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Backup Documents 03/14/2006 R BACK-UP DOCUMENTS BOARD OF COUNTY COMMISSIONERS REGULAR MEETING MARCH 14,2006 -_.,~_.._. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ii''', "'~:: j '....0 ,', \ -~-"= AGENDA March 14, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 March 14, 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 T AMI AMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Robert Hinklin, East Naples United Methodist Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes - 5/0 B. February 8, 2006 - BCC/LDC Meeting Approved as presented - 5/0 C. February 14,2006 - BCC/Regular Meeting Approved as presented - 5/0 D. February 22, 2006 - BCC/District 2 Town Hall Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service A wards 5 year Recipient: Page 2 March 14, 2006 _,",'~'h'" ,- 1) Robert Slebodnik - Lely Golf Estates Beautification Advisory Committee Presented 4. PROCLAMATIONS A. Proclamation designating March 13 through 17,2006, as the 27th Anniversary of the Know Your County Government Week. To be accepted by Stephen Edlund, Barron Collier High School, and Callie Garrett, Naples High School. Adopted - 5/0 B. Proclamation honoring the NCH Healthcare System, its staff, physicians, Board of Trustees and its volunteers on its 50th Anniversary of providing excellent medical services and care to the community. To be accepted by Edward Morton, CEO and Allen Weiss, M.D., President. Adopted - 5/0 C. Proclamation designating March 14, 2006 as The Copeland Workforce Day. To be accepted by Pastor Gilmore. Adopted - 5/0 D. Proclamation recognizing the FlaW ARN crews from the City of Punta Gorda, the City of Tampa, Hernando County, Pinellas County and the City of Bradenton be recognized and their invaluable assistance to the citizens of Collier County in our recovery from Hurricane Wilma. To be accepted by Jim DeLony and George Yilmaz. Adopted - 5/0 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition request by Peter Gaddy to discuss transportation options for the Estate's area. Item to be discussed at BCC meeting on April 17, 2006 at 5:05 pm B. Public Petition request by Raymond Paull to discuss a two-month extension for Waterside Shops Work Restriction Exemption. Not to be extended Page 3 March 14,2006 .,.-..~-- Item 7 and 8 to be heard no sooner than 1:00 D.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item to be heard at 2:00 p.m. and reQuires that all participants be sworn in and ex parte disclosure be provided by commission members: ADA-2005-AR-8497, The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee appealing and administrative decision specifically asking to overturn the granted administrative variance (A V A-2005-AR-782l) for property located at 316 Flamingo Avenue. (Appellant's Hearing Exhibits are on display in the County Manager's Office, 2nd Floor, Building F, Collier County Government Center) Motion to Deny the Motion to Dismiss - Approved 5/0; Motion to deny appeal- Fails due to lack of second; Resolution 2006-64: Motion to deny Administrative Variance - Adopted 4/1 (Commissioner Coletta opposed); Motion to hold off Code Enforcement from placing any violations on the property for one year - Approved 5/0 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2005-AR-86l6, Daniel Hamilton, represented by Davidson Engineering, requesting a 2.5- foot after-the-fact variance from the required 37.5-foot front yard setback for a corner lot in the (E) Estates zoning district to permit a single-family home that is currently under construction. The subject property, consisting of2.58 acres, is located at 4625 30th Avenue S.B., in Section 28, Township 49 South, Range 28 East, Collier County, Florida. Resolution 2006-65 - Adopted w/stipulations 4/1 (Commissioner Coyle opposed) 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Three 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, Park Impact Fee Update, prepared for Collier County, Florida, updating the methodology for the annual indexing adjustment to the Park Impact Fee Rates, and providing Page 4 March 14,2006 ---- .-'._'- for a delayed effective date of May l5, 2006. Ordinance 2006-11 - Adopted 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Animal Services Advisory Board. Resolution 2006- 60: Appointing Sabina Musci - Adopted 4/0 (Commissioner Fiala out) B. Appointment of member to the Tourist Development Council. Resolution 2006- 61: Re-Appointing Susan Becker - Adopted 4/0 (Commissioner Fiala out) C. Confirmation of appointment of member to the Contractors Licensing Board. Resolution 2006-62: Re-appointing Eric Guite - Adopted 4/0 (Commissioner Fiala out) D. Appointment of member to the Historical! Archaeological Preservation Board. Resolution 2006-63: Appointing Sharon Kenny - Adopted 4/0 (Commissioner Fiala out) E. Recommendation to approve a resolution supporting the proposed Permanent Protection for Florida Act of 2006, as proposed by U.S. Senators Mel Martinez and Bill Nelson, which protects the State from the threat of offshore drilling. (Commissioner Coletta) Motion to continue to 3/28/06 BCC Meeting - Approved 4/0 (Commissioner Fiala out) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. To review the written and oral reports of the following Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance No. 2001-55: Affordable Housing Commission, Black Affairs Advisory Board, Collier County Citizen Corps, Forest Lakes Roadway and Drainage Advisory Committee and Hispanic Affairs Advisory Board. (Michael Sheffield, Assistant to the County Manager) Page 5 March 14,2006 "----.-.". ""-~..- Approved as presented - 5/0 B. Recommendation to approve the Project Agreement with the Natural Resources Conservation Service in Support of Hurricane Wilma Recovery Efforts in Collier County, and approve a purchase order to Crowder-Gulf, Inc. in the amount of$l,2l5,000.00 plus a lO% contingency of$12l,500.00 for canal debris removal for a total of $1 ,336,500.00 and approve a purchase order to R.W. Beck, Inc. in the amount of$86,982.00 for monitoring of disaster generated debris management plus a lO% contingency of $8,698.00 for a total of $95,680.00 and approve the necessary Budget Amendment. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 (Commissioner Fiala out) C. This item to be heard at 10:00 a.m. Recommendation to approve contract for RFP #05-3770, "Design-Build" services for capacity improvements to Immokalee Road from immediately east of 1-75 to 2,000' east ofCR 95l Collier Boulevard", County Project No. 69101. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 (Commissioner Fiala out) D. Recommendation to approve the associated expenses not to exceed $5,000 while Collier County hosts the Southwest Florida Consortium Legislative Day in Tallahassee on March 23, 2006 which includes providing breakfast and lunch to County Commissioners and staff of participating counties and municipalities. (Debbie Wight, Assistant to the County Manager) Approved - 4/0 (Commissioner Fiala out) E. That the Board of County Commissioners adopts budget policies as detailed in the attachments to this Executive Summary, establishes June budget workshop dates and September public hearing dates. (Mike Smykowski, Director, Office of Management and Budget) June Budget Workshop Dates: June 22, 2006, June 23, 2006 and June 26,2006 (if needed); July 25,2006 - set Mileage Rates; September 7, 2006 (First Public Hearing) Budget Meeting, September 21, 2006 Final Budget Meeting; Motion to table item to later in the meeting - Approved 4/0 (Commissioner Fiala out); Motion was made to un-table item - 5/0; Presentation by Commissioner Henning; Motion to adopt FY 2007 Expense Assumptions - Withdrawn; Page 6 March 14, 2006 -~.~- Motion to accept Budget Meeting dates - 5/0; Motion to approve guidance from County Manager's Office - 4/1 (Commissioner Henning opposed) Moved from Item #16D4 - Time Certain 3:30 pm F. Recommendation to approve extended hours of operation and a noise abatement policy for Caxambas Park. Hours extended: 7 am to sunset Approved w/change - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. E. Bruce Holley - Foxfire and Briarwood Traffic Light Removal B. Kenneth Thompson - Gasoline on Hedges; planting bushes in late evening with bright lights showing through windows 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS Moved from Item #16J2 - Time certain 4:00 pm A. Recommendation That The Board Of County Commissioners Approve The Attached Agreement Authorizing The Collier County Sheriffs Office To Have Traffic Control Jurisdiction Over Private Roads Within The Indigo Lakes Subdivision Approved - 5/0 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd: Legislative Day March 22 and March 23 B. Commissioner Halas - Washington Trip Recap C. Commissioner Henning - Tallahassee Trip Recap (Transportation) D. Commissioner Fiala - Noise Abatement time frame and the possibilities of Developers buying up golf courses & amenities in communities E. Commissioner Coletta - Thanking Mr. Mudd and Commissioner Halas for going to Washington and the Everglades Boulevard Exchange F. Commissioner Coyle - Traffic light at Kings Way and Radio Road and Growth Management Bill Page 7 March 14,2006 ___.._.e G. Commissioner Coyle made a motion for staff to give guidance to address transportation issues before development is approved - Approved - 4/0 (Commissioner Henning out) ------------------------------------------------------------------------------------------------------------ 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 final acceptance of the water utility facility for Ave Maria University Multi Purpose Facility at the Vineyards. W /reduction and/or release of the Utilities Performance Security 2) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3H, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security W /stipulations 3) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 31, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 4) Recommendation to approve for recording the final plat of Bristol Pines Phase I, Tract X-l, Tract R and Tract R-l, Replat. 5) Recommendation to approve for recording the final plat of Copper Cove Preserve, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. No certificates of occupancy granted until improvements have been accepted Page 8 March 14,2006 -""-~-' ~,- Continued Indefinitely 6) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Olde Cypress, Unit One. The roadway and drainage improvements will be privately maintained. 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Olde Cypress, Unit Three. The roadway and drainage improvements will be privately maintained. Resolution 2006-50 8) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3J, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 9) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3K, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. No certificates of occupancy granted until improvements have been accepted 10) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3G, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. No certificates of occupancy granted until improvements have been accepted 11) Recommendation to authorize the County Manager or his designee to submit a grant application to the Florida Department of Environmental Protection (FDEP) Bureau of Invasive Plant Management (BIPM) administered through the Southwest Florida Invasive Species Working Group for contractor services to remove invasive exotic vegetation from the Conservation Collier Watkins- Page 9 March 14,2006 --- ~."- Jones Property. ($21,000) For the removal of invasive plants on public conservation lands 12) Recommendation to authorize the County Manager or his designee to submit a grant application to the Florida Department of Environmental Protection Bureau of Invasive Plant Management (BIPM) for contractor services to fund invasive exotic vegetation removal on the Conservation Collier McIntosh Property. ($50,000) For the removal of invasive plants on public conservation lands 13) Recommendation to approve an impact fee reimbursement requested by PJM Limited Partnership, LLLP totaling $212,114.56 due to the approval of affordable housing impact fee deferral agreements. Located within Botanical Place 14) Recommendation to approve a Contract Amendment, to contract number 04-3682 Consultant Services for Impact Fee Studies-Law Enforcement with Tindale-Oliver and Associates, Incorporated, in the amount of $6,900 to provide for required updates to the cost and credit components of the impact fee study. 15) Recommendation to approve and execute a Lease Agreement with CPOC Realty, LLC for office space to accommodate the Housing and Grants Section of the Operations Support and Housing Department at a first years annual cost for rent and common area maintenance fees of $70,957.76. Located at 3050 Horseshoe Drive North 16) CARNY-06-AR-92ll, Peg Ruby, Marketing/Special Events Coordinator, Collier County Parks and Recreation Department, requesting a permit to conduct the annual Eagle Lakes Community Park Spring Fest on March 30 through April 2, 2006, at the Eagle Lakes Community Park located at 11565 Tamiami Trail East. Carnival Permit 2006-03 w/waiving license and surety bond 17) CARNY-06-AR-9285, Ellen Barkin, Community Center Supervisor, Collier County Parks and Recreation Department, requesting a permit to conduct the Golden Gate Community Festival on March 23 through March 26, 2006, at the Golden Gate Community Center, located at Page 10 March 14, 2006 --,--,-- -._-"- 4701 Golden Gate Parkway. Carnival Permit 2006-04 w/waiving license and surety bond 18) Recommendation to approve final acceptance of the water utility facility for Canterbury Facility - Ave Maria University at The Vineyards. W /reduction and/or release of the Utilities Performance Security 19) Recommendation to approve final acceptance of the water and sewer utility facilities for Quail West Phase 3 Unit 4. W/reduction and/or release of the Utilities Performance Security 20) Recommendation to approve for recording the final plat of Quarry Phase 2, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations B. TRANSPORTATION SERVICES 1) Recommendation to award Bid #05-3899, Livingston Roadway Lighting Maintenance Contract, to Kent Technologies, Inc. ($86,000) 2) Recommendation to approve an agreement to construct a sound attenuation wall and authorize the acceptance of temporary construction easements necessary for construction of the sound attenuation wall as part of the four-lane expansion of County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $340,000.00, which will be included in the cost of construction which will be presented to the Board as part of the executive summary for the bid award. As detailed in the Executive Summary 3) Recommendation to accept the conveyance of right-of-way via quitclaim deed which is required for intersection improvements at Davis Boulevard and Lakewood Boulevard, Project Number 60016 (Fiscal Impact: $527.00). To improve public safety on these existing roads Page 11 March 14,2006 -_.._~ 4) Recommends Board's Approval of Adopt-A-Road Agreement (1) for the following: Remembrance of Carmen Sarmiento. Located on Goodlette-Frank Road between Creech Road and Pine Ridge Road Continued to April 25, 2006 5) Recommendation to approve a new Staff Services Agreement between Collier County Government and the Collier Metropolitan Planning Organization. 6) Recommendation to approve a sole-source purchase of Cartegraph computer software licenses and implementation services for asset management for the Collier County Transportation Division Traffic Operations Department. Fiscal Impact: $93,100.00 To improve current management system for signs, signals, lighting and signal controllers along County roadways 7) Recommendation that the Board approve and authorize the Chairman to sign (1) a Landscaping Installation and Maintenance Highway Agreement (Agreement) with the Florida Department of Transportation (FDOT) for median and roadside landscape improvements along US 4l North, between Immokalee Road and Wiggins Pass Road; and (2) a FDOT -required Resolution evidencing that the Board has approved and authorized the Chairman to sign this Agreement. Resolution 2006-51 C. PUBLIC UTILITIES 1) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the county has received payment and said Liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2006-52 2) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Page 12 March 14,2006 Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2006-53 3) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. Resolution 2006-54 4) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $110.00 to record the Satisfactions of Lien. Resolution 2006-55 5) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. Resolution 2006-56 6) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $l20.00 to record the Satisfactions of Lien. Resolution 2006-57 7) Recommendation to approve a change order in the amount of $77,768.52 to Contract 04-3680 with Belair Builders, Inc. for installation of Collier Boulevard (CR-95l)/Vanderbilt Beach Road (CR-862) 16 Force Main, Project Numbers 73085 and 73086. For wastewater collection facilities D. PUBLIC SERVICES Page 13 March 14, 2006 ---",,"" 1) Recommendation to approve an Agreement for Sale and Purchase to acquire a residential lot for expansion of the County's Bayview Park at a cost not to exceed $252,700, Project 800601. For expansion of beach and boat access for the community 2) Recommendation to recognize additional revenue and approve a budget amendment for an additional $19,592 authorized by the State Aid to Library Program for Collier County Public Library. For library expenses 3) Recommendation to approve the submittal of a grant application to the Florida Department of State, Division of Library and Information Services for $9,980 for "Assistive Equipment for Vision & Hearing Impaired Patrons." To better serve their patrons Moved to Item #10F 4) Recommendation to approve extended hours of operation and a noise abatement policy for Caxambas Park. E. ADMINISTRATIVE SERVICES 1) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. From January 20, 2006 through February 17, 2006 2) Recommendation to award Bid No. 06-3943, Employment Physicals & Drug Testing to Anchor Health Centers, Inc. in the amount of $35,000. A one year agreement for post job offer candidates and active employees 3) Recommendation to approve and execute a Lease Agreement with Senator Mel Martinez for use of office space at the Government Center for an annual rent of $4,248. Resolution 2006-58 F. COUNTY MANAGER Page 14 March 14,2006 1) Approve Budget Amendments. #06-158 and #06-161 2) Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Power Cots Program in the amount of$293,384.00. To provide proper equipment for moving patients/victims; to reduce workers compensation costs 3) Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Stair Chair Program in the amount of $64,948.l O. To replace outdated equipment G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Continued Indefinitely 1) Recommendation to approve the creation of one 0.5 full time equivalent (FTE) employee for the Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Gulf Citrus Best Management Practices kickoff event on February 1, 2006 at A Duda & Sons in Hendry County; $10.00 to be paid from Commissioner Halas travel budget. Located at A. Duda & Sons facilities on State Road 29 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners approve a document for Tenth Year State Criminal Alien Assistance Program Page 15 March 14,2006 --'.',--"" -......,--..- (SCAAP) Grant Funds. For costs associated with Alien incarceration and Sheriff Don Hunter to be signing official Moved to Item #13A 2) Recommendation That The Board Of County Commissioners Approve The Attached Agreement Authorizing The Collier County Sheriffs Office To Have Traffic Control Jurisdiction Over Private Roads Within The Indigo Lakes Subdivision. K. COUNTY ATTORNEY 1) Recommendation to approve the Offer of Judgment in the amount of $l2,000.00 as to Parcels 124 and 724 in the lawsuit styled Collier County v. Richard D. Lyons as Trustee of Land Trust No. 11304, et aI., Case No. 04-3779-CA (Immokalee Road Project No. 66042). (Fiscal Impact $2,800.00) As detailed in the Executive Summary 2) Approve an Extension of Time to Conclude F.S. Chapter 164 Proceedings and Approve Stipulation for Extension of Time in Reference to the Inverse Condemnation Lawsuit of Bernard J. and Helen R. Nobel, and Vincent D. Doerr vs. Collier County, in Case No. 05-0064-CA for further attempts by the Staffs of the South Florida Water Management District, The State of Florida Division of Lands, and the County to reach an Agreement in the Matter. W /stipulations 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- Page 16 March 14,2006 - . '-_..~- JUDICIAL IN NATURE, ALL P ARTICIP ANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2005-AR-8899, by Beazer Homes, represented by Scott Osmond, requesting a street name change from Inlet Cove Court to Blossom Court for property in Valencia Lakes Phase 7-A, located within Sections 22 and 23, Township 48 South, Range 27 East. Resolution 2006-59 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 17 March 14,2006 .""- , 2A .. AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 14. 2006 Continue Item 16B5 to April 25. 2006 BCC meetina: Recommendation to approve a new Staff Services Agreement between Collier County Government and the Collier Metropolitan Planning Organization. (Staff's request.) Move Item 16D4 to Item 10F: Recommendation to approve extended hours of operation and a noise abatement policy for Caxambas Park. (Commissioner Fiala's request) Continue Indefinitelv Item 16G1: Recommendation to approve the creation of one 0.5 full time equivalent (FTE) employee for the Marco Island Executive Airport. (Staff's request.) Move 16J2 to 13A: Recommendation that the Board of County Commissioners approve the attached agreement authorizing the Collier County Sheriff's Office to have traffic control jurisdiction over private roads within the Indigo lakes Subdivision. (Commissioner Coyle's request.) Note: Item 7 A: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. (Staff's request) Item 7B: The Resolution for this item was omitted from the printed agenda packet. Copies have been made available. (Staff's request.) Item 16E1: The report cover period is January 20, 2006 through February 17, 2006. (The report date as shown in the executive summary stated 2005.) (Staff's request) Time Certain Items: Item 7A to be heard at 2:00 p.m. ADA-2005-AR-8497, The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee appealing and administrative decision specifically asking to overturn the granted administrative variance (AVA-2005-AR- 7821) for property located at 316 Flamingo Avenue. Item 8A to be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Three 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, "Park Impact Fee Update, prepared for Collier County, Florida", updating the methodology for the annual indexing adjustment to the Park Impact Fee Rates, and providing for a delayed effective date of May 15, 2006. Item 10A to be heard at 11 :00 a.m. To review the written and oral reports of the following Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance No. 2001-55: Affordable Housing Commission, Black Affairs Advisory Board, Collier County Citizen Corps, Forest lakes Roadway and Drainage Advisory Committee and Hispanic Affairs Advisory Board. Item 10C to be heard at 10:00 a.m. Recommendation to approve contract for RFP #05-3770, "Design- Build" services for capacity improvements to Immokalee Road from immediately east of 1-75 to 2,000' east of CR 951 Collier Boulevard", County Project No. 69101. Item 10F to be heard at 3:30 p.m. Recommendation to approve extended hours of operation and a noise abatement policy for Caxambas Park. Item 13A to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners approve the attached agreement authorizing the Collier County Sheriff's Office to have traffic control jurisdiction over private roads within the Indigo lakes Subdivision. -- I L 4A PROCLAMA TION WHEREAS, county government is a complex and multifaceted process which affects the lives of all residents of Collier County,' and, WHEREAS, an increased knowledge of how various aspects of county government work can enhance an individuals quality of life in Collier County; and, WHEREAS, it is desirable for all county residents to be knowledgeable of the countys government and how it works,' and, I "~"'i ,'J" WHEREAS, the League of Women Voters of Collle~;C~unty, Collier County University Extension/4-H Youth Development, and the Collier County Public Schools have, co..sponsored the Know Your County Government Teen Citizenship program for 27 years. ,-t ~ , , NOW THEREFORE, .be it proClaimed by the 'Board of'CountyCommissioners of Collier County, Florida, 'that the week of March 13 through 17, 2006, be designated as the .. 27"h Anniversary of the KnoW Your County Government Week ",;''-' '~'. ' r'~~;\, fz,~i~ ,::.:1,_" ">:i ;,l'~ .. ',',< DONE AND ORDERED THIS J 4th l>ayofMdrch,r2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~14~7 ~ FRANK HALAS, CHAIRMAN A TrEST: - --_._._...~--"_._-~---~---------_._--- l:. 