doc>>
<<AVPLAT2005-AR7203(1 ).doc>>
31712006
o
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
~
('V")
~
..--f
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 COUll!Y,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
C)
~
PUBLIC NOTICE
~
c:::>
c:::>
~
in the matter of Public Notice
as published in said newspaper 1
time(s) in the issue February 12th, 2006
P:::
c::>
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; distributed in Collier and Lee counties of Florida,
each day and has been cntered as sccond class mail matter at the post
office 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 purpose of securing this advertisement for
publication in the said newspaper.
4,~
( Signature of affiant)
Sworn to and subscribed before me
This February 13th, 2006
:& "P /
. i ,'t-'v-0tf D-c.L -<oJ ltU.::':L0
(Signa:~.~f nolmy public) 7
" \f'oY Pu~'
i;.\'A"'~~:;~ . Harriett Bushon]
, '''''''' ".- I>W COMMISSION
. ,,:;+ru;,,::,," ,# DD23468? EXPIRE~
"".1:<.:~', July 24 2007 '
r~ON))f:D TH ' f
, . YUTROvF.IININSljRANCEINC
17A
AVP1tJlf~7203
PUBl.ICHEARING
,Notice Is hereby given
I that the IIoard of CountY
, Commissioners of cor.
Iller County wlU hold a
I I!wllc hearIng on' 'Tues.
. d~. fe~ 28. 2006 In
,the Boardroom. 3rd
,Floor. Administration
, BUilding. Collier County
,Government Center.
I 3301 East TamlamIT...II.
. Naples, Florida. The,
,meeting will begin at
, 9:00 A.M.
: The Board will consider
, petltlonaAVPLATa005-
. AR7203 tlJ disclaim. reo
I nounce and vacate the
I County's llnd the Pub,
, IIc's Interest In three 30
, foot wide Rlght.of.Way
i Reservilltlons recordell
l In O.R. Book 3}.:t, Page
l ~.h. O.R. Book .Mol. Paae i
I ~ and O.R. Book 1048. i
I Page 1968. located In"
I section 30. Township 48
I SOuth, Range 26 East.
j ; NOTE;-~ PerSODS wish.
t lng to speak on any
I ager,da Item' must reglS.
I ter with the COunty Ad.
I mlnlstrator prior to pre.
I sentatlon of the agenda
,Item to be addreSlled.
, IndivIdual speakers will
be limited to 5, ml~, tes .
on anll Item. The selec.
tlon of an individual to
spea~on behalf of an
oroMlatIon or group Is
en~~r.Dtd. Ifrecog.
nlzed ay.the Ch,'r. a
sPOll,IIP'llrson for a
~:yUL o~u=n~~~~
~~, to speak on an
h::,s~~'~r ~~h~g
materials Included In
the Board agenda pack-
ets must lubmlt said
material a minimum of 3
weeks prior to the re-
rr~~b~:::~::
terrals Intended to be
considered by the IIoard
shall be submitted to
theffllPproprlate County'
sta II minimum of sev.
en days prior to the
public hearing. All ma.
terlal used In presenta.
tlons before the Board
will become a perma. i
nent part of the record. i
Anll perSOn who_ld.
es to appeal a decision
of the Board wHI need a
record of the proceed.
In~s pertaining thereto
an... therefore. may need
ttol, ensure that a verba.
m record of the pro-
ceedl~ Is made which
record Includes the tes-
timony and evidence
~~:~'Ch the appeal
Any questions or con-
cerns should be dl.
rected to Rick Grigg
Comer County Commu:
nlty ~velopmentlPla.
nnfng Services Section,
at (239) 659-5731.
BOARD O,F COUNTY
COMMISSIONERS
rLgk,~iER COUNTY,
Frank Halas, CHAIRMAN
DWIGHT E. BROCK
CLERK '
~~ C= JenneJohn. DIp,
(stAi3
Feb. 12 No. 1318551
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17A
RESOLUTION NO. 06--4A.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
FOR PETITION A VPLAT200S-AR7203 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE
PUBLIC'S INTEREST IN THREE 30-FOOT WIDE RIGHT-
OF-WAY RESERVATIONS RECORDED IN O.R. BOOK
313, PAGE 41, O.R. BOOK 342 PAGE 192 AND O.R. BOOK
1048 PAGE 1968, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
WHEREAS, pursuant to Section 336.09, Florida Statutes, C. Dean Smith, P.E. of Q.
Grady Minor & Associates, P.A., as agent for the petitioners, Brentwood Land Partners, LLC.
and Target Corporation, does hereby request the vacation of the 30-foot wide Right-of-Way
Reservations as recorded in O.R. Book 313, Page 41, O.R. Book 342, Page 192, and O.R. Book
1048 Page 1968, Public Records of Collier County, Florida; and
WHEREAS, the Board has this day held a public hearing to consider vacating the 30-foot
wide Right-of-Way Reservations, and notice of said public hearing to vacate was given as
required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of the property owners; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests
over and across the 30-foot wide Right-of-Way Reservations as shown in Exhibit 'A' are hereby
vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's
interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby
directed to record a certified copy of this Resolution in the Official Records of Collier County,
Florida, and to publish notice of the adoption of this Resolution as required by law.
This Resolution adopted after motion, second and majority vote favoring same, this
day of
,2006.
DATE: 3 - 2~2CXJ0
ATTEST' .,....'..~.
" j . --..'........
DWIGHTE.,,BRQCKICLERK
, . ~,. ,',,' -.) ". '.
,...:., . ~['!l:: d\~ Ir f\ ^ n II fJC
'., ,.'I:~l"*::'.-
~tesi~I$',~' eeH~ Rfa~ s
sftnltr. only,
Approved as to form and
Ie I sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY~~----
Frank Halas, Chairman
Ilem#
l1A-
2-C6 -6~
Agenda
Date
tzkow
er County Attorney