48 PROCLAMA TION WHEREAS, in the early 1950's, Naples lacked an essential ingredient of a growing town - a medical faCility designed to meet the needs of the people. Through the foresight, wisdom, and generosity of a group of concerned citizens who banded together and pooled their private funds, the city's first hospital was incorporated in 1953 as a non-profit organization known as Naples Memorial Hospital: and, WHEREAS, in 1956, this hospital, which had changed its name to Naples Community Hospital to better reflect the mission of providing for the comprehensive health care .,needs of the residents and visitors of the area, was optln,dto, the public with 50 beds and 10 bassinets: and, -') ~~'- ",':::"., ,1:;- 'r'1'1r~'1 't' .~, _,,' l'>'.,-i~;/.:,"<; WHEREAS, fifty years later,' followingthli "'t!lddltlonDfQsecond hospital to serve the citizens in the northern part of the' County, as well as the establishment of many.' affiliated medical services, and partnerships with 500 premier doctors, the NCH Healthcare System continues to serve the needs of the community by providing quality and innovative medical services. ", "\ .,. I' l"~ \' ," \ J, ,~ I \ " ';.' , "\ . < -f;::'_;,'/1-r,~-:: ';': ~_':'/, 1 ';_l,~t,~. ~t }, ,~~\:~ ~ l .J; .'-,>; ,'-:':':: NOW THEREFORE, be It proClaimed by,' the "BiJQrd of County Commissioners of Collier County, Florida, that we take pride in honoring the.. NCH Healthcare System, its staff, physicians" Boardof,Trusteestindltsvolunteers on its 5d" Anniversary of providing excellent 'medi~al services alidcore "to the community. ,....;_:i';"J '" ..;'....I'iM~...""4;. .J, "",:}:,t,~5',,' .;!.~, .,' ':'h'~", ',' L ~ t~tJ:."", i;;h....t,~ ~,,,,L,,.>k. 'P,.\~~t,>J.' "';'" j ',,':, ," ~:.,~ ~tc,,,~" .' 1~,0';";,,; . '".:.~\,'! . ",;.1,', 1 't;'I'll-' '>l!"~il'7 .,.. ,. ~" '..Jl\ r ~ """'1<'~' ~" ,..J' . ,.", ," '''\;',':'' ,>,:-~J>:!:.: ,"t <,~\':'~, ._., .,"!:., ~1'~~': 'lj:,~,~~~~~ l>ONE AND ORDERED THIS 14tlrDii9;iifr'll;f1iii'~006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~ r:Gi} ~ " FRANK HALAS, CHAIRMAN ATTEST: , - ~.._. " ._,_,_"___"_,,,__,,,_,_",,~C .._,_,_. .' --,---.....""'".,...--, ~.M I l' 4C .. PROCLAMA TION WHEREAS, the community of Copeland was heavily damaged after Hurricane Wilma: and, WHEREAS, the Copeland Workforce was established, composed primarIly of those residents of the Copeland Community: and, WHEREAS, the Copeland Workforce has worked diligently to restore and better the community of Copeland: and WHEREAS, the Copeland Workforce has been responsible for vast and unprecedented improvements ranging from repairs to the local water plant, beautification of Janes Scenic Drive from SR 29 to the Fakahatchee State park,_ restoration and repair of underground sewer facilities, assistance to local residents in repair and clean up of hurricane debris, -'and.have been instrumental in bUIlding a sense Df pride within the Copeland community. ~. '. i NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that March 14, 2006, be designated as' The Copeland Workforce Day" DONE AND ORDERED .THIS 14th Day of March~ 2006.11. ! ':; ',t~ ' , ':-~:, , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA \ ::~~/ --FRANK HALAS, CHAIRMAN ATTEST: , ,-- ..-',".__......____,_.,~""'.,_<.__._.,.~"c.,..."._,_...._ PROCLAMA TION l, " 4D WHEREAS, D/I October 24, 2005 Hurricane Wilma made landfall in Collier CtJUflty creating severe widespread electrical tJUtages: and WHEREAS, during the resptJnse tlIId recoVllry peritJd from the date of landfall thf'tJU!}h October 29, 2005, the Public UtIlities Wastewater Department managed cumulatively more than 110 milliD/l gallons of wastewater with daily flows ranging between 10 and 20 milliD/l gal/ons district-wide: and WHEREAS, the Public Utilities Wastewater t>epartment activated FlaWARN, Floridas Water and Wastewater Agency RespDnse Network, a formalized system of ''utilities helping utilitiesN to address mutual aid during emergency situations, that provided critical restJUrces just in time, including: . Thirty one skilled perstJflllel, increasing Collier CtJUntys Wastewater Collections field staff by 50 percent, and , . Twenty ftJUr generators, and . One fuel tanker, and . Twtl/lty six vehicles andtJINI~CdVtittJr'fand j' , :, I, , . ~:';;\'1,~';'J;';, " WHEREAS, with the assistance of the FlaWARN ClvWS from the City of Punta 6Drda, the City of Tampa, Hernando CtJUITfy, Pinellas County and the City of Bradenton, the Public Utilities Wastewater t>epartment was tlble to maintain and operate field assets . lud/ . \ ' mc '/ng: .,., ,;1 .~\, ,: / ,:, "C,,', ' j, I" ,:",,~'" ,A.".. ' ' 1 ' ;':"':t1~"" c..J.~" -i ",t",,~^\'>:' -'fe,') ,_,'i t:;.., . tV/,j,~ \ I ~'.' / :\,'< "\" . More than 13,000 manholes 'maintained with only 30oVllrflows of less than 250 gallD/ls reptJrted and respDnded to",and , , " Jp . Approximately 600 miles of gravltylinuand 250 miles of force mains kept operatiollfllwith onlY,twolateral pipe breaks repDrted and repaired, and . Over 56,000 wastewater serviclI; acctJUnts kept operat!ona/with only two service back-up oVllrflow interruptions ,.eptJrted and ;;'spDnded ttJ, and . Over 500 wastewater lift . stations withtJUt electriCil/ ptJwer over a 48-htJUr peritJd kept operational using ptJrtable geIMrator$' and pumper trucks, contrtJlling only 19 oVllrflows frtJm, lift statiD/lS.\; : , ~,,:;~ ,.l;~,;. 2f o;~:-~.~. ;" :':~:c ; ./\:",;, , "'iJ"l!'lnr,,;'~;:\,.~.' I. ',;'At NOW THEREFORE. ./.::i:J;).:::~~~ . ,J:;';; (t5:!~ t:f"'~':1;" ~ll';7i,,:~':"" ",.,.ti,:\j' \(, ':", '1,:", ~ ,:~y. ,~1,:1i':,i"" be it prDClaimed by the 8Da;d';;fl~~.:t~J1ff"j~;ioners of Collier County, that the assistance of the FlaW ARN crews frtJm the City of Punta 6Drda, the City of Tampa, Hernando CtJUnty, Pinellas County and the City of Bradenton be rtlCDgflized and their invaluable assistance to the citizens of Collier CtJUnty in tJUr recovery frtJm Hurricane Wilma be acknowledged. DONE AND ORDERED THIS 1~ Day of March, 2006. BOARD OF COUNTY COMMISSIONERS CO/.I~FLORIDA ~ ~-/ Frank Halas, CHAIRMAN , -,- "'-----~~.,... ....'_._~,'--='.....,"-,..""~.,,,"'. ... ... ----,~,~..~ ~ L. 4E PROCLAMA TION WHEREAS, on February 24 and 25, 2006, the Lely High School Mock Trial Team competed against Canterbury School and Charlotte High School in the 2dh Judicial Circuit Mock Trial Championship at the Lee County Justice Center in Fort Myers: and WHEREAS, Ruth Damys, Jonathon Cooper, Kristen Cooke, Chrisandra Downer, Nancy Spector, Leah Litvak, Stephanie Tears and Jessica Octavien led the way in defeating Canterbury School at the regional level to advance to the state tournament,. and WHEREAS, Ruth Damys earned the Best Attorney award for both the prosecution and defense, Chrisandra Downer earned the Best Witness award for both prosecution and defense, and Kristen Cooke earned Best Closing Argument: and WHEREAS, the Lely High School Mock Trial Team wI'll represent the 2dh Judicial Circuit at the state championship in Orlando, from March 30 through Aprl1 1,' and WHEREAS, the team will bring 0 perfect 10-0 record in match ploy to the tournament: and WHEREAS, participating in mock trial competitions provides students with on excellent understanding of American legal processes, while building self-esteem, teamwork and developing public speaking skills. NOW THEREFORE, be it proclaimed by the Boord of County Commissioners of Collier County, Florida, that March 28, 2006, be designated os Lely High School Mock Trial Team Day DONE AND ORDERED THIS 28th Day of March, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~"~ . ~' ~.::!-- -- .~.. /~~ FRANK HALAS, CHAIRMAN ATTEST: ..,..._"..~,.,--,. ,. ----_. .' "~"'--"""'._,"..._,-~".,.,.,."..._._, .->-' ._"-'""""""~'-'.",---,-_...". f7" f: 11I7 A '-~' ~ 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 Other: *********************************************************************************** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Susan Murray, AICP Date: Petition No. (If none, give brief description): ADA-2005-AR-8497, Mark Dowdy Petitioner: (Name & Address): Vanderbilt Beach Property Owners Association, c/o BJ. Savard-Boyer VBPOA & Richard Bing VBBA, 10851 Gulfshore Drive, Naples, FL. 34106 Name & Address of any person(s) to be notified by Clerk's Office: Mark and Shirley Dowdy, 49564 Nautical Drive, New Baltimore, MI 48047 Benjamin Brown, Esq.Bond,Schoeneck and King, P.A., Northern Trust Building, Suite 250, 4001 Tamiami Trail North, Naples, FL 34103-3555 Hearing before BCC BZA Other Requested Hearing date: Januarv 24. 2006 Based on advertisement appearing ~days before hearing. Newspaper(s) to be used: XXX Naples Daily News Proposed Text: (Include legal description & common location & Size): Petition: ADA-2005-AR-8497, The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee submit this appeal for an administrative decision, specifically asking to overturn the granted administrative variance (A V A-2005-AR-7821) for property located at 316 Flamingo Avenue. Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: Approved by: ~~ /~jJ /Os 1:>epartment Head Date County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: IZ-5" - 6)- Date of Public hearing: 1-2 'f -0 (p Date Advertised: ~ _...._--~~----_. - ..... --.. - I !, ,.~ 7 A December 5,2005 Attn: Legals Naples Daily News l075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497, Mark & Shirley Dowdy 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 Charge to: Account 113-138312-649110 - ,..-......;----...._"._.""'"..__".w~.,~c.;, ?<-' i 7A ~:". ' -- NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 8, 2006 in the Boardroom, 3 rd 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 ADA-200S-AR-8497: The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee submit this appeal for an administrative decision, specifically asking to overturn the granted administrative variance (AVA-200S-AR-7821) for property located at 316 Flamingo Road. 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) ~-,,,,..".'..'- . """c'_'_.,',"., ,.,..,._,,,,,..._,-,..., 'Coiiiit'y-of-C<Jllier ~.. ~ 7A b;::: ~ ,'.- " ~,. CLERK OF THE CIRCUIT COURT '-. \. Dwight E. Brock COLLIER COUNTY ~URT1t9USE Clerk of Courts 3301 TAMIAMI T IL EAI$T Clerk of Courts , P.O. BOX 4~~O44\. Accountant NAPLES, FLORIDA :~ft,101-3044 Auditor 'v I Custodian of County Funds ~,.~:...~:/.,.,- . , ." ~: "'=-;-, I 'j..) December 6, 2005 Vanderbilt Beach Property Owners Assoc. C/O B.J. Savard-Boyer VBPOA Richard Bing VBBA 10851 Gulfshore Drive Naples, FL 34106 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497: Dowdy Administrative Variance Appeal Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 24,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 8, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK roO- o,ctAU{),JJC Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us ~-^",___,-,__,_,_w~",__~",. ~-~-,",,-"-~-,~---_...,~.,,- .._,," I" . 7A 'Gouiify-of-C<illlier r. ~ \ . 'i~__' -. CLERK OF THlrGt~C~IT COURT Dwight E. Brock COLLIER COUNTY QOUR~OUSE Clerk of Courts 3301 TAMIAMI llA1L EAiST Clerk of Courts . P.O. BOX 4t-~044 '\ Accountant NAPLES, FLORIDA ~ft, 101-3044 Auditor '/1' I Custodian of County Funds ,~;{:~ I i " ( '3A ,- December 6, 2005 Mark and Shirley Dowdy 49564 Nautical Drive New Baltimore, MI 48047 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497: Dowdy Administrative Variance Appeal Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 24,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 8, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~.a. ~~.,{JQ eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us "_'"___~_~__"""""""'___'"O Coiiiity- of-C~llJier ~ 7 A "'- ,'.- , CLERK OF THE CIRCUIT COURT '-. \ Dwight E. Brock COLLIER COUNTY ~URTI\OUSE 3301 TAMIAMI T . IL EA~T Clerk of Courts Clerk of Courts . P.O. BOX 4~~044 \, Accoun~ant NAPLES, FLORIDA ~ft.101-3d44 AudItor t( j Custodian of County Funds "'~~~i~~ ,/ '; I 8-;.7 December 6, 2005 Benj amin Brown, Esq Bond, Schoeneck and King, P .A. Northern Trust Building Suite 250 4001 Tamiami Trail North Naples, Florida 34103-3555 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497: Dowdy Administrative Variance Appeal Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 24, 2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 8, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. () . ~~WD l .[) e eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.cIerk.collier.fl.us Email: colliercIerk@c1erk.collier.fl.us ""'~'" -"-, ^_.,_._.. _.....H_'__".,.._~_=_~..." .,----.- ~, ~'; 7 A . , Mi,.. Heidi R. Rockhold From: Heidi R Rockhold Sent: Tuesday, December 06,200511 :23 AM To: 'Iegals@naplesnews.com' Subject: ADA-2005-AR-8497 -Mark & Shirley Dowdy Attachments: ADA-2005-AR-8497(1 ).doc; ADA-2005-AR-8497(1 ).doc Legals, Please advertise the above mentioned notice on Sunday, January 8, 2006. ~ ADA-200S-AR-8497 ADA-200S-AR-8497 (i).doc (29 KB... (i).doc (28 KB... If questions', please call.. Thanks Heidi R. Rockhold, Minutes and Record:;; Department 239-774-8411 (heidi. rockhold@.clerk.collier.fl.us) Heidi Rockhold I "",....... ~,_.'. '''"....,.~.,,-">> ~.,-,,--->",.... -'-'- ~. i'ice 7A ,. ...... Heidi R. Rockhold From: Clerk Postmaster Sent: Tuesday, December 06, 2005 11 :23 AM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT2477419.txt; ADA-2005-AR-8497-Mark & Shirley Dowdy [] D " . ':.._ -w~ ,:,..i.... ATT2477419.txt ADA-200S-AR-8497 (231 B) -Mark & Shirle... Th" .' . II I D f S', \! t . IS IS an aUlOmatlCa. y generatel .. e Ivery k tatus j otpcatlOfl. Your mes5wge has been succes...,jitlly relayed to thef()llrHving recipients, but the requested delive/)' status not(jlcations may not be generated by the destination. legals@}Jlaplesnervs.com Heidi Rockhold I .~""-"._",~_."--~,--,~-,,--_.,.._,-- Heidi R. Rockhold ., ~7 4- I ~ From: System Administrator [postmaster@naplesnews.com] Sent: Tuesday, December 06, 2005 11 :23 AM To: Heidi R. Rockhold Subject: Delivered: ADA-2005-AR-8497-Mark & Shirley Dowdy Attachments: ADA-2005-AR-8497-Mark & Shirley Dowdy B ,~ ADA-2005-AR-8497 -Mark & Shirle... <<ADA-2005-AR-8497-lvfark & ,S'hirlty Dowdy>> Your message To: I ega Is@!naplesllelt/s.com SU1?jeel: ADA-2005-AR-8497-A1ark & Shirley Dowdy Sent: Tue, 6 Dee 2005 J 1 :22:39 -0500 wac,' delivered to thefollmving recipient(sJ: legals on Tue, 6 Dee 2005 11:22:48 -0500 Heidi Rockhold I "_~_...._.".._~-"., ,--'"""'",--~.. ADA-2005-AR-8497-Mark & Shirley Dowdy Page 1 of 1 t .~ 7 A r ..~. Heidi R. Rockhold ~__~"_"_"~,~'~_'___'m'~~~^~~~=_,_wm~'^~"_m'._v_~,~~~_~~'_'?'WV_'~~_"'~~'~__~~'~"_._,w__vm~_'~^,_."ww~~_..~~~~''^''^~_'^~~.V_'_...'~~m^~~.~_ _'^V^~~_~_,~~ From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, December 06, 2005 11 :44 AM To: Heidi R. Rockhold Subject: RE: ADA-2005-AR-8497 -Mark & Shirley Dowdy OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@clerk.collierJl.us] Sent: Tuesday, December 06,2005 11:23 AM To: legals@naplesnews.com Subject: ADA-2005-AR-8497-Mark & Shirley Dowdy Legals, Please advertise the above mentioned notice on Sunday, January 8, 2006. <<ADA-2005-AR-8497(1 ).doc>> <<ADA-2005-AR-8497(1 ).doc>> lfquestions, please call.. Thanks Heidi R. Rockhold, Minutes and Records Department 239-774-8411 (heidi. rockhold(~~clerk. collierfl. us) 12/6/2005 Page 1 of 1 .' ~.. 7A ...... Patricia L. Morgan ~~~- '_~'~_~^~""'~__~~~"_'~~~'._'.~.~~__~O~~"~~~~,..,_ ~'-^~-- From: martin_ c [CeciliaMartin@colliergov.net] Sent: Monday. January 09.2006 12:37 PM To: Minutes and Records Subject: FW: Dowdy Advertising Requirementsl ADA-05-AR08497 Please readvertise for the edition of January 29, 2006, for the February 14, 2006 BCC meeting date. Note in his E- mail where he is mentioning it this is a standard clause in a 15 day notice it must be changed. From: KlatzkowJeff Sent: Monday, January 09,2006 12:14 PM To: KoehlerLisa; murray-s; martin_c Cc: SchmitUoseph; weigeLd; student_m; PettitMichael; martin_c Subject: RE: Dowdy Advertising Requirements All: Chapter 250 of the Collier County Code of Laws and Ordinances is clear on the advertising requirements. I strongly recommend that the matter be put over to February 14th and readvertised. In readvertising the hearing, please make sure that the advertising states the time and place ofthe hearing, the nature of the matter to be discussed specific all state that writt~ncommentsfiled with an appropriate d~signated9ffi~iillwill be heard. Also, please note that the ad published was inherently defective, requiring that "Persons wishing to have written or graphic materials included in the Board packets must submit said material a minimum of 3 weeks prior to the respective public hearing." Since the ad was published January 8th, this is an impossibility. If this is a standard clause in a 15 day notice, it must be changed. -Jeff Klatzkow 1/912006 --.._- Page 1 of2 ki;; " 7 A ... Heidi R. Rockhold _,~_.,_,_.,..,.._,.,.,_~~__~~~~~~~~~u.,~~~~~,,~~~~_~~__~'_"'~~V^~~_'_~~~"~_~~~__~"_V^~.,~~,_~~,_".~.,_,~,._,.V^U^~~~~_~___~~~,~ From: martin_c [CeciliaMartin@colliergov.net] Sent: Thursday, January 12,200610:06 AM To: Minutes and Records Subject: ADA-05-AR-8497 Mark Dowdy BCC ad for 2/14/06 meeting. Please send me copy of the ad you sent to the paper. Thanks. ,"",_~~~~,~_~_~~~~~"~_~~o~.,~"",__^'_u,'",,,__m'm_u.,__'_m.v~~W'~m.~~,U"...,,~~~,~~~^.,~_~.O'~_""''''',",,_.A_U~_.'_''"U'"",~0"'~__,~_._o~",'m.m"'_"'~.~~,_~.____m'_~~~~~ 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 Other: ******************************************************************************** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Susan Murray, AICP Date: Petition No. (Ifnone, give brief description): ADA-2005-AR-8497, Mark Dowdy Petitioner: (Name & Address): Vanderbilt Beach Property Owners Association, c/o B.l. Savard-Boyer VBPOA & Richard Bing VBBA, 10851 Gulfshore Drive, Naples, FL. 34106 Name & Address of any person(s) to be notified by Clerk's Office: Mark and Shirley Dowdy, 49564 Nautical Drive, New Baltimore, MI 48047 Benjamin Brown,Esq.Bond,Schoeneck and King I P . A. , Northern Trust Building, Suite 250, 4001 Tamiami Trail North, Naples I FL 34103-3555 Hearing before BCC BZA Other Requested Hearing date: ;Etlbl"lla-D'_1'6-20QlL Based on advertisement appearing 15_ days before hearing. Newspaper(s) to be used: XXX Naples Daily News Proposed Text: (Include legal description & common location & Size): r~JitioIl:ADA-JQ()5-AR-8427, The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee submit this appeal for an administrative decision, specifically asking to overturn the granted administrative variance (A V A-2005-AR-7821) for property located at 316 Flamingo Avenue. Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: Approved by: Department Head Date County Manager Date DISl'mBUIIj)J'Ul'iS'LlUJCTIQ~S 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 1/12/2006 ----.- -- h "_,..",,,,_~,.",~_'~'._n. -- Page 2 of2 A. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining'~t copy 7A for file. *********************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Adverti,edo # Date Reeeiv<do ~ Date of Public he",ingo ~ 1/12/2006 -.....-._- . '~~"M.'" .~,.,....~,_~._^,.__.__ -''''-- ~\".7A ~. ,:> -. January 12, 2006 Attn: Legals Naples Daily News l075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497, Mark & Shirley Dowdy Dear Legals: Please advertise the above referenced petition 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 Charge to: Account 113-138312-649110 '-^,_.~-- !~'7 A 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 ADA-200S-AR-8497: The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee submit this appeal for an administrative decision, specifically asking to overturn the granted administrative variance (AVA-200S-AR-782l) for property located at 316 Flamingo Road. 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 FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk ( SEAL) __~"_'_H ..-- 'Coiiiity-ofC~11ier ~ 7A h'14.,..., . -",y~ '-", '. CLERK OF THE CIRCUIT COURT "'-. ... Dwight E. Brock COLLIER COUNTY ~URT1l0USE Clerk of Courts 3301 TAMIAMI T It EAiST Clerk of Courts P.O. BOX 4~a044\ Accountant NAPLES, FLORlDA ~~101-3d44 Auditor ~/ I Custodian of County Funds ."1. I .>."I;'~ .,. ! >l;;''c'~j~) January l2, 2006 Mark and Shirley Dowdy 49564 Nautical Drive New Baltimore, MI 48047 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497: Dowdy Administrative Variance Appeal Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 14, 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 29, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~.(X~~\OL Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.c1erk.collier.f1.us Email: collierclerk@c1erk.collier.f1.us "..~_.,."._".'. - -,-.'~. ^ CoiiJify-of-C()l,lier '-, 7A ..... "'-, . CLERK OF THE G~~CU:IT COURT' Dwight E. Brock COLLIER COUNTY tURTI\OUSE Clerk of Courts 3301 TAMIAMI T It EAtST Clerk of Courts . P.O. BOX 4 ~044 \, Accountant NAPLES, FLORIDA ~ft,101-3044 Auditor i{' I Custodian of County Funds ,.....::;t.:~..:. r r ;<--~'. ! r jA /' January l2, 2006 Benj amin Brown, Esq Bond, Schoeneck and King, P .A. Northern Trust Building Suite 250 4001 Tamiami Trail North Naples, Florida 34103-3555 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497: Dowdy Administrative Variance Appeal Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 14, 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 29, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. 0. .~~Qj~ ,DC eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.c1erk.collier.fl.us Email: collierclerk@c1erk.collier.fl.us . CoIijify-ofG<Jl,lier '-.... 7A CLERK OF THE"CIRCQIT COURT Dwight E. Brock COLLIER COUNTY QoURTllOUSE Clerk of Courts 3301 TAMIAMI niAIL EAt$T Clerk of Courts P.O. BOX 4i~044 \, Accountant NAPLES, FLORIDk~,1101-3d~A Auditor .....1 . Custodian of County Funds Y( I I .,' '.,. :':"'~'" ! < I :J~;t / January 12,2006 Vanderbilt Beach Property Owners Assoc. C/O B.J. Savard-Boyer VBPOA Richard Bing VBBA 10851 Gulfshore Drive Naples, FL 34106 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497: Dowdy Administrative Variance Appeal Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 14,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 29, 2006. Y Oil are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~'O.~&kO,~ Idi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.c1erk.collier.fl.us Email: collierclerk@c1erk.collier.fl.us - "~'M"A ~ o._~_. ~.i~. ik 7A Q~, Heidi R. Rockhold From: Heidi R. Rockhold Sent: Thursday, January 12, 2006 10:35 AM To: 'Iegals@naplesnews.com' Cc: Martin, Cecilia Subject: ADA-2005-AR-8497; Mark and Shirley Dowdy Attachments: ADA-2005-AR-8497 (2 ).doc; ADA-2005-AR-8497 (2 ).doc Legals. Please advertise the above mentioned notice on Sunda.J:', January 29, 2006. ADA-200S-AR-8497 ADA-200S-AR-8497 (2).doc (29 KB... (2).doc (28 KB... If you have questions, please call. Thank vou, .' Heidi R. Rockhold Clerk to the Board of County Commissioners Minutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collierfl.us) Heidi Rockhold ] -.."-- ~. ;;' 7 A Heidi R. Rockhold From: ClerkPostmaster Sent: Thursday, January 12, 2006 10:35 AM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT871114.txt; ADA-2005-AR-8497; Mark and Shirley Dowdy I!:'l r:71 G:..J L:21 ATT871114.txt ADA-200S-AR-8497 (231 B) ; Mark and Shi...TJ_ . . .. II I D I' S'. i\ r 'f' , 1 filS Ie\' an automatlca y gEneratel. elver:}' '-. tatus jvot~ilcatLOn. Your message lta.S' been succes.'l:fitlly relayed to thefollrHving recipients, but the requested delivery status not(/lcations may not be generated by the destination. I egals(~~Jl{lpl es ne'Yvs. com Heidi Rockhold 1 ~_.".___.~..__.e _._..__ Heidi R. Rockhold .....-.-. 7A From: System Administrator To: Martin, Cecilia Sent: Thursday, January 12, 2006 10:35 AM Subject: Delivered:ADA-2005-AR-8497; Mark and Shirley Dowdy Your message To: legals@naplesnews.com Cc: Martin, Cecilia Subject: ADA-200S-AR-8497; Mark and Shirley Dowdy Sent: 1/12/2006 10:35 AM was delivered to the following recipient(s): Martin, Cecilia on 1/12/2006 10:3S AM Heidi Rockhold 1 Heidi R. Rockhold f...'.. ZL From: System Administrator [postmaster@naplesnews.com] Sent: Thursday, January 12, 200610:35 AM To: Heidi R. Rockhold Subject: Delivered: ADA-2005-AR-8497; Mark and Shirley Dowdy Attachments: ADA-2005-AR-8497; Mark and Shirley Dowdy B ADA-200S-AR-8497 ; Mark and Shi... <<ADA-2005-AR-8497; j\4ark and Shirley Dovvd,y> > Your message To: legals (ijj napl es nel-1/s. com Cc: iVfartin. Cecilia Sul?ject: ADA-2()()5-AR-8497; iHark and Shirl(~v Dm1/(6/ Sent: Thu. 12 .Ian 2006 10:34:30 -0500 HYlS delivered to the follmving recipient(5): legals on Thu. 12 .Ian 2006 10:34:34 -0500 Heidi Rockhold 1 ----- ADA-2005-AR-8497; Mark and Shirley Dowdy Page 1 of 1 k,' ~" 7 A l """- Heidi R. Rockhold --'.~._-_.~.' ~__~~~~^~__~",'_'~^~~'~~~"~V_'_~"'.'_~~'_"~_'~_~~~~'~^_,~^~~,.~~,v.~.,_v__.,v~~~.,.~~~~~,_~,.~.~~,~,___,__y__.~~_~~~^~~_~~~ From: martin_c [CeciliaMartin@colliergov.net] Sent: Thursday, January 12, 2006 1 :39 PM To: Heidi R. Rockhold Subject: RE: ADA-2005-AR-8497; Mark and Shirley Dowdy I am waiting for an E-mail Susan said Joe Schmitt just received stating the applicant did not want the hearing scheduled for 2/14/06 BCC meeting. I will send you the Ej-mail when I receive it from her to kill the ad you just sent. From: Heidi R. Rockhold [mailto:Heidi.Rockhold@clerk.collierJI.us] Sent: Thursday, January 12, 2006 10:35 AM To: legals@naplesnews.com Cc: martin_c Subject: ADA-2005-AR-8497; Mark and Shirley Dowdy Legals, Please advertise the above mentioned notice on Sunday, January 29, 2006. <<ADA-2005-AR-849 7(2). doc>> <<ADA-2005-AR-849 7(2). doc>> If you have questions, please call. Thank you, Heidi R. Rockhold Clerk to the Board o./,County Commissioners Iv/inutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi.rockhold@clerk.collierfl.us) 1/1212006 .----_._-- --.,.~- FW: ADA-05-AR-8497 Mark Dowdy ad Page 1 of 1 .. , 7A Heidi R. Rockhold -~~.~~,^y----~~'~~~~~-'~.,-^~-'~^'-~~'-"-~'----_'_--'~~~~~~=,.~~~^- --~,~~,-~.~._-~,-~--,-,--,~~-~ From: martin_c [CeciliaMartin@colliergov.net] Sent: Thursday, January 12, 2006 1 :52 PM To: Heidi R. Rockhold Cc: Murray, Susan Subject: FW: ADA-05-AR-8497 Mark Dowdy ad Please kill the ad you just sent to Naples Daily News per Susan Murray's E-mail. Thanks. From: murray-s Sent: Thursday, January 12, 2006 1:47 PM To: martin_c Subject: Please kill the ad for the Dowdy Variance appeal ADA AR 8497 scheduled for 2/14 Susan'\Iurray, AICP, Director Department of Zoning and Land Development Review 1/12/2006 w._._____..- --,_._._--,,--,,'., "'_e.._._,_ ADA-2005-AR-8497; Mark and Shirley Dowdy Page 1 of2 ..... 7A Heidi R. Rockhold v_v~_,,~_~~_~,______,~,__'~~~'_"~"~'_~_~V~__'.'.~~_"^'~~~~'_'^~~_~~~^"~_~~~_'^v'~_'~~'='_~_'_~~_~~~~~~ From: Heidi R. Rockhold Sent: Thursday, January 12, 2006 2:22 PM To: 'Perrell, Pamela' Subject: RE: ADA-2005-AR-8497; Mark and Shirley Dowdy "KILL AD" Pam, Please do not kill the messenger......... but... this is a request to /I KILL THE AD " I know you just received it, but there is now a date change and we do not have one as of yet... Sorry for the inconvenience.. Heidi From: Perrell, Pamela [mailto:paperrell@naplesnews.com] Sent: Thursday, January 12, 2006 2:00 PM To: Heidi R. Rockhold Subject: RE: ADA-2005-AR-8497; Mark and Shirley Dowdy OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collier.fl.us] Sent: Thursday, January 12, 2006 10:35 AM To: legals@naplesnews.com Cc: Martin, Cecilia Subject: ADA-2005-AR-8497; Mark and Shirley Dowdy Legals, Please advertise the above mentioned notice on Sunday, January 29, 2006. <<ADA-2005-AR-8497(2). doc>> <<ADA-2005-AR-8497(2). doc>> 1.[ you have questions, please call. Thank you, Heidi R. Rockhold Clerk to the Board of County Commissioners Minutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collier.fl. us) 1/1212006 .'--- Heidi R. Rockhold lit"" '~ZJ ,'", From: ClerkPostmaster Sent: Thursday, January 12, 2006 2:22 PM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT873662,txt; RE: ADA-2005-AR-8497; Mark and Shirley Dowdy "KILL AD" ~ B -- "-f ATT873662.txt RE: (228 B) 005-AR-8497; Mark Th . . . If I D !' S' \l if' . IS IS' an automallca y generatel. e IVet}' , tatus j otncatlOn. Your message has been suC('e,...'.~flt!!y relayed to thefollrHlling recipients, but the requested delivery status not(fzcations may not be generated by the destination. paperrell ca2naplesne~vs. corn Heidi Rockhold 1 --- Heidi R. Rockhold ~ "'7 A From: System Administrator [postmaster@naplesnews.com] Sent: Thursday, January 12, 20062:21 PM To: Heidi R. Rockhold Subject: Delivered: RE: ADA-2005-AR-8497; Mark and Shirley Dowdy "KILL AD" Attachments: RE: ADA-2005-AR-8497; Mark and Shirley Dowdy "KILL AD" D ,- RE: OOS-AR-8497; Mark <<RE: ADA-2005-AR-8497; iHark and Shirley DOH1dy "KILL AD">> Your I1ze,",'sage To: Perrell. Pamela Subject: RE: ADA-2005-AR-8497; iHark and Shirlev Dowdv "KILL AD" ..- . .-- 0/ Sent: Thu, 12 .Ian 2006 14:21:31 -()500 l1,'{/S delivered to thefollOlving recipient(s): Perrell, Pamela on Thu, 12 .Ian 2006 14: 21 :25 -0500 Heidi Rockhold I ^~__n.,",....__,__._,.,.._u._~..",'"'_ '~_"'''-''''-_''='----'--'-'~-''-'-''-"'-' ",_._-,- ADA-2005-AR-8497; Mark and Shirley Dowdy Page 1 of2 .~.~- 7A Heidi R. Rockhold ____~____~_~__~_.._~____m'.~__~,~~~,,,.'_~_.__=^ ~^~~~_V_~V__"~~'^'''=''_~'~~'~~~__~~'' From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Thursday, January 12, 2006 2:25 PM To: Heidi R. Rockhold Subject: RE: ADA-2005-AR-8497; Mark and Shirley Dowdy "KILL AD" I'm gonna KILL you both!!! Uust kidding) -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collierJl.us] Sent: Thursday, January 12, 2006 2:22 PM To: Perrell, Pamela Subject: RE: ADA-2005-AR-8497; Mark and Shirley Dowdy "KILL AD" Pam, Please do not kill the messenger......... but... this is a request to " KILL THE AD " I know you just received it, but there is now a date change and we do not have one as of yet... Sorry for the inconvenience.. Heidi From: Perrell, Pamela [mailto:paperrell@naplesnews.com] Sent: Thursday, January 12, 2006 2:00 PM To: Heidi R. Rockhold Subject: RE: ADA-2005-AR-8497; Mark and Shirley Dowdy OK -----Original Message----- From: Heidi R. Rockhold [mailto:HeidLRockhold@c1erk.collierJI.us] Sent: Thursday, January 12, 2006 10:35 AM To: legals@naplesnews.com Cc: Martin, Cecilia Subject: ADA-2005-AR-8497; Mark and Shirley Dowdy Legals, Please advertise the above mentioned notice on Sunday, January 29, 2006. <<ADA-2005-AR-849 7(2). doc> > <<ADA-2005-AR-849 7(2). doc>> If you have questions, please call. Thank you, 1/12/2006 ^"~".~-_._, ----.-.._- ADA-2005-AR-8497; Mark and Shirley Dowdy Page 1 of 1 ,". 7A II:..... Heidi R. Rockhold ^~~~~,",,_~_,____,___~_'~_".'__^_~^___W__"._~__h_"___~,__"_~____,_,,, ,-~- From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Thursday, January 12, 20062:00 PM To: Heidi R. Rockhold Subject: RE: ADA-2005-AR-8497; Mark and Shirley Dowdy OK -----Original Message----- From: Heidi R. Rockhold [mailto:Heidi.Rockhold@c1erk.collierJl.us] Sent: Thursday, January 12, 2006 10:35 AM To: legals@naplesnews.com Cc: Martin, Cecilia Subject: ADA-2005-AR-8497; Mark and Shirley Dowdy Legals. Please advertise the above mentioned notice on Sunday. January 29, 2006. <<ADA-2005-AR-8497(2). doc>> <<ADA-2005-AR-8497(2). doc>> fr you have questions, please call. Thank you, Heidi R. Rockhold Clerk to the Board (~r County Commissioners Minutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collier.fl.us) 1/12/2006 -_._-,- --.'.-- ..,,~ 7A Heidi R. Rockhold From: System Administrator [postmaster@naplesnews.com] Sent: Thursday, January 12, 20062:27 PM To: Heidi R. Rockhold Subject: Delivered: RE: ADA-2005-AR-8497; Mark and Shirley Dowdy "KILL AD" Attachments: RE: ADA-2005-AR-8497; Mark and Shirley Dowdy "KILL AD" El ',~, RE: OOS-AR-8497; Mark <<RE: ADA-2005-AR-8497; Alark and .s'hirley Dmvdy "KILL AD">> Your fJzessage To: Perrell. Pamela Sul~iect: RE: ADA-2005-AR-8497: A1ark and Shirh~y Dowd.v "KILL AD" 5'ent: Thu. 12 Jail 2006 14:26:34 -()500 l1/aS delivered to thefbllowing' recipient(s): Perrell, Pamela on Thu, 12.fan 2006 14:26:32 -0500 Heidi Rockhold 1 _"""._,,-~- ;; '" lia, 7 A li'?!- ; 1"-' - Naples Daily News :: . Naples, FL 34102 Affidavit o~ Publication ; AOMOO5-AR-8497 I Naples Dally News ' NOTlCEOF. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ " PU8UC HEARlNG NOtice I. hereby glvenl tf'tat the Board Of county commissioners of Col- ,lier County wIU h~ld a BOARD OF COUNTY COMMISSIONERS a~~Ic~a=~8.o~OO~e~ CHERI LEFARA the Boardroom. 3rd PO BOX 413016 Floor. Administration NAPLE S FL 3 41 0 1 3 0 16 BUlldlng,colller County - Governm\!nt Center, 3301 EaSt Tamlaml Trail. tKples. Florida. The meetl~ wilt begin at 9:00 A.M. The Bovd will consider I REFERENCE: 001230 113138312649110 Plltitiqn ADA-Z005-AR-1 59151160 ADA-2 005 -AR- 8497NOTI I::~~~:':pe"ang::n~i Association. ~andel1lllti St t f Fl . d Illtac:h and lIayAssoc:la: a e 0 orl . a tlon and Van,derbUt County of Colller B'ach zonlnft Commit. Before the undersigned authority, personally J~~:~b':A~'nl~tmTva~ appeared B. Lamb, who on oath says that she serves d~clslon, specifically as.Assistant Co~orate Secretary o~ the Naples ::~IJoa3~~~~JZ: Dally News, a dally newspaper publlshed at Naples, variance (AVA.2005'AR. in Collier Cour:ty. Florida: ,that ~he a~tached ~l~:O~f~o~ml~~ copy of advertls.dig was pllLllshed In sald Road. , newspaper on dates listed. tim. All Pe Ish Affiant further says that the said Naples Daily Ing to spearr':nwan; News. is a newspaper I?ublished at Naples, . in said r:..~th'\1: mr:~,,'t. Colller County, Florlda, and that the sald mlnistrator prloi' to pre- newspaper has heretofore been continuously sentatlon of the agenda bl' h d' . d C 11' C t Fl ' d h Item to be acUlreued. pu lS e ln sal 0 ler oun y, orl a, eac Indivldulil speak:eriWIII day and has been entered as second class mail be IImite4 to !I minutes h ff ' . 1 . . d on any Item Tl1e selee. matter at t e post 0 lce ln Nap es, ln sal tlon of an lildlvldual to Collier County, Florida, for a period of 1 year speak on behalf of an d . h f . b 1 . . f h organization or group 1$ next prece lng t e lrs~ pu lcatlon 0 . t e encouraged. If recog-I attached copy of advertlsement i and afflant nlzed by the Chair. a f th th t h h . th . d spokesperson for a ur . er says a s e . as nel er pal. nor group or organization promlsed any person, flrm or corporatlon any may be allotted 10 min. discount, rebate, commission or refund for the utes to speak on an purpose of securing this advertisement for ~m. I bl' t' 'th . d ewsp Persons wishing to pu lC lon ln e sal n aper. have written or graphic materials Included In PUBLISHED ON: 01/08 01/08 the B9A1'd,agenda pack. e. t,s. mu, Sf" .$t,Ib, mil. said matilrIal '.mtl'l\mUm of ~ week's"pdor to tftere. spjlCtlvepublk: hearing. ~<:Mel written ma. ter . . In ,elided t be sha. . e' s~.:JrJ~ AD SPACE: 104.000 INCH the app~rl.t. Cmty ~:~~~-~~~-----~:~~:~~~----------------------------+------------------------,~:,1;~J~~.~.~: .J ,(, ,', . terlal used Inpresenta- . . ~ tlons befofe the Board Slgnature of Afflant . J ' ') wl11 become a perma. "1, --- ~ neJ'l! ~ of the rec9rd. . Sworn to and Subscribed before me this 7::!:- day of .T ~ 20t2.fe. .~,i. . '7{" f!1 If JL~b, 'WliII'leeCl a ..ecord'oft , d. Personally known by me, tu'vv--,,---' -<-<--<I '7-, ,"lIS ~"alnlno~' to, and therefor.. !'Ilay , need to ensure that a , '<<Irbatlm record of the proc..dlop, I. made. which recordlol;ludes tI'le teattmony and evI- dence mlon which the ,,"ifIll . ' stMssed ~'~1-Y'o'.fi'.;::'" Harnett Bushong ,appealls ' , f~'(~';'f*~ MY COMMISSION # DD234689 EXPIRES ~8~~,~~ 00 NT Y \:;;.~..,~= July 24,2007 COLLIER' COUNTY, -.( c;;t -;,,~,., 80NDED THRU TROY FAIN INSURANCE, INC FLORIDA,' , "" "" ,.FREb COYLE. CfWRMAN 'I)W'IGH1'r., BROe'K, CLERK By: Heidi R.. Rockhold, Deputy Clerk ' (SEAL) Jan. 8 No. 12mSO . _..~ ~,,~._ " """_"H,.~>_" '''_W''; _ __.. ",_. ",..' _ _.._ --"--- 1 tr 7 A i ...~,.. 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 Other: ....................****...*...*...*..**....**.......**...*.*...**.****.*****.**.** Originating DeptJ Div: Comm.Dev.Serv.lPlanning Person: Susan Murray, AICP Date: Petition No. (If none, give brief description): ADA-2005-AR-8497, Mark Dowdy Petitioner: (Name & Address): Vanderbilt Beach Property Owners Association, c/o BJ. Savard-Boyer VBPOA & Richard Bing VBBA, 10851 Gulfshore Drive, Naples, FL. 34106 Name & Address of any person(s) to be notified by Clerk's Office: Mark and Shirley Dowdy, 49564 Nautical Drive, New Baltimore, MI 48047 Benjamin Brown, Esq.Bond, Schoeneck and King, P.A., Northern Trust Building, Suite 250, 4001 Tamiami Trail North, Naples, FL 34103-3555 Hearing before BCC BZA Other Requested Hearing date: March 14. 2006 Based on advertisement appearing ..!Ldays before hearing. Newspaper(s) to be used: XXX Naples Daily News Proposed Text: (Include legal description & common location & Size): Petition: ADA-200S-AR-8497, The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee submit this appeal for an administrative decision, specifically asking to overturn the granted administrative variance (A V A-1OOS-AR-7811) for property located at 316 Flamingo Avenue. Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: Approved by: ~~ I/;~ kf4 dite County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Req uesting 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: 1 ZDI tr.c Date of Public hearing: ~ Date Advertised: ~ I '---"--~_._--- ..,,, 7A January 24,2006 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497, Mark & Shirley Dowdy Dear Legals: Please advertise the above referenced petition on Sunday, February 26, 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 Charge to: Account 113-138312-649110 ~-<-~-_.,.- '- " !: "7 A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 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 ADA-200S-AR-8497: The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee submit this appeal for an administrative decision, specifically asking to overturn the granted administrative variance (AVA-200S-AR-7821) for property located at 316 Flamingo Road. 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 FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk (SEAL) --~--,_._-~..- _._~-,- ~.7A 'Coiiiih1-ofGo:Jlier -, ~ . .,,:::~ "'J,__....." \ CLERK OF THE CIRCUIT COURT '-. ~ . COLLIER COUNTY qoURT OUSE DWIght E. Brock 3301 TAMIAMI TJtAIL EA~T Clerk of Courts Clerk of Courts . P.O. BOX 4~~044 \ Accoun~ant NAPLES, FLORIDA ~jlOl-3d44 AudItor '"i(; Custodian of County Funds '~\-:: I .;x;~. / '<::")--~;l January 24,2006 Vanderbilt Beach Property Owners Assoc. C/O B.J. Savard-Boyer VBPOA Richard Bing VBBA 10851 Gulfshore Drive Naples, FL 34106 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497: Dowdy Administrative Variance Appeal Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 14, 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 26, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Wudi. . f1 OjJcJcAoffJ, /)(, (tlidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us -.-..---- " "..,...____..."..>".m'O....... -.. _...,..."..,._-_.",..~.. B ,_._."."''".._...___"_.~,..._.,...____.._..,._ ~.__._.._,__"__.._,..__ Couiify-ofC€Jllier !'-'7 A ~,'t;,. '--'_ " CLERK OF THE CtRCUIT COURT , \ Dwight E. Brock COLLIER COUNTY ~URTIl.OUSE Clerk of Courts 3301 TAMIAMI IL EAlST Clerk of Courts P.O. BOX 41-~044 \, Accountant NAPLES, FLORIDA ~ft, 10 1-3044 Auditor V I Custodian of County Funds ,,-:~ir'\_J;' - /" January 24,2006 Mark and Shirley Dowdy 49564 Nautical Drive New Baltimore, MI 48047 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497: Dowdy Administrative Variance Appeal Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 14,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 26, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t:' Q q(}cJdM/J,I(}C eidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us "--- ..-"......... ,~'_.."~_."-".'.-_.,."--.".._-_._,-~-,._,, Goiijify-ofte~lier ' . '" 7 A ~ ,....... 1 CLERK OF THE GlRCl1IT COURT Dwight E. Brock COLLIER COUNT1URT~OUSE Clerk of Courts 330 1 TAMIAMI IL EA~T Clerk of Courts , P.O. BOX 4 a044 \" Accoun~ant NAPLES, FLORIDA \?ft.lOl-3044 . AudItor ~{i CustodIan of County Funds ,:,^;t;~.;,. l 'l~h " , \:?-_i ,- January 24, 2006 Benjamin Brown, Esq Bond, Schoeneck and King, P.A. Northern Trust Building Suite 250 400 1 Tamiami Trail North Naples, Florida 34103-3555 Re: Notice of Public Hearing to Consider Petition ADA-2005-AR-8497: Dowdy Administrative Variance Appeal Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 14, 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 26, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK '!jucfj.(1 qroctkxd,JJ(} Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us "."~'"-'-''' ----,.~..-.__.- "--~ f '. 1"':7 A i Heidi R. Rockhold From: Heidi R. Rockhold Sent: Tuesday, January 24, 2006 11 :58 AM To: 'Iegals@naplesnews.com' Subject: ADA-2005-AR-8497, Mark and Shirley Dowdy Attachments: ADA-2005-AR-8497 (3) .doc; ADA-2005-AR-8497 (3 ).doc Legals, Please advertise the above mentioned notice on Sunday. February 26, 2006. ADA-2005-AR-8497 ADA-2005-AR-8497 (3).doc (29 KB... (3).doc (28 KB... f{you have any questions, please cal/. Thank you. Heidi R. Rockhold Clerk to the Board of CountJ' Commissioners Jvfinutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collier.fl.us) Heidi Rockhold I --- ,.,.. . 1--7A Heidi R. Rockhold From: ClerkPostmaster Sent: Tuesday, January 24, 2006 11 :58 AM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT2215257.txt; ADA-2005-AR-8497, Mark and Shirley Dowdy S [J '-' ATT2215257.txt ADA-2005-AR-8497 (231 B) I Mark and Shi... Th' , ., II I D /' S' V iff . .IS I.... an automatlca y generatel e Ive'T k. tatus j otl [CatlOn. Your message has been succes,~fltlly relayed to thefollovving recipients, but the reque5,.ted delivel)' status not(fkations may not be generated by the destination. / egals@i.naplesnews.com Heidi Rockhold 1 -'-~- ADA-2005-AR-8497, Mark and Shirley Dowdy Page 1 of 1 ~, ..' 7 A . " Heidi R. Rockhold ~~~-~~~~~._-'~~~~~~'~-- . v~_~~._~~~_~_~,~ From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, January 24, 2006 12:04 PM To: Heidi R. Rockhold Subject: RE: ADA-2005-AR-8497, Mark and Shirley Dowdy OK -----Original Message----- From: Heidi R. Rockhold [mailto:HeidLRockhold@c1erk.collierJI.us] Sent: Tuesday, January 24, 2006 11:58 AM To: legals@naplesnews.com Subject: ADA-2005-AR-8497, Mark and Shirley Dowdy Legals, Please advertise the above mentioned notice on SundaJ', February 26, 2006. <<ADA-2005-AR-849 7(3). doc>> <<ADA-2005-AR-849 7(3) .doc>> If you have any 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.collier.fl.us) 1/2412006 '"-- Naples Daily News t. ,... 7 A Naples, FL 34102 . Affidavit of Publication Naples Daily News.AC'84'97 ADA-2OO5."",. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - -, '1lIOTICIOF ' I . PU8LlC HEARING 1;;\ BOARD OF COUNTY COMMISSIONERS 'N:Ptlc. 15 herel:lY'.....n CHERI LEFARA :tJ\It the Bolll'dllf Cl~ PO BOX 413016 IcommI5llIot'l!f".I' 'M.'IC.dO~ .Iter county wil' ; . .. NAPLES FL 34101- 3016 .p.ubllchewhlno.Oil2 O' 06 f~ .i:!ay. Marc 1... tb1!. ,oardroom. 3rd, 'FJeor, Adml"lstratlon, 'lIu4ldlng, COllier County REFERENCE: 001230 113138312649110'GC1vel'nment Center, 59175944 ADA-2005-AR-8497NOTI '3301 East Tam1am1 Tr!". 'Naples, Florida. T..t meeting will . bellln at State of Florida :9:flllA.M. County of Collier 'rbit Board will consider Before the undersigned authority, personally :petg!091\:D~.~bJl:itnt appeared B. Lamb, who on oath says that she serves 18i~l!lch Property Ownem as Assistant Corporate Secretary of the Naples i ociatlon va~'C~ Daily News, a daily newspaper published at Naples,:t ~a~t;'nderbllt in Collier Cour:t~, Florida: . that t;:he at;:tached :Beaca~l~[tf~llfo:::~~i copy of advert~s~ng was publ~shed ~n sa~d ,~f an administrative newspaper on dates listed. 14;.cl5,lon. speclfl.cally , " lasklng tomerturn the Aff~ant further says that the sa~d Naples Da~ly Igrllfl"d .Inlstratlve News is a newspaper published at Naples, in said l*~ AYAo20'tt:: Collier County, Florida, and that the said:;jJ' ~t ~~mlngo newspaper has heretofore been continuously ,RIled. published in said Collier County, Florida, ~ach ;r<<m:AII Persons wish- day and has been entered as second class mail ilno~::n":~lIr::ri: matter at the post office in Naples, in said ;~Wlth the county Ad- Collier County, Florida, for a period of 1 year lralnlstrato~~ to p~- next preceding the first publication of the :i't~a~gnbe add.?:fed~ attached copy of advertisement. and affiant ;Imllvldual ,spe5akmlers.~1I .' . .~~~h~ further says that she has ne~ ther pa~d nor lOilany lte/Tl. The. setec.. p~omised any person, f~rm.or corporation any :OO;a~fo~J~tl:I!f":.~ dlscount, rebate, commlss~on or refund for the '1""'~t\CmorfroUP'~ purp<;Jse. of ~ecuring t;:his advertisement for\'.;:3r:r~. lC~: ~~g~\ publ~ct~on ~n the sald newspaper. '!1 okesllerson ,for a :0 oup or organization PUBLISHED ON: 02/26 02/26 '~t~sb:o~~~gnm~~ Iter' ....\ <'; '.'.... :...,t,.,~..,.)",'.$"'Ill'!""!1> ~'r .. ;(II"CIl'..,."lc .'.................."....Iude<<l. in '.i: c:laptck. fa.. '.' '. mil. said AD SPACE: 105.000 INCH ...... ...lli:lmumof3 FILED ON: 02/27/06 wee s pt'lor tothe re- .~..~,!C hearing. - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - -~ - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - -'.5i;r~~ Signature of Aff~ant ~ . shall betu~mltted to / ~ tC the appropriate County . . . '-{ _ . staff.a mllllmum ()f sev- Sworn to and Subscr~bed before me th~s ;)').---, day of '-eft 20C)(~ en daysprl9.r to the] 2 It" ~1 - publiC hdlU'O' i\1l ma- '1 ,:) terlal us III resenta- Personally kno~ by me ~_"LV--<._ / L\-L<-~7 ",.,". ".t~e Board will become a perma- nent part of the record. Any' perllGrrwtm-1:h!cId- e$ to appeal a decision of the Board will need a tecord of the proceed- Ings perta)nlng. thereto , and therefore, may ,<;~; 'N~'" Harriet! Bushon." need to ensure that a 'P'~'j:C<<,_ J verbatim record of the .;' \ ';.:. MY COMMISSION # DD23466? EXPIRES proceedIngs s made, ,: }Jli!, ;~; J Iv 24 2007 which reco.rd Includes \','j!', ~';i?.." .. .. U 'j the testImony and evl- , .:.: '~:.v HONOfIJ I HRII TPr,y FaiN INSURANCE, INC dence upon which the appeal Is based. BOARD OF COUNTY COMMISSIONERs COLLIER COUNTY, FLORIDA FRANK HALAS. CHAIR.! MAN I DWIGHT E. BROCK, I CL~!( By: Heidi R. Rockhold, I DepUty Clerk. I (SEAL' , Feb. 26 ' N9,.1307173 ".<~ --_"__~~~~'-""-'" "__-."",,,.;", > _.____..m ORIGINAL DOCUMENTS CHECKLIST & R~UTING SJPI 7A TO ACCOMPANY ALL ORIGINAL DOCUMENTS S NT TO ..... THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TUR .. Print on pink papeL 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 itenL) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) I. 2. 3. 4. Jeffrey A. Klatzkow, Asst. County Atty, County Attorney JAK 3/20/06 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office Attn: Trish Morgan (8399) 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 Jeffrey A. Klatzkow Phone Number 8492 Contact Agenda Date Item was March 14,2006 Agenda Item Number 7A Approved by the BCC Type of Document Resolution ~-(Qq. Number of Original One Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. Clni tial) A licable) I. Original document has been signed/initialed for legal sufficiency, (All documents to be JAK 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 pagys from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK 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 of BCC approval of the JAK 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 JAK si nature and initials are re uircd. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 3/14/06 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.0:Ul4, Revised 1,26,05, Revised 2.24,05 05- TRN-00023/3 .......' .._."-~-_..".,_.,,,. ''', -.,.., *~, ..... ' ~-'~",,,,,,,,,,,-,,-,"..,~._,.,--.~,,,,'"'_'''_~_''''''''' 7A MEMORANDUM Date: March 23, 2006 To: Susan Murray, Director Zoning and Land Development Review From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2006-64: Resolution of Denial Enclosed, please find one copy of the above referenced document. Agenda Item #7 A, which was adopted by the Board of County Commissioners on Tuesday, March 14,2006. If you have any questions, please feel free to contact me at 774-8406. Thank you. Enclosure -"--.---... ".-. ...- -- 7A RESOLUTION 06-64 A RESOLUTION BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 250-56, ET SEQ., OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, DENYING AND OVERTURNING ADMINISTRA TIVE VARIANCE AVA- 200S-AR-7821 GRANTED FOR PROPERTY LOCATED AT 316 FLAMINGO AVENUE AND DENYING THE MOTION TO DISMISS APPEAL SUBMITTED ON BEHALF OF THE PROPERTY OWNERS. WHEREAS, previously the Collier County Department of Zoning and Land Development Review granted administrative variance A V A-2005-AR-7821 for property located at 316 Flamingo A venue; and WHEREAS, the Vanderbilt Beach Property Owners Association, the Vanderbilt Beach and Bay Association, and the Vanderbilt Beach Zoning Committee appealed this administrative variance pursuant to Section 250-58 of Code of Laws and Ordinances of Collier County ("Code"); and WHEREAS, by letter dated, February 3, 2006, Benjamin Brown, Esq., of Bond, Schoeneck & King, P.A., submitted a Motion to Dismiss Appeal, as untimely, on behalf of Mark and Shirley Dowdy, owners of the property located at 316 Flamingo A venue; and WHEREAS, in accordance with Section 250-56 of the Code, the Board of Zoning Appeals of Collier County, Florida ("Board"), being the duly elected and lawfully constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of the appeal from the administrative variance; and WHEREAS; during this public hearing, the Board also considered the advisability of the Motion to Dismiss Appeal submitted on behalf of property owners Mark and Shirley Dowdy; and WHEREAS, all interested parties have been given the 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 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 requirements of Section 250-56, et seq., of the Code. 3. Administrative variance A V A-2005-AR-7821 is denied and overturned for reasons set forth in the record of the public hearing. 4. The Motion to Dismiss Appeal submitted on behalf of property owners Mark and Shirley Dowdy is denied. 5. The Collier County Code Enforcement Department shall not issue any citations resulting from the reversal of administrative variance A V A-2005-AR-7821 for a period of one year from the date of this Resolution. 6. This Resolution shall become effective immediately upon its approval. Page I of2 .."--- "'~._.- . 7A .... 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 administrative variance is denied and overturned. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this 14th day of March, 2006. ATTEST: BOARD OF ZONING APPEALS OF DWIGHT E:.;BRO~, Clerk COLLIER COUNTY, FLORIDA ,~~. '''''', ~ {.ii' ~ "",-~..' , 't!~~. ':'::"~I BY: ;;::2~_ '.' - .'. . . ,;>> BY' a.u.;u ~. D-C. '. AttIit,; . to}aiclfcty: Clerk FRANK HALAS, Chauma -- . ."tOn.t"~l" , Ap ovedas t.o form~nd-' leg suf n::....~ 'Oi"'<, Item # ~ Agenda~~ Date Date '3 a Rec'd ,.. a-(;k:, 1\ ~~~. Page 2 of 2 --_.._----_..._---_...".._~------_..._._...~-_..__.._-.-...--. QBNAP\492170.1 7A Petition ADA-2005-AR-8797 Vanderbilt Beach Zoning Committee, et al. v. Mark and Shirley Dowdy Appellant's Hearing Exhibits ., " Vanderbilt Beach Zoning Committee, et al. v. Mark and Shirley Dowdy Petition No. ADA-2005-AR-8797 Appellants' Hearing Exhibits 1. Photographs of Pool and Seawall 2. Photograph of Side Yard Setback 3. Second Request for Administrative Variance dated March 20,2005 4. Staff Report dated August 25, 2005 5. Grant of Administrative Variance Letter dated August 25,2005 6. E-mails to/from Joseph Schmitt, BJ. Savard-Boyer and Bruce Burkhard dated August 9, 2005, August 24, 2005 and August 25, 2005 7. E-mails to/from Joseph Schmitt and Bruce Burkhard dated September 25,2005 8. E-mails to/from Joseph Schmitt and Richard Bing dated October 13,2005 9. Appeal dated October 12, 2005 10. Receipt for Appeal dated October 13, 2005 11. Survey dated August 20, 2005 12. Staff Clarification SC 98-004 13. Section 9.04.04(A), Collier County Land Development Code 14. Section 250-58, Collier County Code of Laws and Ordinances QBNAP\492170.1 7A 'n _ _IF: J"._ , t 7 t /'l.'; ~".. ij U U ~ '.~.' ,P' .' ~'1 :[ i TAL~. ~- .. - - iIiiiiii ... .-.- ~.- MANAGEMENT March 20, 2005 A V A-2005-AR-7821 PROJ EeT #2004120025 DATE: 6/13/05 SUSAN MURRAY Department of Zoning and Land Development Review AUn: Cheryl Soter 2800 North Horseshoe Drive Naples, FL 34104 Subject: Request for administrative variance (second) for 316 Flamingo Avenue. Dear Ms. Soter; The purpose of this letter is to request an administrative variance for a minor-atter-the- fact encroachment for 316 Flamingo Avenue, specifically for the pool and pool enclosure. On January 20, 2005 Administrative Variance AVA-2004-AR-6946 was approved for the principal structure on this property under Section 9.04.04 of the Land Development Code. This application seeks the same consideration for the pool and pool enclosure. Attached to this request is an approved building permit to effect necessary seawall repairs for the subject property. The seawall repairs will result in an elevated cap that upon completion will redUce the required setback for the pool and enclosure to 10'. As you can see from the enclosed drawing, this effectively reduces the setback encroachment to less than one foot. Just as the principal structure qualified for an administrative variance, so should the accessory structure qualify contingent upon the completion of the seawall repair in accordance with permit #2005022792. On behalf of the property owner, I respectfully request a favorable review and issuance of an administrative variance for the pool and pool cage contingent upon final inspection of the seawall repair. The Dowdy's have been living in and paying taxes on the home for two years and are requesting this after-the-fact administrative variance for the accessory structure of less than 10%. Attached is a signed, sealed copy of the survey and a check in the amount of $1,000 made payable to the Board of County Commissioners. If you have any questions, please contact me at the numbers below or you can e-mail me at talonmanaaement(CUearthlink. net. I thank you for your time and attention to this matter. Sincerely, Talon Management, Inc. ~. Tim Hancock President Cc: Mark and Shirley Dowdy 3898 Tamiami Trail North. '#202 Naple5. FL 34103 239-262-6197 Fax: 239-262-6198 E-mail: talonmanagement@earthlink.net f~;' /'1 SHORE ENGINEERS, INC. 1250 Tamiami Trail N. Suite 302 NAPLES, FLORIDA 34102 (239) 643.6633 FAX (239) 643-6709 JOB :t>owD"'( SHEET NO I' CALCULATED BY p. D CHECKED BY J!-E$ 'O-e:Ak:- .. OF \ I DATE t.,/ If ! 6 ~ DATE SCALE h ~A. I.~..L~"LL l=-~f"~ \ "W- t~_4-~~+-~\ '~ I i ~ oJ 1 1-.. \ I . -.,..... , L 12=~HoVE ~x:\'SII~~ CAD \ - -I E)(.\ ?I-J~ Tit- b/-J':::;':::" 5> ~/-~ z-/ rr (f!) 5 ~ c- Gxl5"T/NC, -. ,I ~ 481z.. I I I =l:! 4- T ~ f-;, " \ -+ ~\Z. ~. F- {~lA~c.F ./ \ pnL.L ~ e.pox---r 11..\,0 '7::>~A... WA L. L- 'S t=A v./,4 L- L D PRODUCT 207 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ... ; (/' PERMIT PERMIT *: ISSUED: :-1ASTER it; 2005022792 02-28~05 2005022792 COA it; PERMIT TYPE: SEWL APPLIED DATE: 02-25-05 VALlI:) .: 792 APPROVAL DATE: 02-28-05 30B ADDRESS: 316 FLAMINGO AVE JOB DESCRIPTION: SEAWALL REPAIR JOB PHONE: (239)643-4600 SUBDIVISION it: 332 - Conners Vand Bch Est 3 BLOCK: U nOOD MAP: 0189 ZONE: AE-l1 ELEVATION: I"OLIO it: 0000027636440004 SECTION-TOWNSHIP-RANGE 29 48 25 LOT: 12 JWNER INFORMATION: )OWDY, MARK A=& SHIRLEY A ~9564 NAUTICAL DR CONTRACTOR INFORMATION: CONSTRUCTION UNLIMITED ASSOCIATES INC. 3810 EXCHANGE AVENUE ~W BALTIMORE, MI64CO 480470000 NAPLES,FL 34104- CERTIFICATE it: 26924 PHONE: (239) 430-2224 fCC CODE: 329 - STRUCT OTH THAN BLDG-POOL/SEAWALL/DOCK/F :ONSTRUCTION CODE: 10 / OTHER JOB VALUE; 5.800.00 TOTAL SQFT: SETBACKS FRONT: ,- SEWER: REAR: SEPTIC LEFT: WATER: RIGHT: WELL :::ONTACT NAME: JIM :ONTACT FHONE: (239) 643-4600 Per Collier County Qdinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this pennit. This permit expires if work authorized by the pennit is not cormnenced within six (6) months from the date of issuance ofthepennit. Additional fees for failing to obtain pennits prior to the commencement of construction may be in1>osed. Permittee{s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. "'lonCE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL <\NIl STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACfOR) TO SUBMIT A NOTICE OF rHE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332-6975. [n addition to the conditiom of this permit, there may be additional restrictions applicable to thfi property that may be found in the public records oftbis county, and there may be additional permits required from other governmental entitles such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING lWlCE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2020 7{1 f ~ '6 J J J J I J J ST AFF REPORT TO: Susan Murray, AICP, Director Department of Zoning and Land Development Review THRU: Bill Hammond , Director Building Review & Permitting Department FROM: Ross Gochenaur Senior Planner DATE: 25 August 2005 RE: PETITION AVA 2005-AR-7821 ; ADMINISTRATIVE VARIANCE REQUEST, STRUCTURES FOR WHICH A BUILDING PERMIT HAS BEEN ISSUED AND IS UNDER REVIEW APPLICANT: OWNER(S): Mark A. and Shirley A. Dowdy 49564 Nautical Drive New Baltimore, MI 48047 AGENT: Tim Hancock, AICP, CAM Talon Management, Inc. 3898 Tamiami Trail'North, #202 Naples, FL 34103 GEOGRAPHIC LOCATION: The subject property is located at 316 Flamingo A venue; legally described as Section 29, Township 48 South, Range 25 East aka Conner's Vanderbilt Beach Estates Unit 3, Block U, Lot 12 REQUESTED ACTION: The applicant is requesting an Administrative Variance of2.2 feet from the la-foot rear yard setback for a swimming pool/screen enclosure (waterfront lot) as required by the Collier County Land Development Code (LDC) on the subject property. 'f ::'. DOli LDC Section 9.04.04.A states that the County Manager or his designee may approve Administrative Variances for structures for which a building permit has been issued and is under review, but for which a certificate of occupancy has not been granted, under the following circumstances: For single-family, mobile/modular homes. duplex, and lwo- family dwelling units only, in the presence of mitigating circumstances, where the encroachment does not result from error or action on the part of the applicant, the County Manager or his designee may administratively approve encroachments of up to 25 percent of the required yard. PURPOSEIDESCRIPTION OF PROJECT: The petitioner wishes to complete construction of a swimming pool screen enclosure on the subject property in accordance with Building Permit 2001080082. A spot survey dated 20 August 2005 shows that the enclosure encroaches 2.2 feet into the I O-foot rear yard setback for pool screen enclosures on waterfront lots as measured from the cap of the seawall. The pool screen enclosure was originally built on a deck exceeding 4 feet in height as measured from the cap of the seawall. The LDC states that the rear yard setback for pool screen enclosures on waterfront lots is 20 feet where the pool deck exceeds 4 feet in height "as measured from the top of the seawall or top of bank." The property owner has taken advantage of this language to raise the height of the seawall so that the height of the pool deck no longer exceeds 4 feet as measured from the cap of the reconstructed seawall and the required setback therefore becomes 1 0 feet rather than 20. In exploiting this technicality, the encroachment was reduced to the point where an Administrative Variance could be applied for in accordance with LDC Section 9.04.04.A. Regardless of the manner in which the extent of the encroachment was reduced, staff is constrained to accept that this was done legally and that the requested Administrative Variance must be evaluated according to the LDC criteria. MITIGATING CIRCUMSTANCES: The building permit for the screen enclosure was originally submitted by the contractor and approved by Building Department staff without taking into consideration the fact that the pool deck exceeded 4 feet in height and therefore required a 20-foot rather than 10- foot setback. County staff therefore contributed to the error allowing the pool screen enclosure to be constructed in its present location. The property owner whose agent is applying for the Administrative Variance was not responsible for the contractor's, or the County's, error. Staff is therefore constrained to acknowledge that mitigating circumstances warranting approval of the Administrative Variance exist. I"""", "'.::. f~ SURROUNDING LAND USE AND ZONING: Existing: Single-family residence, zoned RSF-3 Surrounding: North: Flamingo Avenue right-of-way South: Canal East: Single-family residence, zoned RSF-3 West: Single-family residence, zoned RSF-3 FINDINGS: Upon review of the Administrative Variance file, it is staffs opinion that the proposed 2.2-foot encroachment meets the criteria established by the Land Development Code. It is also staff's determination that the granting of this Administrative Variance will not be injurious to the neighborhood or detrimental to public welfare. STAFF RECOMMENDATION: Staff recommends that the Zoning Director grant an Administrative Variance for the 2.2- foot encroachment as noted in the attached boundary survey, which is affixed hereto and made a part of this staff report. PREP ARED BY: ~~~ oss chenaur, Semor Planner Department of Zoning & Land Development Review zr4C1 f; ()J- Date - REVIEWED BY:~ B~irector Building Review & Permitting Department Concur / Do not concur gb/ fEs- , . Date APPROVED BY: ~~ ,/'Susan Murray, AICP, Director Department of Zoning & Land Development Review 08/29/0j- I Date June 2004 J J J J J J I J I I J I ~ .~ 1 J I /' ".".,../ /. "t- {/ 1. ... .. Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive. Naples, Florida 34104 COllIER COUNTY GOVERNMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 25 August 2005 Mr. Tim Hancock Talon Management, Inc. 3898 Tamiami Trail North, #202 Naples, FL 34103 RE: Administrative Variance, A V A-2005-AR-7821; subject property located at 316 Flamingo Avenue, Folio # 27636440004 Dear Mr. Hancock: Requests for variances for a structure for which a final development order has been granted may be approved administratively by the County Manager Of his designee. The survey of the subject property provided to the Department of Zoning and Land Development Review in the application packet clearly indicates that the existing rear yard setback for pool screenenclosures on waterfront lots is 7.8 feet, which is 2.2 feet less than the 10 feet required by the Collier Cm.lty Land Development Code. Zoning Department staff has reviewed the administrative variance request for the structure and has found that the encroachment meets the criteria for granting the administrative variance as outlined in Section 9.04.04.A of the Collier County Land Development Code. Further, the granting of this variance will not significantly affect the air and light considerations of adjacent property owners. c 1~,~7 y c t o .. '" o Phone (239)403-2400 Fax (239) 643-6968 or (239) 213-2913 www.collieflwv.net I J I J ~ 7~ !~1 , You may wish to have this letter recorded in the official records of Collier County as a permanent record of the variance approval. If you should have any questions, please do not hesitate to contact me. Sincerely, .~~ Susan Murray, AICP, Director Department of Zoning and Land Development Review State of Florida County of Collier The foregoing agreement sheet was acknowledged before me this ~ (j.day of ~2005 by who is personally known to me or-wk6 hMJ pOali68Q .........-----. .. -fig id!llltiiicatiQll and who etel-(did not) take an oath. SEAL ~l<-. (Signature of Notary Public) C" ~ c..; , '"II-- J~. NOTARY PUBLIC Commission # My Commission Expires: YV)~~ Iv{ a. r -1-' 'k1 TEKlrg - cc: Correspondence file .....".~ CECIlIA K. t.W\1'IN l~illj!',r~,~ M'I COMMISSION. 00 t74339 ~.; i, E.XPIRES: ,',pli\ 27,2007 ~. . ."0/ Boo<I<>d ThIU Ndlf\' P.mlIc undefWlllel1i , "':!.ilf.:\~., . }: .~ , , ~ ,..1 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive. Naples, Florida 34104 Copy of Approval Letter for Administrative Variance A V A 2005-AR-7821, 316 Flamingo Avenue, received. ~- / g~ Signed Phone (239) 403-2400 ~. v ~ tfl/-' ? 1?4rh Date c:: ,~/~7 c c:: ~ .v ., .. (' Fax (239) 643-6968 or (239) 213-2913 www.colliergov.net Page 1 of3 F.".'>> [~.. /1 11\ ~ ~.. gochenaur_r From: SchmittJoseph Sent: Thursday, August 25,20059:10 AM To: Bruce Burkhard Cc: BJ Boyer; Frank Halas Subject: RE: 316 Flamingo Bruce, I understand your frustration but I can only enforce what is in the code. Yes. the construction of the wall is exactly that - a method of circumventing the code. But as we pointed out at the public hearing, it is legal and was deemed to be the most expeditious method to abate the violation. The property owner has submitted a spot survey performed by a registered professional land surveyor and if, after staff review, it is verified that the noted setbacks on the survey meet the defined criteria, I have no option but to issue the final CO for the pool cage. Likewise the other variances, if the request is within the administrative criteria and limits of the code, we have no option but to approve the request. pu Joseph K. Schmitt Administrator Community Development and Environmental Services Division office - (239) 403-2385/2390 cell - 595-9751 "Balancing the demands of growth and the demands of the community" From: Bruce Burkhard [mailto:bjburkhard@comcast.net] Sent: Thursday, August 25,2005 1:30 AM To: SchmittJoseph Cc: BJ Boyer; Frank Halas Subject: Fw: 316 Flamingo Joe, BJ forwarded her letter and your response to me concerning the never-ending 316 Flamingo problems. It's been quite obvious that the developer, the homeowner and his representative. Mr. Hanckok, have been gaming the system from the start. This purported "cap" on the seawall far exceeds any reasonabble person's definition of a seawall cap. It's an obvious attempt to circumvent the clear intent of the LDC concerning the rear yard setback. Let me remind you that even with this magical raising of the seawall the 10 foot setback will not be met. If I'm not mistaken the setback will only be about 6 feet therefore it still fails to meet code. Please don't tell me that since it's so close that it will qualify for an "administrative variance." Both the CCPC and the BCC found that the building was out of compliance and everyones' expectation was that a clear signal needed to be sent to these people that this type of "pushing the envelope" was not going to be tolerated. I don't know how you think that you're going to get a handle on these variance requests unless you start sending loud and clear signals that atter-the-fact variances and look-the-other-way administrative variances are no longer the order of the day. VBPOA has put in so much time and effort to correct this egregious set of violations that you can be confident that we won't sit idly by and let a set of variances go unnoticed. I'd be very surprised if the BCC would condone any variance atter their clear vote on the matter. 8/25/2005 Page 2 of3 l -;~ i // U ~.' I do commend you for recognizing the problem and for trying to address it in the next cycle. In the meantime the solution in this case is quite simple - no variances. They're not a God given right. They don't meet the LDC. Just say no. Bruce Burkhard Director, VBPOA - Original Message ---- From: B.J. SliIVliIJ.d-Boyer To:eruce & Susan Burkhard Sent: Wednesday, August 24, 20056:30 PM Subject: Fw: 316 Flamingo Bruce, Here's the info on 316 seawall. BJ - Original Message - From: ~ch.mittJoseph To: B.J.S.alt~Iq~6oyer Cc: Frank Halas Sent: Tuesday, August 09,20052:32 PM Subject: RE: 316 Flamingo B.J. The permit, permit number 2005022792, is for a "cap" on the seawall. They probably started work because the permit expires on 8/27/05. As you are aware the house still doesn't have a final CO given that the BCC disapproved the variance. They have asked to put a cap on the seawall to raise the seawall to overcome the requirement for the height limitations for the rear yard setback. As I noted in the publiC hearing, we do not have any code to prohibit the construction. As you are aware the rear yard setback is 10ft except for those structures that have a 4 ft. or greater differential in elevation between the seawall and the pool deck. In those cases the setback is 20 ft. The wall is being constructed to reduce the elevation differential between the seawall and the pool deck to a measurement of less that 4 ft. They currently have a request in for an administrative variance for the remaining issues at the residence and provided the request meets the criteria in the code, staff will issue the approval letter after the seawall repairs are completed and an updated spot survey provided showing the dimensions meet the requirements referenced in the application and required by code. We are forwarding the attached LDC amendment in this cycle of amendments to preclude any future efforts to raise a seawall to get by the code. fhe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office - (239) 403-2385/2390 cell - 595-9751 "Balancing the demands of growth and the demands of the community" From: BJ. Savard-Boyer [mailto:BJpalm47@earthlink.net] Sent: Tuesday, August 09, 2005 9:00 AM To: SchmlttJoseph Cc: Frank Halas Subject: 316 Flamingo 8/25/2005 Page 3 of 3 "($,V.-~ n {"~ #1 ~', ~. . August9,2005 Joe, I was alerted by neighbors that, at the present time, there is work being done on the seawall at 316 Flamingo Ave. here in Vanderbilt. There is a contractors box in the front yard, so obviously they got a permit, but for what? I think it is prudent to look into the work that is being done here. These are the people who since 2001 have defied setbacks and continue to fly in the face of our rules and regulations. I'd appreciate your attention to this and please get back to me. The concern of neighbors is gratifying and I owe them an answer. Thank you, BJ Savard-Boyer VBPOA, President 8/25/2005 Page 1 of3 ~'-:;: t/ From: m<::phl':lr~Qn_tri$h<:l T o:$GhmittJo$~ph Cc:H<:lI<:l~Fr<:lnk ;E3rllG~E3LJrkh<:lrq ; m!-lrr<:lY_~ Sent: Wednesday, September 28,20053:19 PM Subject: RE: 316 Flamingo Ave. Variance Joe, Mr. Burkhart called the office about this process. He wants to know: . How to obtain the format/paperwork necessary for filing this type of appeal to the administrative variance . If there is a deadline for the appeal since they weren't notified of the date it was granted . How they can go about having the fee for the appeal waived Trisha McPherson Executive Aide to Commissioner Frank Halas Collier County Board of Commissioners - District 2 Trisha McPherson@CollieLGQy.net Phone: 239-774-8097 Fax: 239-774-3602 Please note: Florida has a very broad public records law. Most written communications to or from officials regarding state business are public records available 10 the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: SchmittJoseph Sent: Sunday, September 25, 20056:28 PM To: SchmittJoseph; Bruce Burkhard Cc: Halasfrank Subject: RE: 316 flamingo Ave. Variance Bruce, Susan Murray noted that this is the first appeal of an administrative variance since she has been here so I'm not absolutely sure as to the fee but for information, the fee code lists two fees both for appeals to the BZA, one listed as a fee for an administrative decision (as may be provided for in the Collier County Administrative Code or the LDC) $1,000 (non-refundable), the other is just listed as an Appeal to the Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in the Collier County Administrative Code or the LDC) $1,000 (non-refundable). As such, based on the current fee structure, it is fairly clear that the fee will be $1,000 if you wish to file the appeal. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office -- (239) 403-2385/2390 cell -- 595-9751 3/7 /2006 Page 2 of 3., 1M "Balancing the demands of growth and the demands of the community" From: SchmittJoseph Sent: Sunday, September 25,20058:13 AM To: 'Bruce Burkhard' Cc: HalasFrank; estradamaria Subject: RE: 316 Flamingo Ave. Variance Bruce Understand. I forwarded your request to our records room. Our staff will contact you to coordinate pick-up and to advise on the required fees. Joe Joseph K. Schmitt Admin istrator Community Development and Environmental Services Division office -- (239) 403-2385/2390 cell -- 595-9751 "Balancing the demands of growth and the demands of the community" From: Bruce Burkhard [mailto:bjburkhard@comcast.net] Sent: Sunday, September 25, 2005 2:51 AM To: SchmittJoseph Cc: HalasFrank Subject: 316 Flamingo Ave. Variance Mr. Schmitt, As I pointed out in my previous emaiI to you, our association is adamant about enforcing the spirit and the letter ofthe LDC. We have stated on numerous occasions both on and off the record that we feel that the builder attempted to use and abuse the system in order to construct a building that is simply too large for the lot. This type of behavior should not be rewarded. At a meeting on Tuesday October 20,2005 in Commissioner Halas' office you and Mr. White stated that you have already granted an administrative variance based on legal advice from the county attorney's office. We disagree with your decision and intend to appeal at the earliest opportunity. Please consider this emaiI a request for disclosure under the Public Records portion of the Florida Sunshine Law, Chapter 119, F.S. I request that a copy of the following documents be provided to me: 1. Personal notes and emails related to the code violations at 316 Flamingo Ave. 2. Citation of the portion of the code used to justify the administrative variance, particularly referencing the method of measuring the rear pool deck setback. 3. Copies of the job submission as well as any and all copies of the plan reviews by your 3/7/2006 Page 3 of3 ~? f~~ department. 4. Any engineering drawings used to substantiate and justify the safety of the large cap wall. 5. Approvals from the Corps of Engineers for a substantial increase to the seawall 6. Any and all scaled drawings submitted for the job. 7. All emails and other correspondence related to this matter. 8. Job inspection paperwork. 9. Any other relevant material. My request is for the purpose of constructing a formal appeal of your issuance of an administrative variance for the setback violation and not for commercial use. As you know there are in fact four violations at this address, I would also like to know the status of each. Thank you for your prompt response to this request. I understand that the County has an established fee for document copies and I am willing to pay that fee. Either I or someone from our organization will stand ready to pick up the documents at your earliest convenience. Sincerely, Bruce Burkhard Bruce Burkhard Director, VBPOA 3/7 /2006 . I j i . . . '.:&\." If\\ , ..; Subj: Date: From: To: CC: RE: 316 Flamingo 10/13120058:53:50 P.M. US Eastern Standard Time JosepbSchmitt@colliergov.rwJ EIi~mmI-LC@.~oL!:Qm Q~yjgWmE;lI@G9m~!9Q~,m~t. PatriGjl:Whitlil~~911i ergovJL~t Dick I had no reason not to issue the CO. The variance request was administrative in nature, that is the requirements were met and by code we had no option but to approve the administrative variance. Please note that there is no rela eal period for an admirlistrative variaQce. You are appea ing un er e provisions 0 ction 2 -58 under the Code of Laws and Ordinances, that is the general provisions have to deal with any appeal of an administrative official of the county. As such, the final CO was issued. You note that we were put on notice but that was in general discussion only. I have to defer to the county attorney regarding a retraction of the CO but frankly given the timeframe since the work was completed I don't see how we can retract the CO given that the administrative variance removed the prohibition on the TCO. We fully recognize that this was an end run around the code that is why we introduced in this cycle of LOC amendments a change to the LOC to prevent such occurrences in the future. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office - (239) 403-2385/2390 cell - 595-9751 "Balancing the demands of growth and the demands of the community" From: PrismmLLC@aol.oom [mailto:PrismmLLC@aol.com] Sent: Thursday, October 13, 20059:38 PM To: SchmittJoseph Cc: CoyleFred Subject: Re: 316 Flamingo Joe, How could you legally issue a CO before the appeal period has expired? Can you retract it ASAP? Even IT the side yard setbacks are fixed it's still up to the BZA to detennine whether or not the rest of the structure is in compliance. You've been on notice about our position on this since before it was first denied & again on 9/25. As we have said before, this case makes a mockery of our LOC! It's a 10 lb. house on a 5 lb. lot! Dick lA Subj: RE: 316 Flamingo Date: 10/13/20058:05:49 P.M. US Eastern Standard Time From: JosephSchmi1!@c:olliergov l1E!t To: Prisr1]l:rll,LC~aQI c.om Dick Yes, you certainly have the right to add any documentation to your appeal. The final CO was issued after the variance was approved. However, we still have a code case on the remaining issue with the stairs. I was assured by Mr. Hancock that the stair issues was be ing resolved, Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office - (239) 403-2385/2390 cell -- 595-9751 '8a.:cc,cing 'C der;"ond!; 'JUO' :1 a"; the d'-;man;~ i)f r'c':c::1'-",nity" From: PrismmLLC@ao/.com {mailto: PrismmLLC@aol.com] Sent: Thursday, October 13, 20054:28 PM To: SchmitUoseph Cc: CoyleFred Subject: 316 Flamingo Joe: Thanks for returning my call & confirming that the appeal deadline is October 22,2005. The appeal was more formally re-filed today as a follow-up to Bruce Burkhard's filing of appeal via email to you on 9/25/05. Of course, you know that we reserve the right to amend the appeal after our public information request is fulfilled and that we may introduce new arguments at or before the hearing after we have an opportunity to see staffs response. It is assumed that because the appeal deadline is in the future that a CO has not & will not be issued prior to the BZA finalizing this matter. Please confirm. Please let me know when the your response will be available, Thanks. Dick Bing " ande,.!'i1t Reach and Ball A.llociation 1.\Vj and",.!'i1t Beach P,.Operlll ()wne,.1I Allsociat;on A!A ande,.!'i1t Beach Zoning Committee 7 ;~i October 12, 2005 10851 Gu!fllho,.e Drive N ap1ell F L 34106 Joseph K. Schmitt Administrator Community Development and Environmental Services Division 2800 N Horseshoe Drive Naples, FL 34103 Dear Joe: This is a follow up on our earlier appeals to your department. It is a specific appeal, pursuant to the applicable Collier County Land Development Code (CC LDC) appellate sections, to overturn the administrative variances given under Petition No: A V A-2005-AR-7821 for the property located at 316 Flamingo Avenue. This appeal is being made by: · Vanderbilt Beach Property Owners Association · Vanderbilt Beach and Bay Association · Vanderbilt Beach Zoning Committee Our three citizens groups are on record as opposed to the repeatedly requested, after-the-fact variances for the house located at 316 Flamingo Avenue, legally described as Section 29, Township 48 South, Range 25 East aka Conner's Vanderbilt Beach Estates Unit 3, Block U, Lot 12. The numerous egregious violations of our LDC (four in total) should not and cannot be rewarded in any manner if our Code is to have credibility. Our associations are adamant about enforcing the spirit and the letter of the LDC and its application in Conner's Vanderbilt Beach Estates. We have stated to the county on numerous occasions, both on and off the record, that we know that the builder did use and abuse the system in order to construct a building that is simply too large for the lot and in violation of the CC LDC as further found by the Collier County Board of Commissioners sitting as the Board of Zoning Appeals in May, 2004. Staff on numerous previous occasions opined that the granting of a variance for this property would not be in harmony with the general intent and purpose of the land development code, particularly relating to hardships. (Attachment A) We agreed with that concept when proffered; we believe it continues to apply. Since September 25, 2005, we have been diligently notifying the CDES office of our organizations' formal appeal of the administrative variances granted by C~ES. Our earlier notices of appeal acknowledged any costs associated therewith. (Attachments B, B 1) We included in that email a request for disclosure under the Public Records portion of the Florida Sunshine Law, Chapter 119, F.S. on that date. The request was specifically for copies of listed documents so that a detailed appeal document could be prepared. These copies have not been provided as of this date. We now understand that as of this date the county attorney has not ruled on whether and/or how an appeal of an administrative variance can be pursued or whether some other action is more appropriate. Apparently no administrative variance has ever been appealed. Therefore, in the absence of any opinion and ruling, we submit this appeal to overturn the granted administrative variances together with a check for $1000. which is the fee for other similar types of appeals. However, we continue to request that this fee be waived. Background: In May of2004, the property owner appealed to the Board of County Commissioners sitting as the Board of Zoning Appeals. Our position paper relative to this appeal is attached. (Reference B; Attached). The BlA denied these variance requests and ordered that corrections be made to the property to bring it into compliance with the code. No corrections were made. In October of2004, as we continued to follow up on this matter, we were advised by the administrator ofCDES that no administrative variance had yet been requested on the property. (Attachment C). We were further advised that the continued problems with the home were being referred to the Code Enforcement Board for action at their January meeting. CDES records show that a variance had been in fact been requested in July of 2004 for the rear yard setback, but that the filing was incomplete. We are aware of no action by the Code Enforcement Board despite the violations that remain. By January of2005, the property owners had filed a completed application for an after-the-fact administrative variance for the encroachment of the principle structure into the rear-year setback only. This administrative variance was approved by staff in on January 28, 2005 in violation of the earlier fmdings of the Collier County Board of Commissioners sitting as the Board of Zoning Appeals. No corrections were ordered or made to bring the property into compliance. In August of2005, the property owners filed a request for an after-the-fact administrative variance for the set back for the pool and pool enclosure only. This administrative variance was apparently approved by staff on September 6, 2005 and/or September 13, 2005 respectively in violation of the earlier fmdings of the Collier County Board of Commissioners sitting as the Board of Zoning Appeals. At a meeting on Tuesday, September 20,2005 in Commissioner Frank Halas' office, our representatives met with Joseph Schmitt and Patrick White. We were unaware of any action having been taken on the property at that time. We were told at the meeting that CDES staffhad already granted administrative variances on the two most serious violations based on legal advice from the county attorney's office which advice was in violation of the earlier findings of the Collier County Board of Commissioners sitting as the Board of Zoning Appeals. On September 25, our representative notified CDES by email that we were filing a formal appeal of the September decision of the CDES staff granting the administrative variances. We made a formal public records request in the same email. Both requests were acknowledged by the administrator. As stated previously to date, we had not received the records. On the morning of October 12, copies of the variance filings were given to us along with some emails relative to the September 06, 2005 variance award. Our associations are adamant about enforcing the spirit and the letter of the CC LDC. We have stated on numerous occasions both on and off the record that we feel that the builder attempted to use and abuse the system in order to construct a building that is simply too large for the lot The "solution" worked out between the property owners' representatives and the staff to allow this building with all of its major violations to bypass code requirements and full under criteria for administrative variances - and stand as built - is egregious and in violation of the CC LDC. As the pictures which are attached clearly show (Attachments E-E8). the property owners built what is essentially a cement fence with a rear-protruding lip on top of their seawall to extend the rear line of their property and change the point of measurement for their rear setbacks. Basis for Appeal: l) StafThas exceeded its authority in granting these two variances in violation of the formal fmdings of the Collier County Board of Commissioners sitting as the Board ofloning Appeals. 7 r' 7 2) The rear setback required is 10' (120"). Our measurements show only 6'6' (78") to the mid- point of the seawall, a common sense measurement standard. (Ordinance 85-2 states that setback measurements are taken from the front face of the seawall which is normally set on the property line. J n Vanderbilt Beach Property lines are submerged and seawall is mandated as the rear-set back line.) In this case an administrative variance is possible IF the setback is at least 90" (25% of the required 120") AND there is no evidence that the encroachment is the result of error or action by the applicant. (See LDC 9.04.04; Attachment F). 3) Neither of the two conditions for an administrative variance have been met. Further, the administrative variances granted by staff in 2005 are in vio lation 0 f the earlier findings of the Collier County Board of Commissioners sitting as the Board of Zoning Appeals. 4) We registered a public records acts request for document production with the COES but as of October 12,2005 not ALL records have been provided. 5) In previous hearings before the CCPC and the BCC sitting as the BZA, it has been found and staff conceded that the builder willfully manipulated the review process to hide the fact that the house had inadequate setbacks on both side stairs as well as rear setback violations in both the 25' principal structure requirement and the 20' pool deck requirement. 6) The contrived solution to the deck setback was to both extend and raise the seawall cap in order to move it into the range where the deck would then qualify for an administrative variance. This "solution" is in violation of the LOC and CC LOC codes covering the method of seawall construction. 7) The code specifically prohibits counting submerged lands for any setback measurements. This cap cantilevers or bridges out at least one foot over the water and over submerged lands in the overreaching attempt to get a measurement favorable enough to fall into parameters for an administrative variance. 8) The BZA in its previous hearing on this property directed that the side yard encroachments (two external staircases) be removed to bring the side yard setbacks into compliance. This still has not been addressed. (See Attachment E) The property remains out of compliance. 9) No final certificate of occupancy may be issued for this property until the property complies with the findings and orders of the Board of Zoning Appeals. The staffhas clearly acted in defiance of the recommendations of the CCPC and the finding of the BCC sitting as the BZA. The administrative variances must be overturned as they are in violation of formal fmdings of the Board of Zoning Appeals and the legal requirements ofCC LDC. Respectfully submitted, ~- .. .&-:7 , -w'~~~ / i=- {j-r Rtr BJ Savard-Boyer, President, VBPOA Richard Bing President, VBBA Chair, VBZC Cc: Commissioner Fred Coyle, Chair Commissioner Frank Halas Commissioner Donna Fiala Commissioner James Coletta Commissioner Tom Henning Col. James Mudd. County Manager Attachments I "':'1 (1 /'~ , u " No. The Land DevelopIIll:1I1 Codc providc:! for :!pccific required yards, therefore this variance will not be in harmony with the LOC. Nonnally, Staff would not consider a rear yard encroachment adjacent to a canal as being injurious to the neighborhood. However, in this ~. the LOC requires a greater setback 10 thai the additionlll height above the seawall does not block neighbors' views. In this particular case, both immediately adjacent properties have hedges that disrupt the same view of the canal that the encroachment does. Additionally, comments were received from a neighbor stating that the encroachment would be injurious to the neighbors across the canal and to the boating public (as well as not conforming to the Code whiCh, In general, is injurious). 7. Art' t1aere natural conditions or physically induced conditions that ame60rate the goals and objectives or the regulation such as natural presen'es, Jakes, gotr counes. etc.! Yes. The encroachment is into the rear yard, adjacent to a canal. The encroachment is ameliorated by tall hedges on the adjacent east and west property lines. which disrupt the same view of the canal that the encroachmenl du~ In staff's opinion, the canal is an ameliorating factor for the residents on the opposite side of the canal and adequately addresses compatibility. 8. Will gnndng tlae variance be l'oD"inent with the Growth Man.lrement Plan? Approval of this variance petition will Dot affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. STAFP RECOMMENDATION: Traditionally. if a variance is not approved. the encroaching structure or portion of the structure must be removed. In thiS case, the petitioner has the abilily Lu apply fur an Administrative Variance to remedy the encroachment of the principal structure. Staff originally analyzed this petition in 200:!. Since that time, a change was made to the variance criteria. which allowed consideration of "practica1 difficulties". An amendment to the LDC WQ.S also approved which permitted encroacluru-nts ofull to 25 percent of the required yard to be approved if the encroachment is nol due to error or action on the part of the applicant. In the case ot' the pool and screen enclosure. the petiLiuner lllay increASe the height of the seawall so that the pool deck is less than 4 feet higher than the seawall. That would result in a required VA-2001-AA-t706 May 20.2004) PaQe 8 of 10 From: Bruce Burkhard [mallto:bjburkhard@comcast.net] Sent: Sunday, September 25, 2005 2:51 AM To: SchmlttJoseph Cc: HalasFrank Subject: 316 FlamIngo Ave. Variance .B 'f7 A Mr. Schmitt, As I pointed out in my previous email to you, our assoeiation is adamant about enforcin. the spirit and the letter oCthe LOC. We have stated on numerous occasions both on and oft'the record that we feel that the builder attempted to use and abuse die: system in order to construct a building that i.simply too large for the lot. This type of behavior should not be rewarded. At a meeting on Tuesday October 20, 2005 in Commissioner Halas' office you and Mr. White stated that you have already granted an administrative variance based on legal advice from the county attorney's office. We disagree with your decision and intend to appeal at the earliest opportunity. Please: consider this cmail a request for disclosure under tbe Public Records portion of tile Florida Sunshine Law, Chapter 119, F.S. I request that a copy of tile following documents be provided to me: I. Personal notes and emails related to the code violations at 316 Flamingo Ave. 2. Citation of the portion oftbe code used to justifY the administrative variance, particularly referencing the method of measuring the rear pool deck setback. 3. Copies of tile job submission as well as any and all copies of the plan reviews by your department. 4. Any engiocering drawings used to subslaotiate and justifY the safety of the large cap wall. S. Approvals from the Corps ofEnginecrs fOr a substantial ina-ease to the seawall 6. Any and all scaled drawings submitted for the job. 7. All emails and other correspondence related to this matter. 8. Job inspection peperwork. 9. Any other relevant material. My request is for the purpose of constructing a formal appeal of your issuance ofan administrative variance for the setbacl: violation and not for commercial use. As you know there arc in fict four violations at this address, I would also like to know the Slatus of each. Thank you for your prompt response to this request. I understand that the County bas an established tee fur document copies and I am willing to pey that fee. Either I or someone from our organization will and n:ady to pick up tbe documents at your c:arliest convenience. Sincerely, Bruce Burkhard Bruce Burkhard Director, VBPOA REFERENCE A From: SchmlttJoseph Sent: Sunday, September 25,20058:13 AM To: 'Bruce Burkhard' Cc: HalasFrank; estradamarla Subject: RE: 316 Aamingo Ave. Variance Bruce Understand. I forwarded your request to our records room. Our staff will contact you to coordinate pick-up and to advise on the required fees. Joe Joseph K. Schm itt Administrator Community Development and Environmental Services Division office - (239) 403-2385/2390 cell- 595-9751 "Balancing the demands of growth and the demands of the community" BlI) 7A c. VANDER8IL T BEACH ZONING COMMITTEE 71 POStllON Rf: 316 RlmIn90 AoIen... VMlnce VA-2001-AIH706 Stall paeitIon: Sta1'I' is recommending approval of this variance. ,........: That LDC 2.7.5.6 (3) grants authority to approve a variance if a denial would work undue hardship on the applicant and create practical difficulties. VBZA eo.................: The County Iacb the authority to grant this variance. That section of the Code cannot be held to be the operative portion of the rules on varllnces. It rather II intended 10 guide the Planning Commls&ion In maldng Its ncn-blndlng, edvlsory recommendation to the Board of Zoning Appeals. It is the position of the V8ZA that the entire variance secUon must be reed 'In pari materia' with no portion of the regulations rendered IT1elInlngles& or Insignificant. While SI.Ibsection (3) can be reed to favor a variance, subsections (2) and (5), among others, clearly favor denial. The Planning CormliIslon is to be guided by ALL of the provisions of 2.7.5.6. The lead provision of the variance section, LDC 2.7.5.1 provides one two-part test, and alternatively, one three-part test... neither of which can be met by this petition. The LDC, according to Section 1, is Intended 10 be Interpreted as to construe "'the true intent and meaning of the BCC." That requirement wouIcI seem 10 obviate the abstract reading of a single Code provision 10 the exdusion of other sections that would Ieed II reasonable person to a contrasting condusion. We need not look far for material 10 support that statement. Collier County P1aooing staff has established an impres&lve record in opposition 10 the very claim it makes in this variance request. In Variance Petition VA.-2002-AR-3379, in February of 2003, staff recommended denial of a 1.8-foot variance from a required lo-foot setback with this reminder: The regulltions ga.-timing the st!tI>>ck of buildings life dtaftsd primari/y to rttf1<<:t the COIT1I1Vnity's desires for ftJIIintMning minimum life, heillth. SBfety, light, and air standards, and are fIStJIbl/shed in the Land Development Cede. The Executive Sul1Tl1ilry for that proceeding, heard as item 7H at the May 13, 2003 a:PC meeting, concluded its recommendation to the BZA of denial with thusly: It is staff's opinion th<< the tlnlllting of the varianOl! will net be in Mrmony with the {}eMI7I1 inlBnt and ~ of the Land Owe/opnwlt Cede, sptICiIk:al/y, thtJrt! life no land ~tt!d hardships, and no spt!dal or pre-existing conditions that are reIIted to tIN! proptNty. In another proceeding, this one before the CCPC on January 13, 2004, st1IJff again recommended a denial of a variance request with these responses to the considerations in 2.7.5.6: There are no special conditions MId d1cumstl/1Ce$ /Nt exist on the pnJpt!fty. This lot meets tIN! minimum lot aru requirements (6,000 sqwre feet) and me<<s the minimJm lot width requiremtInts (60 feet). The inIBnt c; a vlII'Bnce is trJ aJleNttl a IMrdship inhenJnt in . pitn of WId. In this ~ the applbnt's IMrdship /$ a f/nllf1Cilll one that is stlIf-inpoud...{and) not alMrdship thM is inhtJrt1nt In the land thertiI'rJre it dtNJs not meet the hardship ait:t!rria. {P]ersonM Iwdships are not inhen!nt in the land and cannot be considered to meet the hardship IBst as COI'1I:t1trJ1/6led by the Land OtwtI/opIntlnt Cede. Before the CCPC on September 25, 2001, in a variance request from the Vanderbilt Villas PUD, st1IJff made these salient points: '!'he subject sib1 is a .1 confbmHng lot c; If!!Ccrd with no land related hMriship. Staff is . of the opinion tMt tile structures could have bMn dtlSigntJd ID meet.1 the appliaJM StJtb<<k requirements. hbMeM!r, if the devt!Ioper submit/al the CDmK:t infomvtion, the buildings could Mvt! been designed MId ccnstructl!d to meet ., ~tJ>>ck requirements. FurthtNmore, there are no IMd _taf Iwdships. T1IerrJfrn. stIJIf is consIriJined R-om reccmmtmding appro'4l [Emphasis in the original I1Iport.] It Is dear that staff, In I number of very similar "hardship. situations, NrS taken I dlametricllly opposed position. The 316 Ramlngo property meets the mniroorn bUilding lot c:rltierla and I fully conforming structure could have been built wtth only a reMOl'\able attentiveness to the building c:odu. The requested variance should be denied on the grounds thet the LDC pl'O\llcles no authority 10 grant I variance for hardships not related to the land itself, or for hardships created by incomp<<ence, mlstusance, or mlIll'euance. It Is the ultimate resp0nslbliity of the landowner to I55Ure the use fA owned IInd Is fuRy compliant with the law. A landowner may or may not heW! rights of recovery from suppliers, contracton;, 0( service providers...but It Is not up to the public to bur the burden rX any Itt-hted project that finds itself out of c:ompUance with In-place building codes. 7A After-the-fld: vlNncelar. -.ntt.Uy PIf'dons. Both proceu. should be 1'11I", Infrequent, IIId IPplled onJv in extnIordlNry drcul'l'lltlnc.es. Courta gen..1Iy trwat variances with gnNIt 1keptJc1lm, holding thllt they only be I.IIed sparingly to COITed: unfol.....ble In~1tIcaI1n otherwlle 'MlIkr1lt.ed 1Ms. Th. record to date on the gnmtlng of after-the..fact var1ances in Collier County is I shameful on.. The petition for the VlrlanceS at 316 flamingo, before the CCPC on Thursday, May 20, 2004, IhouId be denied, the position or county lMooing atatr r.commendlng approval notwItttltandlng. Reasons for denial: SectIon 2.7.5.1, Purpose: In speclflc cases, variance ~om the terms of this zoning code MAY be granted wllere said variance WIll NOT be c.ontrIry to the public interest, safety, or welfare AND where CMIng to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable Impad: on the public interest, safety, or welfare; OR a IlIleral enforcement of the zoning code would result In unnecessary and undue hardship or practical dlfficulty tD the owner of the property AND would otherwise deny the property owner a level of utilization of his/her property that is consistent with the deYelopment pattern in the neighborhood AND dearly has no adverse effect on the community at large or neighborhood property owners. DiIcueIIon: The first bo.o clauses fonn one group of conditions that must be satistlec:I together tD justify a variance. As an alternative, the three last clauses lTIISl: an be satisfied to justlfy the issuance of a variance. It's not enough, as staff appears tD be saying, that a hardship exists. Other conditions must also be present in combination with other spedfiecl parameters. Let's look at the first set of conditions. This SlIyS a variance MAY be granted " not contrary to the public interest, safety, or welfare. 'Nhile it might be difficult to establish the variance would directly affect sar.y or we.Jfare, is it not in the public interest that the building codes be followed to the fun extent of their purpose? he not butIdIng codes in place to assure a consistent level of public saf8ty throughout a given political entity? Is it not contrary to the pubIlc interest to toIerat. lax no. cement of the building codes? Neld:, noli! that the first pair of dltuses ALSO requires that a variance granted here be tied to a special CX)I'1(jftjon peculiar to the property. There are no existing Iand-nllated condlUons. The Ylriance falls to satisfy the first set of conditions. The second and onJv remaining test rests on the fiNI three clauses. Here we have to satisfy three concurrent conditions: undue hardship, a denial to the property owner of a level of utilization all others enjoy, and proof that the grant of the variance would have no adverse effect on the community at large. Granting of variances after the fact most assuredly resuIl5 in an adverse etI'ect on the community, simply because with each variance granted casualJv, respect for the letter of the law erodes in ever-\arver inawnents. The second condition, that the property owner, without a variance, w1U be denied a level of utilization enjoyed by the neighbors, is patently ludicrous. Notable others are compIving, some at the considerable expense of having hid to tur down and rebuild. This property owner would be grantx!d a speclal privilege by a var1ance, to the great cllAdvant:age of those who obeyed the law and rebuilt to code standws and lIVen raising the poaiblllty of. vIoIIItIon of the equal prOClIIctIon provisions of the law. This vanance shoukI be denied. The provislonJ of LOC 2.7.5.1 do NOT provide that hlIrdahlp alon. jUJtlfV . variance. The harUship must be proyen to exist in tandem with all the other provisions of the LOC. The f1Icts of this case do not support a variance. fj From: SchmlttJoseDh To: Bruce Burkhard Cc: Richard Blno ; BJ Bover Sent: Monday, October 11, 2004 9:26 AM Subject: RE: 316 Flamingo and other variances ~1 ~ Bruce , More on the issue. To date we still have not received any request for an Administrative variance. As far as the code enforcement is concemed, legal staff is reviewing the final NOV which will subsequently be re- issued this week. All we can do now is move this issue through the code enforcement board. Joe 1:::.1 From: Bruce Burkhard To: Frank Halas; Frank Halas Cc: Richard Bino ; BJ Bover Sent: Thursday, September 08,200511:25 PM Subject: Fw: Flamingo seawall 7r Frank, Here are some better shots of the seawall "repair" at 316 Flamingo. Note the cantilever overhang - clearly an attempt to say that they have a 10' setback. The overhang is an additional foot out beyond the old (and neighboring) seawall caps. After all of the monkey business they still fall short of the required 10 foot rear setback. There is no way that this bold attempt should be rewarded with any kind of a variance. Note also that the encroaching side stairs remain and the pool bathroom is also still in violation of the setback called for in the code (by some 4 feet.) The CCPC and the BCC previously detennined that this building Is an egregious violation of the LOC and they both said that these violations needed to be corrected. In no way did they encourage a whitewash and a cover up with a series of administrative variances. I agree with the concept that small technical mistakes should have a reasonable recourse through the variance process however when a building goes so far outside of known parameters that it can only be assumed that the exceedences were intentional, County government should not reward this type of behavior. This building was constructed by a seasoned builder well versed in the code requirements of the County. Pleading ignorance or hardship should have absolutely no bearing in this case. A clear and unequivocal message needs to be sent to this buHder and all others who would emulate his practices. If an administrative variance were to be granted our whole system of rules and regulations would be a mockery. I urge you to enforce the findings of the BCC when it met on this issue. Should the BCC be forced to revisit every decision they have made? The LOC is intended to be interpreted as to construe the true intent and meaning of the BCC. Your staff should be carrying out the intent of the board not subverting it by encouraging specious means of getting around the intent of our codes. As further evidence of bad faith I have enclosed a set of three pictures (scan.jpg) that were presented as evidence at the BCC meeting which cleany show that the seawall is in fine shape and matches the condition of those of it's immediate neighbors. The pennit for this travesty was applied for under the guise of "seawall repair." The house and seawall are Practicafly brand new- certainly less than 5 years old. My seawall is over 15 years old and still needs no extensive repairs. It strains credulity to believe that an extensive seawall repair would be required so soon on the seawall at 316 Flamingo. I can' believe the amount of time and energy that you and we have had to expend in order to make the staff do the right thing which is to simply uniformly and fainy enforce building codes as spelled out in the LOCo Thanks for all your efforts on behalf of all of the citizens of Collier County. Bruce I .. 7~ i~,..." no... n'o':Jhnr u3,'.,J..JO ;(.lliJ:),. " . ,~. " -... ... ~ ..-.' ~ ... .. .4. .. . .. ~. 7 p, 7~ ..( ~ ..,.....>.'.. :. f . ,'..; , - _ i 7~ ?~ 7~ .~..::.....~.... " I" . .,' . .,....,,,.. -.......c....,.. ..... ~._.,... "'-"-~, '-. ,~ 7~ LDC 9.04.04 Specific Requirements for Minor After-the-Fact Encroachment.s A. Structures for which a building permit has been issued and is under review, but for which a certificate of occupancy has not been granted. The County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to five (5) percent of the required yard, not to exceed a maximum of six (6) inches. For single-family, mobile/modular bomes , duplex, and two-family dwelling units only, in the presence of mitiRat~ circumstances. where the encroachment does not result from error or action on the part o[tOO applicant, the County Manager or designee may administratively approve encroachments of up to twenty-five (25) percent of the required yard. F 7J CON1MUNlrf DEVFl,OP}VIENT AND EN'ffROl\[1VIENTAL SERVICES Offl,ce of fhe AdrnifJlistrator ~_._---,--------- 2800 N. Horseshoe Drive' !',laples. Florida 3-1-104 " 239-403-23850 FAX 239-403-2395 7 ~\ Administrative Appeal and supportive documentation received on October 13,2005 from BJ Savard-Boyer, President, VBPOA and Richard Bing, President, VBBA, regarding Petition No. AVA-2005-AR-7821, for the property located at 316 Flamingo Avenue, Naples, Florida. J seph K. Schmitt dministrator c . 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'", ... rn 00 lJl .D.~9 in d ~ 51$ ~~ - --"k n..50 ~8~ ;; o nw ~n: ,_ :::J OU .JU o z w w 00 U ~ ~ woo ,,,, ..~ ~~ ':fi ...J <(~ f- ~ W o ~ ~ "' w Z "' 0 U In In >- ~ ~ ,. ., NN '" ,,'" ~ ",m ",'" ~D N II w -" wo.:4: IX (;)-j ~ 8~ 8 " '" ;;) ~ :;. c >' ~~ ~6 ~~ LLO~ci OQ)~N WQ~~ f.- _J <( m <( ~ a:: 0 OlL 0-:> z o f" ~~'-' a:Z y: o -":I: "-u WZ lJlW <im m " cc ' I U Z W m fl ~ '~I ~ ~I ~ ~I w ;1 WI ~I ~ ~I z ~I z bl 51 ~I il ~ ~I ~ ~I ~ :1 ~ ;/ ~ ~l ,C;] ;1 ~ ~I ~ I I ~ - z w ~ o ~~~ ~ ~ ; w <(.;( 5~ Q wS ~ ~uu B~ ~ ~ ~ 8B~~ u~ ~~ ~~ ~ ~~~gg ~~ 8~~ ~F ~ m~zg55~~~ ~wo~~~~~~ o ~~g~~~550 ~~~~~~~~~ ~ ~~~0~~~~:~~~~~~i~g~ ~ ~~d~~e~~~ee~~~~~~~* ffi )j II II II 111111 Jj II II II II 111111 11,11 II ~ ~~~~~~~~~~~ 23 ~5 mrowlLf:LLlfllJ)ZI.,L. ~1l..g:~~~5 ;1 ~ ~ r .. 4 . ~~/. j 7 Ii ~ \ COLLIER COUNn' LAND bEVELOPMENT CODE SI'AFF CLARIFICATION CURRENT PLANNING SfAFF ~CAnON SC 98-004 DA1'E:28October1998 ~ LDC SECTION: Section 2.6.21 (Dock facilities), Division 6.3 (Ddinitions: Nyard.. waterfront) -- INITIATED BY: Planning staff as the result of a request for clarification from Customer Service Agents regarding lI1.easuxement of litructure setbacks and dock protrusions from seawalls 'BACKGROUND /CONSIDERA nONS: Section 2.6.21.1. 01 the Loe states that "... PCOtrusiOIlS as well as extension of dock facilities ate measured from the property line, bulkhead line, shoreline, seawall, tiP"'rap line, or Mean High Water Une, whichever is more restrictive." Division 6.3, definition of Nyud, wat:erfronl:", states that" ...open space-..depth (is) measured from property IiIle, bulkhead, ,boreline. 5eaWa~ melUl high water mark,. access easement whichever is the most restrictive," Seawall slabs are a miniInum of.s feet thick,. &l\d seawall caps a minimum of 1.3 fee~ 'Wider allowing for over 1 foot variation in Irlea5Ufement,. depending on which side of the seawall or cap is used to measure the setback, for structures on land, Or protnuion. for docking fll.cilities. DE1'ERMINATION (CLARIFICATION): The lXleasUIementfor both structures and docking fadlities should be taken hom the outer (water) side of either the seawaU or sei1waU cap, as shown in the attached diagram. A UlHOR: R.oss Gochenaur (for Robut J. M ulhere, AICP, Director, Planning Services Department) 1HROUGH: Ronald F. Nino, AICP, Manager, Current PlaMing Section) cc: Johnnie Gebhart. Senior CU$tomer Service Agent Supervisor ... .'. , 1 -r:t ( ~u,...rU~E: SST\31S:'" . J . '? A i)OC.K \'=>..t.< o\~U S f 0 N F"Vl O...<..l F1.< c..u.. ell \f CAP Se.A~1LL SL,I\ G' ~~~~~ ltl<:"ClJ'uRb: t::~oI\1 e::tT1'i~:'L c.cq.,.p o.t( SEA WAll C? ~ 0 tfrE"<.. C w ,q. i'8:.Q.) .5 l:P E .1 l I I- I 1- -- ! L LDC 9.04.04 Specific Requirements for Minor After-the-Fact Encroachments A. Structures for which a building permit has been issued and is under review, but for which a certificate of occupancy has not been granted. The County Manager or designee may administratively approve minor afler-the-fact yard encroachments of up to five (5) percent of the required yard, not to exceed a maximum of six (6) inches. For single-family, mobile/modular homes, duplex, and two-family dwelling units only, in the presence of mitill;ating circumstances, where the encroachment does not result from error or action on the part of the applicant, the County Manager or designee may administratively approve encroachments of up to twenty.fiye (25) percent of the required yard. 7 ~~ P' ...- - 'fit:1 111 ~ :1 ; Sec. 250-58. Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. (b) Due public notice of the hearing on the appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. (Laws of Fla. ch. 67 -1246, ~ 16) ( \ ') ~b~ ~RECE~~!~~S 7,' f. fl Office of the Board of County Commissioners, Collier County Re: Receipt of Materials for Mark & Shirley Dowdy; ADA-2005-AR-8497 Dear Sir: Please review the attached documents and acknowledge receipt by initialing the lines corresponding to each, and ?tno SAgning below on the line provided. to acknowledge receipt of all documents. ~ 1. Six copies of Appellees Mark and Shirley Dowdy's Authority in L Opposition to ADA-2005-AR-8497 binders I hereby acknowledge receipt of all of the foregoing documents from Benjamin Brown of Bond, Schoeneck & King, representing Mark & Shirley Dowdy on this day of March, 2006. /'~ 5), .~....... I \ ._ Signature QM~ UVzey- Printed Name ST A TE OF FLORIDA ) ) ss: COUNTY OF COLLIER ) BEFORE ME, the undersigned authority, personally appeared , who is personally known to me or who has produced as identification, and who, after first being duly sworn, deposes and says that the foregoing Affidavit is true and correct to the best of her knowledge, information and belief. WITNESS my hand and official seal in the County and State aforesaid, on this _ day of ,2006. Notary Public Printed Name Page 1 of2 222462.1 3/7/2006 V7 A ,- h ('''>'C. ^ .,Q. . . vomm.. Rei" ij..... ...., .\" I. t orUI "I' . J.'" f APPELLEES MARK AND SHIRLEY DOWDY'S AUTHORITY IN OPPOSITION to ADA-2005-AR-8497 : Vanderbilt Beach Property Owners Association, Inc., Vanderbilt Beach and Bay Association, Inc., and Vanderbilt Beach Zoning Committee, Appellants, vs. Mark and Shirley Dowdy, Appellees. R........... . q~. '~ B{lQr,j "This home is attractive, both front and rear, and hurts none. Lets put this issue aside and go on enjoying Naples." -Jack Paul 307 Heron Ave. (The homeowner directly across the canal from 316 Flamingo Ave. See Tab 20 for full copy ofletter.) li'~7 !' r I . i.' /. f Appellees Mark and Shirley Dowdy's Authority in Opposition to ADA-2005-AR-8497: The Vanderbilt Beach Property Owners Association, the Vanderbilt Beach and Bay Association and the Vanderbilt Beach Zoning Committee's Appeal of A V A-2005-AR-7821 T ABLE OF CONTENTS No. Description 1. Appellee's Motion to Dismiss Appeal 2. Jennings v. Dade County, 589 So. 2d 1337 (Fl. App. 3 Dist. 1991) 3. Page 1 of the construction contract for 316 Flamingo Ave. (Dated October 3, 2000) 4. Complaint filed by Mark & Shirley Dowdy against J. D. Allen & Associates, et al 5. Collier County Ordinance 9250-58(a) (2005) 6. Collier County Staff Report granting A V A-2005-AR-7821 (Granted AU2ust 29, 2005) 7. Appellees' Memorandum Regarding the Lack of a Notice Requirement in Collier County Code of Laws and Ordinances 9250-58(a) 8. Administrative Variance Application Request information for A V A-2005-AR-7821 available via internet 9. Page 1 of ADA-2005-AR-8497 (Filed on October 13, 2005) 10. Certificates of Occupancy and Completion for 316 Flamingo Ave. 11. Collier County Ordinance 9250-56(a)(1) (2005) 12. Metro. Dade County Ed. of County Comm'rs v, Rockmatt Corp., 231 So. 2d 41 (Fla. App. 3 Dist. 1970) 13. Pages 1,8-10 of the Collier County Planning Commission Staff Report prepared for the May 20, 2004 meeting, suggesting seawall height increase as a solution 14. Pages 1,90-91 of The Transcript of Board of County Commissioners (BZA) Meeting, June 22, 2004, of V A-2001-AR-1706, showing notice of intent to construct seawall cap 222851 1 3/7/2006 r 7_- '.' ...1 .; t n 15. Diagram ofRMF-3 Setbacks Per Collier County Land Development Code 92.6.2 16. Building Permit 2005022792 for Seawall Repair & Engineer's Drawing of seawall cap 17. Collier County Ordinance No. 85-2 relating to Seawall repairs 18. Collier County Land Development Code 99.04.04 (2005) 19. Cross-section of seawall showing 7.80' measurement 20. Collier County Land Development Code Staff Clarification: Current Planning Staff Clarification SC 98-004 21. Photographs of the Dowdys' home at 316 Flamingo Ave. 22. Letters from neighbors, including the owner of 307 Heron Ave (the address directly across canal from 316 Flamingo Ave.) 23. PowerPoint presentation slides 222851 1 3/7/2006 .l //;, in IIII BOND, SCHOENECK & KING, P.A. . ATIORNEYSATLAW · FLORIDA KANSAS NEWYORK BENJAMIN BROWN Direct: 239-659-3813 Bbrown@bsk.com February 3, 2006 Mr. Jim Mudd c/o John Torre David C. Weigel, Esq. Jeffrey A. Klatzkow, Esq. c/o 3301 East Tamiami Trail Naples, FL 34112 Ms. Susan Murray Mr. Joseph Schmitt c/o Collier County Planning Services 2800 North Horseshoe Drive Naples, FL 34104 Re: Petition ADA-2005-AR-8497; March 14, 2006 Hearing - 316 Flamingo Avenue MOTION TO DISMISS APPEAL Gentlemen and Ms. Murray: Our law firm represents Mark and Shirley Dowdy in connection with the above-referenced matter. On October 13,2005, the Vanderbilt Beach Property Owners Association, Inc., the Vanderbilt Beach Beach and Bay Association, Inc., and the Vanderbilt Beach Zoning Committee filed an appeal (Petition ADA-2005-AR-8497) ("Appeal") with the Collier County Department of Zoning & Land Development Review, in an effort to overturn the A V A-2005-AR-7821 Administrative Variance Collier County granted for Mark and Shirley Dowdy's pool deck at their home at 316 Flamingo Avenue in Naples. Currently, there is a Board of County Commissioners/Board of Zoning Appeals meeting scheduled for March 14, 2006, in which the Appeal will be heard. For the reasons set forth below, we request the immediate dismissal of the Appeal. Section 250-58(a) of the Code of Laws and Ordinances, County of Collier, Florida, ("CLO") entitled "Appeal from decision of administrative official" provides that: Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, 4001 Tamiami Trail North, Suite 250, Naples, FL 34103-3555. Phone: 239-659-3800. Fax: 239-659-3812. ....ww.bsk.com 2236831 2/312006 J,: " February 3, 2006 Page 2 department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or re uirement made by the administrative official. ., . The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. The clear language of the ordinance states that the Appellants had to file their appeal within 30 days from the date of the "decision, determination or requirement made by the admin. official...". In the present situation, the Appeal clearly was NOT made within 30 days. Susan Murray, Director of the Collier County Department of Zoning & Land Development Review, decided, determined and granted the Dowdys' Pool Deck Variance on August 29,2005. On this date Susan Murray officially signed the administrative variance approval. Attached hereto as Exhibit "A" is a copy of the approval showing her signature and the date thereof. The variance was then entered into the County's "CD- Plus" computer system on September 6,2005. The Appeal was not received and filed with the Collier County Department of Zoning & Land Development Review until October 13, 2005. The Appeal is therefore untimely as it was 15 days too late to Appeal the Variance. Because the Appeal is untimely, it should be dismissed without any further proceeding. Accordingly, we request the immediate dismissal of Petition ADA-2005-AR-8497. Thank you for your consideration of this matter. If you need any additional information, please do not hesitate to contact me. Very truly yours, <:~&~G.PA Benjamin Bro Attorney for Homeowners Mark and Shirley Dowdy BB/ces cc: Vanderbilt Beach Property Owners Association, Inc. Vanderbilt Beach and Bay Association, Inc. Vanderbilt Beach Zoning Committee 223683.1 2/3/2006 February 3, 2006 Page 3 bee: Mr. and Mrs. Mark Dowdy 49564 Nautical New Baltimore, MI 48047 223683 1 213f2006 7 i\ 1 J j 1 .l L L L STAFF REPORT TO: Susan Murray, AlCP, Director Department of Zoning and Land Development Review THRU: Bill Hanunond, Director Building Review & Permitting Department FROM: Ross Gochenaur Senior Planner DATE: 25 August 2005 PETITION AVA 2005-AR.7821; ADMINISTRATIVE VARIANCE REQUEST, STRUC'TtJRES FOR WHICH A BUH.DING PERMIT HAS BEEN ISSUED AND IS UNDER REVIEW RE: APPLICANT: OWNER(S): Mark A. and Shirley A. Dowdy 49564 Nautical Drive New Baltimore, MI 48047 AGENT: Tim Hancock, A1CP, CAM Talon Management, Inc. 3898 Tamiami Trail' North, #202 Naples, FL 34103 GEOGRAPIDC LOCA nON: The subject property is located at 316 Flanli11g<> Avenue, legally described as Section 29, Township 48 South, Range 25 East aka.Contler's Vanderbilt Beach Estates Unit 3, Block U, Lot 12 REQUESTED ACTION: The applicant is requesting an Administrative Variance of 2.2 feet from the IO-foot rear yard setback for a swimming pooVscreen enclosure (waterfront lot) as required by the Collier County Land Development Code (LDC)on the subject property. / U .J J EXHIBIT f A .-:.1.... .,.. ; 1 7A LDCSection 9~04.04.A states that the County Manager or his designee may approve Administrative Vanlmces for structures ror which a building permit bas been issued and is under review, but for which a certificate of occupancy has not been granted, under the following circumstances: For single-family. mobile/modular homes. duplex. and two- family dwelling units only, in the presence of mitigating circumstances, where the encroachment does not result from enor or action on the part of the applicant, the County Manager or his designee may administratively approve encroachments of up to 25 pettent of the required yard. PURPOSElDESCRIPTION OF PROJECT: The petitioner wishes to complete construction of a swimming pool screen enclosure on the subject property in accordance with Building Permit 2001080082, A spot survey dated 20 August 200S shows that the enclosure encroaches2.2 feet into the IO-foot rear yarrlsetback for pool screen encloSures on waterfront lots as measured from the cap of the seawall. J 1. The pool s.creen enclosure Was originally built on a deck eX~I1g 4 feet in height as measured from the cap of the seawall. The LDC states that the rear yard setback for pool screen enclosures on waterfront lots is 20 feet where the pool deck exceeds 4 feet in height "as measured from the top of the seawllll or top of bank. " The property owner has taken advantage of this language to raise the height of the seawall so that the height of the pool deck no longer exceeds 4 feet as measured from the cap of the reconstructed seawall and the required setback therefore becomes 10 feet rather than 20. In exploiting this technicality, the encroachment was reduced to the pOint where an Administrative Variant:e could be applied for in accordance with LDC Section 9.04.04.A. Regardless of the manner in which the extent of the encroachment 'Was reduced, staf'fis coJiSttained to accepttbatthis was done legally and that the requested Administrative Variance must be evaluated according to the LDe criteria. J 1 L MITIGATING CIRCUMSTANCES: L .,~- The building permit for the screen enclosure was originally submitted by the contractor and approved by Building Department staff without takilig into consideration the fact that the pool deck exceeded4 feet in height and therefOre required a 20..foqt rather than 10- foot setback. County staff therefore contributed to the error allowing the pool screen enclosure to be constructed in its present location. The property oWIler whose agent is applying for the Admin.istrative Variance was Ilot responsible for the COIlt:tactor'S, or the COtJ.D.ty's, error. Staff is therefore constrained to acknowledge that mitigating circumstances warranting approval of the Administrative Variance exist. 7~ t' J I SURROUNDING LAND USE AND ZONING; Existing: Single-family residence, zoned RSF-3 j J l l L L f Surrounding: North: Flamiogo Avenue right-of-way South; Canal East: Single-family residence, zoned RSF-3 West Single-family residence, zoned RSF-3 FINDINGS: Upon review of the Administrative Variance file, it is staff's opinion that the proposed 2.2-foot encroachment meets the criteria established by the Land Development Code. It is also stafPs detenninationthat the granting of this Administrative Variance will notbe injurious to the neighborhood or detrimental to public welfare. STAFF RECOMMENDATION: Staff recommends that the Zoning Director grant an Administrative Variance for the 2.2- foot encroachment as noted in the attached boundary survey, which is affixed hereto and made apart of this staff report. PREPARED BY: ~ ... . -. ,.. :'" .' ; , '. .:- ,.,'. .... ", '.'. '..' -.. ,. ".,.,:, . ' .. . . . . .... ;.;> ...... . . .'- ,.,::.,:-.'. h ~. ....... .....: ..~.senior PfmiD& Department of Zoning & Land Development Review 2r4of cJJ- Date - RE...0~BY~ ~........... .......,..'...,'................~.....,,........'..... n .. ....,. . .&.r- .~.. . hU~" .'.r. Btilldirig ReView & Perinitting Department Concur )/ Do not concur i;0f/&S: D~e . APPROVED BY: ~~ 0' . . _. ;. .' -"-'" . -. " -',..." .,.- ...", A.... .~. ..........'....,......... . tJ~ Murray, AIOP, Director . Department of Zoning & Land DeVelopment Review 08/z9/ar Date' lUll( 2004 7A JENNINGS V. DADE COUNTY 589 So.2d 1337, 16 Fla. L. Weekly D2059, 17 Fla. L. Weekly D26 (Fla.App. 3 Dist. 1991) Headnotes . Opinion . Cases Citing This Case District Court of Appeal of Florida, Third District. Milton S. JENNINGS, Appellant, v. DADE COUNTY and Larry Schatzman, Appellees. Nos. 88-1324,88-1325. Aug. 6, 1991. (FN*) On Rehearing Granted Dec. 17, 1991. SYNOPSIS Landowner petitioned for writ of certiorari to challenge trial court order which dismissed landowner's count alleging due process violation as result of ex parte communication between adjacent landowner's lobbyist and county commissioners before vote approving use variance for adjacent landowner, which gave to landowner leave to amend complaint only against county, and which denied motion to dismiss count alleging nuisance as result of permitted use. The District Court of Appeal, Nesbitt, J., held on rehearing that: (1) landowner's timely petition activated common-law certiorari jurisdiction; (2) lobbyist's ex parte communication could violate due process despite landowner's actual and constructive knowledge of ex parte communication; and (3) landowner's prima facie case of ex parte contacts would give rise to presumption of prejudice and shift burden to adjacent landowner and county to rebut the presumption. Quashed and remanded. Ferguson, J., filed concurring opinion upon grant of rehearing. HEADNOTES ill Zoning and Planning €:=;>741 414 ---- 414X Judicial Review or Relief 414X(E) Further Review 414k741 In General. Landowner's timely petition activated common-law certiorari jurisdiction to review trial court order which dismissed count alleging ex parte communication between adjacent landowner's lobbyist and county commissioners prior to approval of variance, which gave to landowner leave to amend complaint only against county and to transfer matter to appellate division of circuit court, and which denied motion to Copyright <9 Wesl Group 2003. No claim to orginial U.S. Govt. works. d,' 11' h . db' . d' d d 7 A IsmlSS count a egmg t at use pernutte y vanance constItute nUIsance; or er was eparture from essential requirements of law and required plaintiff landowner to litigate putative claim in proceeding that could not afford relief requested. ill Zoning and Planning ~741 414 ---- 414X Judicial Review or Relief 414X(E) Further Review 414k741 In General. No impediment existed to exercise of jurisdiction over defendant landowner, in that common-law certiorari jurisdiction was activated by plaintiff landowner's timely petition. ill Constitutional Law ~318(1) 92 ---- 92XII Due Process of Law 92k318 Administrative Proceedings 92k318(1 ) In General. Quality of due process required in quasi-judicial hearing is not same as that to which party to full judicial hearing is entitled. West's F.S.A. Const. Art. 1, & 9; V.S.C.A. Const.Amends. 5, 14. ~ Administrative Law and Procedure ~311 15A _m 15AN Powers and Proceedings of Administrative Agencies, Officers and Agents 15AN(A) In General 15Ak309 Proceedings in General 15Ak31 I Judicial Procedure; Applicability in General. [See headnote text below] ~ Administrative Law and Procedure ~313 15A ---- 15AN Powers and Proceedings of Administrative Agencies, Officers and Agents 15AN(A) In General 15Ak309 Proceedings in General 15Ak313 Judicial Procedure; Applicability of Rules of Evidence. Quasi-judicial proceedings are not controlled by strict rules of evidence and procedure. ill Constitutional Law ~318(1) 92m- 92XII Due Process of Law 92k318 Administrative Proceedings 92k318( 1 ) In General. Quasi-judicial decision based upon record is not conclusive if minimal standards of due process are Copyright ~ West Group 2003. No claim to orginial U.S. GOY!. works. ~. I, denied. West's F.S.A. Canst. Art. 1, ~ 9; U.S.c.A. Canst.Amends. 5, H. [Ql Constitutional Law ~318(1) 92 ---- 92XII Due Process of Law 92k318 Administrative Proceedings 92k318( 1 ) In General. Quasi-judicial hearing generally meets basic due process requirements if parties are provided notice of hearing and opportunity to be heard. West's F.S.A. Const. Art. 1, 9 9; U.S.c.A. Const.Amends. 5, 14. ill Zoning and Planning ~359 414 ---- 414VII Administration in General 414k358 Procedure 414k359 Notice, Hearing, and Evidence. In quasi-judicial zoning proceedings, parties must be able to present evidence, cross-examine witnesses, and be informed of all facts upon which commission acts. llil Constitutional Law ~278.2(2) 92 ---- 92XII Due Process of Law 92k278.2 Zoning, Building, and Planning Regulations 92k278.2(2) Proceedings and Review. Ex parte communication between landowner's lobbyist and county commissioners before they voted to approve use variance for landowner could violate due process despite adjacent landowner's actual or constructive knowledge of communication and failure to subpoena lobbyist. West's F.S.A. Const. Art. L & 2; U.S.C.A. Const.Amends. 5, H. L2l Administrative Law and Procedure ~314 15A nn 15AIV Powers and Proceedings of Administrative Agencies, Officers and Agents 15AIV(A) In General 15Ak314 Bias, Prejudice or Other Disqualification to Exercise Powers. Ex parte communications are inherently improper and are anathema to quasi-judicial proceedings; quasi-judicial officer should avoid all such contacts where they are identifiable. L1.Q1 Administrative Law and Procedure ~314 15A ---- 15AIV Powers and Proceedings of Administrative Agencies, Officers and Agents 15AIV(A) In General ] 5Ak314 Bias, Prejudice or Other Disqualification to Exercise Powers. Copyright ~ West Group 2003. No claim to orginial US Govt. works. 7' .!;:! IF' ., \ t... & t_ Occurrence of ex parte communication in quasi-judicial proceeding does not mandate automatic reversal. Illl Administrative Law and Procedure ~314 15A _m 15AIV Powers and Proceedings of Administrative Agencies, Officers and Agents 15AIV(A) In General 15Ak314 Bias, Prejudice or Other Disqualification to Exercise Powers. Allegation of prejudice resulting from ex parte contacts with decision makers in quasi-judicial proceeding states cause of action. D1l Administrative Law and Procedure ~314 15A ---- 15AIV Powers and Proceedings of Administrative Agencies, Officers and Agents 15AIV(A) In General 15Ak314 Bias, Prejudice or Other Disqualification to Exercise Powers. Upon aggrieved party's proof that ex parte contact occurred with decision makers in quasi-judicial proceeding, its effect is presumed to be prejudicial, unless defendant proves contrary by competence evidence. West's F.S.A. & 90.304. LU.1 Constitutional Law (S:a;;>318(1) 92 ---- 92XII Due Process of Law 92k318 Administrative Proceedings 92k318( 1) In General. In determining prejudicial effect of ex parte communication allegedly violating due process in quasi-judicial proceeding, trial court should consider the following criteria: what was gravity of ex parte communication; whether contacts may have influenced agency's ultimate decision; whether party making improper contacts benefited from agency's ultimate decision; whether contents of communications were unknown to opposing parties; and whether vacating of agency's decision on remand for new proceedings would serve useful purpose. West's F.S.A. Const. Art. 1, ~ 9; U.S.C.A. Const.Amends. 5, 14. .LJAl Counties (S:a;;>58 104 ---- 104II Government 104II(C) County Board 104k58 Appeals from Decisions. Allegation of prejudicial ex parte communication in quasi-judicial proceeding before county commission enables party to maintain original equitable cause of action to establish its claim. liil Counties (S:a;;>58 104 _m Copyright ~ West Group 2003. No claim to orginial U.S. Gov!. works. 104II Government 104II(C) County Board 1 04k58 Appeals from Decisions. V"'~" . ( 11 Once claim of prejudicial ex parte communication in quasi-judicial proceeding before county commission is established, offending party will be required to prove absence of prejudice. [lQ.l Zoning and Planning ~678 414 ---- 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)3 Presumptions 414k6 78 Variances or Exceptions. Landowner's prima facie case of ex parte contact between adjacent landowner's lobbyist and county commissioners before they voted to approve use variance for adjacent landowner would give rise to presumption of prejudice. West's F.S.A. & 90.304. Ull Zoning and Planning ~679 414 ---- 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)3 Presumptions 414k679 Rebuttal of Presumptions. Landowner's prima facie case of ex parte contacts between adjacent landowner's lobbyist and commissioners before they voted to approve use variance for adjacent landowner would shift burden to county and adjacent landowner to rebut presumption of prejudice. West's F.S.A. & 90.304. li.[l Zoning and Planning ~679 414 ---- 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)3 Presumptions 414k679 Rebuttal of Presumptions. To rebut presumption of prejudice from ex parte contacts between landowner's lobbyist and county commissioners before they voted to approve use variance for landowner, landowner could rely on any favorable evidence presented during adjacent landowner's case-in-chief, including that adduced during cross-examination of adjacent landowner's witnesses. West's F.S.A. & 90.304. COUNSEL 1*1339) John G. Fletcher, South Miami, for appellant. Robert D. Komer and Roland C. Robinson, Miami, Robert A. Ginsburg, County Atty., and Eileen Ball Mehta and Craig H. Coller, Asst. County Attys., for appellees. Copyright ~ West Group 2003. No claim to orginial U.S. Gov!. works. ,., .~ 'l F\ Joel V. Lumer, Miami, for The Sierra Club as Amicus Curiae. Before BARKDULL, (FN*) NESBITT and FERGUSON, JJ. OPINION ON REHEARING GRANTED NESBITT, Judge. The issue we confront is the effect of an ex parte communication upon a decision emanating from a quasi-judicial proceeding of the Dade County Commission. We hold that upon proof that a quasi-judicial officer received an ex parte contact, a presumption arises, pursuant to section 90.304. Florida Statutes (1989), that the contact was prejudicial. The aggrieved party will be entitled to a new and complete hearing before the commission unless the defendant proves that the communication was not, in fact, prejudicial. For the reasons that follow, we quash the order under review with directions. Respondent Schatzman applied for a variance to permit him to operate a quick oil change business on his property adjacent to that of petitioner Jennings. The Zoning Appeals Board granted Schatzman's request. The county commission upheld the board's decision. Six days prior to the commission's action, a lobbyist Schatzman employed to assist him in connection with the proceedings registered his identity as required by section 2-l1.l(s) of the Dade County Ordinances. Jennings did not attempt to determine the content of any communication between the lobbyist and the commission or otherwise challenge the propriety of any communication prior to or at the hearing. Following the commission order, Jennings filed an action for declaratory and injunctive relief in circuit court wherein he alleged that Schatzman's lobbyist communicated with some or all of the county commissioners prior to the vote, thus denying Jennings due process both under the United States and Florida constitutions as well as section (A)(8) of the Citizens' Bill of Rights, Dade County Charter. Jennings requested(*1340) the court to conduct a hearing to establish the truth of the allegations of the complaint and upon a favorable determination then to issue an injunction prohibiting use of the property as allowed by the county. Based upon the identical allegations, Jennings also claimed in the second count of his complaint that Schatzman's use of the permitted variance constituted a nuisance which he requested the court to enjoin. The trial court dismissed Count I of the complaint, against both Dade County and Schatzman. The court gave Jennings leave only against Dade County to amend the complaint and to transfer the matter to the appellate division of the circuit court. The trial court denied Schatzman's motion to dismiss Count II and required him to file an answer. Jennings then timely filed this application for common law certiorari. LlJII1 We have jurisdiction based on the following analysis. The trial court's order dismissed Jennings' equitable claim of non-record ex parte communications while it simultaneously reserved jurisdiction for Jennings to amend his complaint so as to seek common law certiorari review pursuant to Dade County v. Marca, S.A., 326 So.2d 183 (Fla.1976). Under Marca, Jennings would be entitled solely to a review ofthe record as it now exists. However, since the content of ex parte contacts is not part of the existing record, such review would prohibit the ascertainment of the contacts' impact on the commission's determination. This order has the effect then of so radically altering the relief available to Jennings that it is the functional equivalent of requiring him to litigate in a different forum. Thus, Jennings' timely petition activates our common law certiorari jurisdiction because the order sought to be reviewed a) constitutes a departure from the essential requirements oflaw, and b) requires him to litigate a putative claim in a proceeding that cannot afford him the relief requested and for that reason does not afford him an adequate remedy. See Copyright (J;;; West Group 2003. No claim to orginial U.S. Govt. works. 7~ . . Tantillo v. Miliman, 87 So.2d 413 (Fla. 1956); Norris v. Southern Bell Tel. & Tel. Co., 324 So.2d 108 (Fla. 3d DCA 1960). The same reasoning does not apply against Schatzman. Nonetheless, because we have jurisdiction, there is no impediment to our exercising it over Schatzman as a party. f31f 41 [5)(6](7] At the outset of our review of the trial court's dismissal, we note that the quality of due process required in a quasi-judicial hearing is not the same as that to which a party to full judicial hearing is entitled. See Goss v. Lopez, 419 V.S. 565, 95 S.C!. 729,42 L.Ed.2d 725 (1975); Hadlev v. Deoartment of Admin., 411 So.2d 184 (Fla.1982). Quasi-judicial proceedings are not controlled by strict rules of evidence and procedure. See Astore v. Florida Real Estate Comm 'no 374 So.2d 40 (Fla. 3d DCA 1979); Woodham v. Williams, 207 So.2d 320 (Fla. 1 st DCA 1968). Nonetheless, certain standards of basic fairness must be adhered to in order to afford due process. See Hadlev, 411 So.2d at 184: Otv of Miami v. Jervis, 139 So.2d 513 (Fla. 3d DCA 1962 ). Consequently, a quasi-judicial decision based upon the record is not conclusive if minimal standards of due process are denied. See Morzan v. United States, 298 V.S. 468, 480-81, 56 S.C!. 906,911-12,80 L.Ed. 1288 (1936); Western Gillette, Inc. v. Arizona Corp. Comm'n, 121 Ariz. 541,592 P.2d 375 (Ct.App.1979). A quasi-judicial hearing generally meets basic due process requirements if the parties are provided notice of the hearing and an opportunity to be heard. In quasi-judicial zoning proceedings, the parties must be able to present evidence, cross-examine witnesses, and be informed of all the facts upon which the commission acts. Coral Reef Nurseries. Inc. v. Babcock Co.. 410 So.2d 648,652 (Fla. 3d DCA 1982). (FNl) The reported decisions considering the due process effect of an ex parte communication upon a quasi-judicial decision are conflicting. Some courts hold that an ex parte communication does not deny due process where the substance of the communication was capable of discovery by the complaining party in time to rebut it on the record. See, e.g., Richardson v. Perales. 402 U.S. 389,410,91 S.C!. 1420, 1431-32,28 L.Ed.2d 842 (1971)[*1341]; United Air Lines. Inc. v. CA.B., 309 F.2d 238 (D.C.Cir.1962); Jarrott v. Scrivener, 225 F.Supp. 827,834 (D.D.C.1964). Other courts focus upon the nature of the ex parte communication and whether it was material to the point that it prejudiced the complaining party and thus resulted in a denial of procedural due process. E.g., Waste Management v. Pollution Control Bd.. 175 m.App.3d 1023,125 IlI.Dec. 524, 530 N.E.2d 682 (Ct.App.1988), appeal denied, 125 m.2d 575,130 I1I.Dec. 490,537 N.E.2d 819 (1989); Professional Air Traffic Controllers Org. (PATCO) V. Federal Labor Relations Auth.. 685 F.2d 547,564-65 (D.C.Cir.1982); Erdman v. Ingraham, 28 A.D.2d 5, 280 N.Y.S.2d 865, 870 (Ct.App.1967). W The county adopts the first position and argues that Jennings was not denied due process because he either knew or should have known of an ex parte communication due to the mandatory registration required of lobbyists. The county further contends that Jennings failed to avail himself of section 33-316 of the Dade County Code to subpoena the lobbyist to testify at the hearing so as to detect and refute the content of any ex parte communication. We disagree with the county's position. f91fl OH11][121 Ex parte communications are inherently improper and are anathema to quasi-judicial proceedings. Quasi-judicial officers should avoid all such contacts where they are identifiable. However, we recognize the reality that commissioners are elected officials in which capacity they may unavoidably be the recipients of unsolicited ex parte communications regarding quasi-judicial matters they are to decide. The occurrence of such a communication in a quasi-judicial proceeding does not mandate automatic reversal. Nevertheless, we hold that the allegation of prejudice resulting from ex parte contacts with the decision makers in a quasi-judicial proceeding states a cause of action. E.g., Waste Management; PATCo. Upon the aggrieved party's proof that an ex parte contact occurred, its effect is presumed to be prejudicial unless the defendant proves the contrary by competent evidence. & 90.304. See generally Caldwell v. Division of Retirement, 372 So.2d 438 (Fla.1979) (for discussion ofrebuttable presumption affecting the burden of proof). Because knowledge and evidence of the contact's impact are peculiarly in Copyright to West Group 2003. No claim to orginial US. Gov, works. :('1 /,~ {> (I the hands of the defendant quasi-judicial officer(s), we find such a burden appropriate. See Technicable Video Svs. v. Americable, 479 So.2d 810 (Fla. 3d DCA 1985); Allstate Finance Com. v. Zimmerman. 330 F.2d 740 (5th Cir.1964). Ull In determining the prejudicial effect of an ex parte communication, the trial court should consider the following criteria which we adopt from PArCO, 685 F.2d at 564-65: [w]hether, as a result of improper ex parte communications, the agency's decisionmaking process was irrevocably tainted so as to make the ultimate judgment of the agency unfair, either as to an innocent party or to the public interest that the agency was obliged to protect. In making this determination, a number of considerations may be relevant: the gravity of the ex parte communications; whether the contacts may have influenced the agency's ultimate decision; whether the party making the improper contacts benefited from the agency's ultimate decision; whether the contents of the communications were unknown to opposing parties, who therefore had no opportunity to respond; and whether vacation of the agency's decision and remand for new proceedings would serve a useful purpose. Since the principal concerns of the court are the integrity of the process and the fairness of the result, mechanical rules have little place in a judicial decision whether to vacate a voidable agency proceeding. Instead, any such decision must of necessity be an exercise of equitable discretion. Accord E & E Hauling, lnc. v. Pollution Control Bd.. 1 l6111.App.3d 586, 71 Ill.Dec. 587,603,451 N.E.2d 555,571 (Ct.App.l 983), aff'd. 1071l1.2d 33, 89 Ill.Dec. 821. 481 N.E.2d 664 (1985). r 14]r 151 Accordingly, we hold that the allegation of a prejudicial ex parte communication(*1342J in a quasi-judicial proceeding before the Dade County Commission will enable a party to maintain an original equitable cause of action to establish its claim. Once established, the offending party will be required to prove an absence of prejudice. (FN2) rl 61rl 7)rl 81 In the present case, Jennings' complaint does not allege that any communication which did occur caused him prejudice. Consequently, we direct that upon remand Jennings shall be afforded an opportunity to amend his complaint. Upon such an amendment, Jennings shall be provided an evidentiary hearing to present his prima facie case that ex parte contacts occurred. Upon such proof, prejudice shall be presumed. The burden will then shift to the respondents to rebut the presumption that prejudice occurred to the claimant. Should the respondents produce enough evidence to dispel the presumption, then it will become the duty of the trial judge to determine the claim in light of all the evidence in the case. (FN3 ), (FN4 ) For the foregoing reasons, the application for common law certiorari is granted. The orders of the circuit court are quashed (FN5) and remanded with directions. BARKDULL, J., concurs. FERGUSON, Judge (concurring). I concur in the result and write separately to address two arguments of the appellees: (1) This court in Coral Reef Nurseries, Inc. v. Babcock Co.. 410 So.2d 648 (Fla. 3d DCA 1982), rejected attempts to categorize county commission hearings on district boundary changes as "legislative," while treating hearings on applications for special exceptions or variances as "quasi-judicial"; and (2) the petitioner does not state a cause of action by alleging simply that a lobbyist discussed the case in a private meeting with members of the County Commission prior to the hearing. It is clear from Judge Nesbitt's opinion for the court that neither argument is accepted. Copyright ~ West Group 2003. No claim to orginial U.S. Gov!. works. Legislative and Quasi-Judicial Functions Distinct 7A In support of its argument, that "[t]his Court has previously rejected attempts to categorize county commission hearings on district boundary changes as 'legislative', while treating hearings on applications for special exceptions or variances as 'quasi-judicial'," Dade County cites Coral Reef Nurseries, Inc. v. Babcock Comnanv. 410 So.2d 648 (Fla. 3d DCA 1982). The argument is made for the purpose of bringing this case within what the respondents describe as a legislative-function exception to the rule against ex parte communications. Indeed, there is language in the Coral Reef opinion, particularly the dicta that "it is the character of the administrative hearing leading to the action of the administrative body that determines the label" as legislative or quasi-judicial, Coral Reef at 652. which, when read out of context, lends support to Dade County's contentions. As an abstract proposition, the statement is inaccurate. Whereas the character of an administrative hearing will determine whether the proceeding is quasi-judicial or executive, De Groot v. Sheffield, 95 So.2d 912. 915 (Fla.1957), it is the nature of the act performed that determines its character as legislative or otherwise. Suburban Medical Center v. Olathe Community Hosp., 226 Kan. 320. 328. 597 P.2d 654. 661 (1979). See also Walgreen Co. v. Polk County. 524 So.2d 1119. 1120 (Fla. 2d DCA 1988)[*1343) ("The quasi-judicial nature of a proceeding is not altered by mere procedural flaws. "). A judicial inquiry investigates, declares and enforces liabilities as they stand on present facts and under laws supposed already to exist. That is its purpose and end. Legislation, on the other hand, looks to the future and changes existing conditions by making a new rule to be applied thereafter to all or some part of those subject to its power. Suburban Medical Center, 597 P.2d at 661 (quoting Prentis v. Atlantic Coast Line Co., 211 U.S. 210.226, 29 S.Ct. 67. 69. 53 L.Ed. 150 (1908)). (FNI) It is settled that the enactment and amending of zoning ordinances is a legislative function--by case law, Schauer v. Citv of Miami Beach. 112 So.2d 838 (Fla.1959); Machado v. Muszrove, 519 So.2d 629 (Fla. 3d DCA 1987) (en banc), rev. denied, 529 So.2d 694 (Fla. 1988), by statute, sections 163.3161 and 166.041. Florida Statutes (1989), and by ordinance, Dade County Code S 35-303. See also Anderson, Law oj Zoning, S 1.13 (2d Ed.1976) (zoning is a legislative act representing a legislative judgment as to how land within the city should be utilized and where the lines of demarcation between the several zones should be drawn); 101 C.J.S. Zoning and Land Planning S 1 (1958) (same). It is also fairly settled in this state that the granting of variances, (FN2) and special exceptions or permits, are quasi-judicial actions. (FN3) Walgreen Co. v. Polk County. 524 So.2d 1119, 1120 (Fla. 2d DCA 1988); City of New Smyrna Beach v. Barton. 414 So.2d 542 (Fla. 5th DCA) (Cowart, J., concurring specially), rev. denied, 424 So.2d 760 (Fla.1982); Citv of Apopka v. Orange County, 299 So.2d 657 (Fla. 4th DCA 1974); Sun Ray Homes. Inc. v. County of Dade. 166 So.2d 827 (Fla. 3d DCA 1964). A variance contemplates a nonconforming use in order to alleviate an undue burden on the individual property owner caused by the existing zoning. Rezoning contemplates a change in existing zoning rules and regulations within a district, subdivision or other comparatively large area in a given governmental unit. Trou/J v. Bird. 53 So.2d 717 (Fla.1951); Mavflower Pro/Jertv. Inc. v. City of Fort Lauderdale. 137 So.2d 849 (Fla. 2d DCA 1962); 101A C.J.S. Zoning and Land Planning S 231 (1979). Coral Reef Case Clarified Coral Reef involved a legislative action. The issue before the court was whether [* 1344] there was a showing of substantial and material changes in a 1979 application for a rezoning so that a 1978 denial of an application for the same changes, on the same parcel, by the same applicant, would not be precluded by res Copyright (!) West Group 2003. No claim to orginial U.S. Gov!. works. ;j fJ I judicata principles. It was not necessary to hold the 1978 hearing quasi-judicial in character in order to find that the 1978 resolution had preclusive effect on the 1979 zoning hearing. There is a requirement for procedural fairness in all land use hearings, whether on an application for a boundary change or a variance. Adherence to that constitutional standard, however, does not alter the distinct legal differences between quasi-judicial and legislative proceedings in land use cases. We clarify Coral Reef. in accordance with its facts, as holding only that legislation denying an application for rezoning has a preclusive effect on a subsequent application for the same rezoning, unless the applicant can show substantial and material changes in circumstances. Treister v. Citv of Miami, 575 So.2d 218 (Fla. 3d DCA 1991 ), relying on Coral Reef An interpretation of Coral Reef as holding that there is no longer a distinction between legislative actions and quasi-judicial actions of a county commission in land use cases goes far beyond the actual holding of the case, and is clearly erroneous. See note 1 supra. Reliance by the respondents on haak Walton League of America v. Monroe Countv, 448 So.2d 1170 (Fla. 3d DCA 1984), is similarly misplaced. In that case we held that county commissioners, when acting in their legislative capacities, have the right to publicly state their views on pending legislative matters. lzaak Walton League does not address the issue of ex parte communications or prehearing pronouncements in quasi-judicial proceedings. Lobbying Jennings argues here that the behind-the-scenes lobbying (FN4) of the commissioners by Schatzman, for the purpose of influencing the outcome of an appeal from a quasi-judicial proceeding, violated the Citizens' Bill of Rights (FN5) of the Dade County Charter, as well as the due process provisions of the United States and Florida Constitutions. We agree, obviously, that the lobbying actions were unlawful. Dade County and Schatzman respond that Jennings is entitled to no relief because he has not alleged and demonstrated a resulting prejudice. In the opinion on rehearing this court now clearly rejects that argument. Prejudice is to be presumed, without further proof, from the mere fact that any county commissioner granted a private audience to a lobbyist, whose purpose was to solicit the commissioner to vote a certain way in an administrative proceeding for reasons not necessarily addressed solely to the merits of the petition, and that the commissioner did vote accordingly. Starting with the legal definition of lobbying, [*1345) see note 4 supra, and applying common knowledge as to how the practice works, there is a compelling reason for placing the burden of proving no prejudice on the party responsible for the ex parte communication. Although an ex parte communication with a quasi-judicial tribunal makes its final action voidable, rather than void per se, the presumption which is drawn from the fact of the improper conduct, is applied to promote a strong social policy and is sufficient evidence to convince the fact-finder that the innocent party has been prejudiced; the rebuttable presumption imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact. (FN6) S 90.304. Fla.Stat. (1991 ); Department of Agriculture & Consumer Servs. v. Bonanno. 568 So.2d 24. 31-32 (Fla. 1990); Black's Law Dictionary 1349 (4th ed. 1968). Ex parte lobbying of an administrative body acting quasi-judicially denies the parties a fair, open, and impartial hearing. Suburban Medical Center v. Olathe Communitv Hosp.. 226 Kan. 320. 597 P,2d 654 (1979). Adherence to procedures which insure fairness "is essential not only to the legal validity of the administrative regulation, but also to the maintenance of public confidence in the value and soundness of this important governmental process." Id. 597 P.2d at 662 (citing 2 Am.Jur.2d Administrative Law 9 351). Copyright (\) West Group 2003. No claim to orginiaJ U.S. Govt. works. IC--:n' f"'. /;/ J'"l The constitutional compulsions which led to the establishment of rules regarding the disqualification of judges apply with equal force to every tribunal exercising judicial or quasi-judicial functions. 1 AmJur.2dAdministrative Law 9 64, at 860 (1962); Citv of Tallahassee v. Florida Pub. Servo Comm'n. 441 So.2d 620 (Fla.1983) (standard used in disqualifying agency head is same standard used in disqualifying judge). See also Rogers v. Friedman. 438 F.Supp. 428 (E.D.Tex.1977) (rule as to disqualification of judges is same for administrative agencies as it is for courts) (citing K. Davis,Administrative Law 9 12.04, at 250 (1972)). Ritter v. Board ofComm'rs of Adams County, 96 Wash.2d 503, 637 P.2d 940 (1981) (same). (FN*) Judge Barkdull participated in decision only. (FN*) Judge Barkdull participated in decision only. (FN I.) It was conceded at oral argument that the hearing before the commission in this case was quasi-judicial. (FN2.) In such a proceeding, the principles and maxims of equity are applicable. See 22 FlaJur.2d Equity 9944, et seq. (1980). (FN3.) In rebutting the presumption of prejudice, respondent may rely on any favorable evidence presented during the claimant's case-in-chief, including that adduced during respondent's cross-examination of claimant's witnesses. (FN4.) Under the PATCO test adopted, one of the primary concerns is whether the ex parte communication had sufficient impact upon the decision and, therefore, whether the vacation of the agency's decision and remand for a new proceeding would be likely to change the result. (FN5.) Nothing in this decision shall affect our holding in lzaak Walton League of America v. Monroe Count)!, 448 So.2d 1170 (Fla. 3d DCA 1984) (county commission acting in a legislative capacity). (FN I.) Relying on Coral Reef. the majority opinion refers to "quasi-judicial zoning proceedings," a confounding phrase which has its genesis in Rinker Materials Corp. v. Dade Countv. 528 So.2d 904, 906, n. 2 (Fla. 3d DCA 1987). There Dade County argued to this court that the according of "procedural due process" converts a legislative proceeding into a quasi-judicial proceeding, citing Coral Reef That proposition runs afoul of an entire body of administrative law. If an act is in essence legislative in character, the fact of a notice and a hearing does not transform it into a judicial act. If it would be a legislative act without notice and a hearing, it is still a legislative act with notice and a hearing. See Prentis v. Atlantic Coast Line Co.. 211 U.S. 210,29 S.Ct. 67,53 L.Ed. ISO (1908); Reaf!an v. Farmers' Loan & Trust Co.. 154 U.S. 362,14 S.Ct. 1047,38 L.Ed. 1014 (1894). (FN2.) A variance is a modification of the zoning ordinance which may be granted when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. 7 FlaJur2d, Building, Zoning, and Land Controls, 9 140 (1978). The normal function of a variance is to permit a change in "building restrictions or height and density limitations" but not. a change in "use classifications". George v. Miami Shores Village, 154 So.2d 729 (Fla. 3d DCA 1963 ). (FN3.) An administrative body acts quasi-judicially when it adjudicates private rights of a particular person after a hearing which comports with due process requirements, and makes findings of facts and conclusions of law on the disputed issues. Reviewing courts scrutinize quasi-judicial acts by non-deferential judicial standards. See Otl' of Aoopka V. Orange Countv. 299 So.2d 657 (Fla. 4th DCA 1974). On review oflegislative acts, the court makes a deferential inquiry, i.e., is the exercise of discretionary authority "fairly debatable." Southwest Ranches Homeowners Ass'n l'. Broward Countv. 502 So.2d 931 (Fla. 4th DCA}, rev. denied, 511 So.2d 999 (Fla.1987). Further, there is no requirement Copyright ce; West Group 2003. No claim to orginial U.S. Gov!. works. 7 t\ that a governmental body, acting in its legislative capacity, support its actions with findings of fact and conclusions of law. (FN4.) " 'Lobbying' is defined as any personal solicitation of a member of a legislative body during a session thereof, by private interview, or letter or message, or other means and appliances not [necessarily] addressed solely to the judgment, to favor or oppose, or to vote for or against, any bill, resolution, report, or claim pending, or to be introduced ..., by any person '" who is employed for a consideration by a person or corporation interested in the passage or defeat of such bill, resolution, or report, or claim, for the purpose of procuring the passage or defeat thereof." Black's Law Dictionary 1086 (rev. 4th ed. 1968). (Emphasis supplied). The work of lobbying is performed by lobbyists. A lobbyist is one who makes it a business to "see" members of a legislative body and procure, by persuasion, importunity, or the use of inducements, the passing of bills, public as well as private, which involve gain to the promoters. ld. (FN5.) Section a(8), Citizens' Bill of Rights, Dade County Charter, provides in pertinent part: At any zoning or other hearing in which review is exclusively by certiorari, a party or his counsel shall be entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. The decision of any such agency, board, department or authority must be based upon the facts in the record. (FN6.) PATCO v. Federal Labor Relations Authoritv, 685 F.2d 547 (D.C.Cir.1982), relied on by Judge Nesbitt, supports this view. There the court was construing section 557(d)(l) of the Administrative Procedure Act, governing ex parte communications. The Act provides, in subsection (C), that a member of the body involved in the decisional process who receives any prohibited communication shall place the contents of the communication on public record. Subsection (D) states that where the communication was knowingly made by a party in violation of this subsection, the party may be required "to show cause why his claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation." 5 U.S.C.A. ~ 557(d)(I )(C), (ill. Copyright'D West Group 2003. No claim to orginial US. Gov!. works. T H B AMERICA INS T J T UTE r ARCHfTlir:T:-; . 7~ AIA.Document AI 17 .Abbreviated Form of Agreement Between Owner and Contractor Jar CONSTRUCT/ON PROJECTS OF LIMITED SCOPE where lhe basis 01 paymenz is the COST OF THE WORK PLUS A FEE with Or w,'thOf.lt (,l Guaranteed Maximum Price 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUBNCES,. CONSUL iA 'TION WITH AN ATTORNEY IS ENCOURJ1GED wrTH RESPECT TO ITS COMPLET/ONoN MODIFlCATfON Thfsdoc:uMc:nt Includes lIbbrcvlatcd Geneml Ctlnditlons and should not be used wIth mhcr 8c:n(!r.d conditions, It has been :ipproved 2nd endO('$e(l "l' The AssoC'bHcd General ConlraclCl~ of Am<,'ric:a. AGREEMENT made as of the ~rd ~wo thousand and 00 day of October in the yea.r of BETWEEN the OWner: (N/l~ tV14 a44rt$s) Mar.k and Shirley Dowdy 49564 Nautical Drive New Baltimore, Michigan 48047-2334 and the Contraccor: (Nerme and ~d~ J.D. Allen & Associates, Inc. 267 Airport Road South Naples, FL 34104 The Project is: (NlJme f:md llX4tiorz) Proposed Dowdy Residence 316 Flamingo Ave. Naples, FL The Architect is: (Ntlt7Ie DMd dddre.ss) J.D. Allen & Associates, 267 Airport Road South Naples, FL 34104 Inc./John W. Kemper, PA EXHIBIT I II All The Owner and Contr:;rctor tlgree as set fonh below, Copyright I ~75', <511 ~IP by Tht: Mll;r;GIIl InsU(I,IIC: III ArChilecls, 17" New York ^V\;llue, N.W., WlI,'lh I "W 1111 , 0,<:, JOIIO(,. I'orllow< III [his docume/lt are: derivr:d from AlA Dueumcnl A Ill, St~lldM:f F()rm of Agreemenlllclwccn OWII!!r ..lid (:0111 r:/c'lor wlll.'rt'l/u: h:L~i!' (II payment Is the CoO( of lh~ Work PIUN;l ~cc. copyright e> 1987 anJ t;arller )'~~Ni, lll1d AlA l)CK'Umelll A20 I, (;l'I1l!r:JI Comllfillns of tIll' CQnr~ct (or ConslruclIon, copyright @ 19117 and earlier ycar.~. Rcproduc[/~m or Ihe Illllreri~1 her!:';n (}r .o;lIhsHlIllilJI qllol~lIol1 ol"/lJi Ilwvl sions 'PitOout wrltlen pcrmllislon of {JI~ AlA \'iol~lC$ rhe ('OPYl'igJH l:lws or 1I1~ Unlll~d Sr;rlc); :lnc.l willi\<' .~lIhit','1 III IqolaJ IHll!;(~Oili(J". AlA OOC(r/oCEHT A. 117. "IOSIU,V,^ T'IlO C051'.rWs OWNI1R'COIIITIlACTOR /I(JR6I:iMEN'!'. ~6C( )N(lI:\/)lil()I'l' ^I^" 4'J 1987 . THlO A.MERlCAN INSTITUTE 01' ARCHITECTS, 1735 NfiW YORK AVRNUll, N,W" W^SJ IING1'O/'l. D.t 2uOIXl A117~19B7 1 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA Civil Action MARK AND SHIRLEY DOWDY, Plaintiffs, Case No. vs. J.D. ALLEN & ASSOCIATES, INC., a Florida corporation, JOHN W. KEMPER, P.A., a Florida professional corporation, TROPICAL DESIGN GROUP, P.A., a Florida professional corporation, TROPICAL DESIGN GROUP, INC., a Florida corporation, J.D. ALLEN AND ASSOCIATES, INC./JOHN W. KEMPER, P.A., a Florida corporation, ROBINETTE AND EATON LAND SURVEYING, INC., a Florida corporation, JAMES D. ALLEN, JR., individually, and JOHN W. KEMPER, individually, coPY ~'tJ -< I , I j C) f.-,) C) r:-::~ j- k c:-:::\ 1- C.r1 \.j ;;c (-rl ,-" L"J ~~-:':""1 -. ~ :~:; -y\ . "~ I ~- -.J c:~ r= -;-, ,'1 --....1 c. -0 ::'l~ 0 c :x c "1 .-~ ~ -l .... . ., C)d (J) .r- .0 . ::'-1J1 (,'0 '=' J;. CJ CJ Defendants. / COMPLAINT Plaintiffs MARK AND SHIRLEY DOWDY ("Plaintiffs"), sue Defendants J.D. ALLEN & ASSOCIA TES, INC., JOHN W. KE.MPER, P.A., TROPICAL DESIGN GROUP, P.A., TROPICAL DESIGN GROUP, INC., J.D. ALLEN AND ASSOCIATES, INC.lJOHN W. KEMPER P.A., ROBINETTE AND EATON LAND SURVEYING, INC., JAMES D. ALLEN, JR. and JOHN W. KEMPER and allege: l. This is an action for damages that exceed $15,000, exclusive of interest, costs and attorney fees. 2. Plaintiffs are residents of the State of Michigan. 3. Plaintiffs own real property located at 316 Flamingo Avenue, Naples, Florida 34104, legally described as LOT 12, BLOCK U, "CONNERS VANDERBILT ESTATES, UNIT -3" AS Page 1 of7 219232.2 .:~'" '.1 ( RECORDED IN PLAT BOOK 3, PAGE 89, COLLIER COUNTY, FLORIDA PUBLIC RECORDS (the "Property"). 4. Defendant J.D. Allen & Associates, Inc. ("J.D. Allen, Inc.") is a corporation incorporated under the laws of the State of Florida, with its principal place of business in Collier County, Florida. At some relevant times, J.D. Allen, Inc. may have been named and/or known as Tropical Design Group, P.A., Tropical Design Group, Inc. and/or J.D. Allen and Associates, Inc.lJohn W. Kemper, P.A. 5. Defendant John W. Kemper, P.A. ("Kemper P.A.") is a dissolved professional corporation incorporated under the laws of the State of Florida, with its principal place of business located in Collier County, Florida. 6. Defendant Tropical Design Group, P.A. ("Tropical P.A.") is a professional corporation organized under the laws of the State of Florida with its principal place of business located in Collier County, Florida. 7. Defendant Tropical Design Group, Inc. ("Tropical Inc.") is a corporation organized under the laws of the State of Florida with its principal place of business located in Collier County, Florida. 8. Defendant J.D. Allen and Associates, Inc.lJohn W. Kemper, P.A. ("Allen/Kemper") is a corporation organized under the laws of the State of Florida with its principal place of business located in Collier County, Florida. 9. At all relevant times, J.D. Allen, Inc., Kemper P.A., Tropical P.A., Tropical Inc., and Allen/Kemper had and worked from the same offices, had blended operations, and had no distinct corporate identities. 10. Defendant James D. Allen, Jr., ("Allen") is an individual and upon information and belief is a resident of Collier County, Florida. Page 2 of7 219232.2 II. Defendant John W. Kemper ("Kemper") is an individual and upon information and belief is a resident of Collier County, Florida. 12. Defendant Robinette and Eaton Land Surveying, Inc., is a corporation incorporated under the laws of the state of Florida, with its principal place of business in Collier County, Florida. 13. All of the causes of action set forth in this Complaint accrued in Collier County, Florida. ALLEGATIONS COMMON TO ALL COUNTS 14. On or about August 31, 2000, and thereafter, Defendant Robinette and Eaton Land Surveying, Inc. agreed to perform surveying services for J.D, Allen, Inc., Kemper P.A., Tropical P.A., Tropical Inc., AllenlKemper, Allen and Kemper, or one or more of them, in preparation for the construction of a house and accessory structures for Plaintiff on the Property. 15. On or about October 3,2000, Plaintiffs and Defendants J.D. Allen, Inc., Kemper P.A., Tropical P.A., Tropical Inc., AllenlKemper, Allen and Kemper, or one or more of them, entered into an agreement for the design and construction of a house and accessory structures to be located on the Property ("Agreement"), a true and correct copy of which is attached as "Exhibit A". 16. On or about December 26, 2001, Defendants J.D. Allen, Inc., Kemper P.A., Tropical P.A., Tropical Inc., AllenlKemper, Allen and Kemper, or one or more of them, completed construction of the house and accessory structures for Plaintiffs on the property and final payment pursuant to the Agreement was made by the Plaintiffs. 17. As completed, the house and accessory structures violated the Collier County Land Development Code's ("CCLDC") setback requirements for the house, the pool cage accessory structure, and the side staircases. COUNT 1- Ne21i2ence a2ainst Surveyor 18. Plaintiffs re-allege paragraphs I through 17 as if fully set forth herein. Page 3 of7 219232.2 7 19. Between on or about August 31,2000 and December 14, 2004, Defendant Robinette and Eaton Land Surveying, Inc. performed various surveys of the Property. 20. Defendant Robinette and Eaton Land Surveying, Inc. had a duty to survey the Property with a reasonable level of skill and expertise. 21. Defendant Robinette and Eaton Land Surveying, Inc. negligently failed to delineate or depict the Property's relevant boundaries and setbacks. 22. Additionally, Defendant Robinette and Eaton Land Surveying, Inc. negligently failed to locate and/or properly demarcate the location of the house and accessory structures on the Property thereby causing the Plaintiffs house and accessory structures to be constructed in violation of applicable CCLDC setback requirements. 23. As a direct and proximate consequence of Defendant Robinette and Eaton Land Surveying, Inc.'s negligence, Plaintiffs have suffered damages. 24. Plaintiffs' damages continue to accrue as a result of Defendant Robinette and Eaton Land Surveying, Inc.'s negligence, on account of the continuing costs Plaintiffs incur in efforts to comply with the CCLDC. WHEREFORE, Plaintiffs demand judgment for damages against Defendant Robinette and Eaton Land Surveying, Inc., plus pre-judgment interest, court costs, a jury trial, and such other and further relief the Court deems just and proper. COUNT 11- Neelieence aeainst Contractors and Architect 25. Plaintiffs re-allege paragraphs I through 17 as if fully set forth herein. 26. Defendants J.D. Allen, Inc., Kemper P.A., Tropical P.A., Tropical Inc., AllenlKemper, Allen and Kemper, or one or more of them, had a duty to construct the house and accessory structures on the Property with a level of skill and expertise that is due under the circumstances. Page 4 of7 219232.2 " ;:1 }l .j1 27. Defendants J.D. Allen, Inc., Kemper P.A., Tropical P.A., Tropical Inc., Allen/Kemper, Allen and Kemper, or one or more of them, negligently constructed a house and accessory structures on the property that failed to conform to the CCLDC's setback requirements. 28. Allen was personally responsible for the design and construction work under the Agreement. Allen did the work himself or directly supervised and directed the work. 29. Kemper was personally responsible for the design and construction work under the Agreement. Kemper did the work himself or directly supervised and directed the work. 30. As a direct and proximate consequence of Defendants J.D. Allen, Inc., Kemper P.A., Tropical P.A., Tropical Inc., AllenlKemper, Allen and Kemper, or one or more of these Defendants' negligence, Plaintiffs have suffered damages. 31. Plaintiffs' damages continue to accrue as a result of Defendants' negligence, on account of the continuing costs Plaintiffs incur in efforts to comply with the CCLDC. WHEREFORE, Plaintiffs demand judgment for damages against Defendants J.D. Allen, Inc., Kemper P.A., Tropical P.A., Tropical Inc., Allen/Kemper, Allen and Kemper, jointly and severally, plus pre-judgment interest, court costs, a jury trial, and such other and further relief the Court deems just and proper. COUNT 111- Breach Of Contract 32. Plaintiffs re-allege paragraphs 1 through 17 as if fully set forth herein. 33. On or about October 3,2000, Plaintiffs and Defendants, J.D. Allen, Inc., Kemper P.A., Tropical P.A., Tropical Inc., AllenlKemper, Allen and Kemper, or one or more of them, entered into the Agreement for the design and construction of a house and accessory structures to be located on the Property. 34. Defendants breached the Agreement in the following respects: a. Article ] 4.1 of the Agreement in part provides that "The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall Page 5 of7 219232.2 77~ be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters." Defendants breached this provision because they supervised and directed the Work is such manner that the completed house and accessory structures violate applicable CCLDC setback requirements. b. Article 14.4 of the Agreement provides in part that "the Work will conform with the requirements of the Contract Documents." The surveys performed by Defendant Robinette and Eaton Land Surveying, Inc. were within the meaning of "Contract Documents" in the Agreement. In breach of the Agreement, Defendants J.D. Allen, Inc., Kemper P.A., Tropical P.A., Tropical Inc., AllenlKemper, Allen and Kemper, or one or more of them, failed to conform the Work to the Contract Documents by designing and constructing a house and accessory structures that are not in conformity with the surveys. c. Article 14.6 of the Agreement provides in part that "The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work." Defendants breached this provision because the house and accessory structures that they built do not comply with the applicable CCLDC setback requirements. d. Article 14.7 of the Agreement provides in part that "the Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees; subcontractors and their agents and employees, and other persons performing portions of the work under a contract with the Contractor." Defendants have breached this provision because the house and accessory structures built on the Property do not comply with applicable CCDLC setback requirements, thereby breaching their responsibilities to the Plaintiffs. 35. As a direct and proximate consequence of Defendants' breaches of the Agreement, Plaintiffs have suffered damages. Page 6 of7 219232.2 7A 36. Plaintiffs' damages continue to accrue as a result of these Defendants' negligence, on account of the continuing costs Plaintiffs incur in efforts to comply with the CCLDC. WHEREFORE, Plaintiffs demand judgment for damages against Defendants J.D. Allen, Inc., Kemper P.A., Tropical P.A., Tropical Inc., AllenlKemper, Allen and Kemper, jointly and severally, plus pre-judgment interest, court costs, a jury trial, and such other and further relief the Court deems just and proper. Dated this 2- day of November, 2005 BOND, SCHOENECK & KING, P.A. Attorneys for Plaintiff 4001 North Tamiami Trail, Suite 250 Naples, Florida 34103-3555 Telephone: (239) 659-3800 F.CSimile:G3812 By: Benjamin Brown, Esq. Florida Bar No: 0013290 Page 70f7 219232.2 CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 05-16, enacted March 23,2005. (Supplement No. 18) Sec. 250-58. Appeal from decision of administrative official. (a) Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. (b) Due public notice of the hearing on the appeal shall be given. (c) Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. (Laws of Fla. ch. 67-1246, 9 16) L /Y'''1 n (' ~'. i'--i STAFF REPORT TO: Susan Murray, AICP, Director Department of Zoning and Land Development Review THRU: BiU Hammond, Director Building Review & Pennitting Department FROM: Ross Gochenaur Senior Planner DATE: 25 August 2005 PETmON AVA 2005-AR-7821; ADMINISTRATIVE VARIANCE REQUEST, STRUCTURES FORWmCH A BUILDING PERMIT HAS BEEN ISSUED AND IS UNDER REVIEW RE: APPLICANT: J J J 1. t t [, L L r.. OWNER(S): Mark A. and Shirley A. Dowdy 49564 Nautical Drive New Baltimore, MI 48047 AOENf: Tim Hancock, AICP, CAM Talon Management. Inc. 3898 Tamiami Trail'North, #202 Naples, FL 34103 OEOGRAPIDC LOCATION: The subject property is located at 316 Flamingo A venue, legally described as Section 29, Township 48 South, Range 25 East aka Conner's Vanderbilt Beach Estates Unit 3, Block U,Lot 12 REQUESTED ACTION: The applicant is requesting an Administrative Variance of 2.2 feet from the 1 O-foot rear yard setback for a swimming pooVscreen enclosure (waterfront lot) as required by the Collier County Land Development Code (LDC) on the subject property. L -} J J 1 1 t l L L fI/ l., LDC Section 9.04.04.A states that the County Manager or his designee may approve Administrative Variances for structures for which a building permit has been issued and is under review, but for which a certificate of occupancy has not been granted, under the following circumstances: For singJe-family, mobile/modular homes, duplex. and Iwo- famDy d.welling units only, in the presence of mitigating circumstances, where the encroachment does not result from etTor or action on the part of the applicant, the County Manager or his designee may administratively approve encroachments of up to 25 percent of the required yard. PURPOSElDESCRIPTION OF PROJECT: The petitioner wishes to complete COnstruction of a swimming pool screen enclosure on the subject property in accordance with Building Permit 2001080082. A spot survey dated 20 August 2005 shows that the enclosure encroaches 2.2 feet into the 10-foot rear yard setback for pool screen enclosures on waterfront lots as measured from the cap of the seawall. The pool screen enclosure was originally built on a deck exceeding 4 feet in height as measured from the cap of the seawall. The LDC states that the rear yard setback for pool screen enclosures on waterfront lots is 20 feet where the pool deck exceeds 4 feet in height "as measured from the top of the seawall or top of bank." The property owner has taken advantage of this language to raise the height of the seawall so that the height of the pool deck no longer exceeds 4 feet as measured from the cap of the reconstructed seawall and the required setback therefore becomes 1 0 feet rather than 20, In exploiting this technicality, the encroachment was reduced to the point where an Administrative Variance could be applied for in accordance with LDC Section 9.04.04.A. Regardless of the manner in which the extent of the encroachment was reduced, staff is constrained to accept that this was done legally and that the requested Administrative Variance must be evaluated according to the LDC criteria. MITIGATING CIRCUMSTANCES: The building pennit for the screen enclosure was originally submitted by the contractor and approved by Building Department staff without taking into consideration the fact that the poo.1 deck exceeded 4 feet in height. and therefore required a 20-foot rather than 10. foot setback. County staff therefore contributed to the error allowing the pool screen enclosure to be constructed in its present location. The property owner whose agent is applying for the Administrative Variance was not responsible for the contractor's, or the County's, error. Staff is therefore constrained to acknowledge that mitigating circumstances warranting approval of the Administrative Variance exist L L/ ~7 A SURROUNDING LAND USE AND ZONING: Existing: Single-family residence, zoned RSF-3 Surrounding: North: Flamingo Avenue right-of-way South: Canal East: Single-family residence, zoned RSF-3 West: Single-family residence, zoned RSF-3 FINDINGS: Upon review of the Administrative Variance file, it is staff's opinion that the propOsed 2.2-foot encroachment meets the criteria established by the Land Development Code. It is also staff's determination that the granting of this Administrative Variance will not be injwious to the neighborhood or detrimental to public welfare. STAFF RECOMMENDATION: Staff recommends that the Zoning Director gmntan Administrative Variance for the 2.2. foot encroachrneutas noted in the attached boundary survey, which is affixed hereto and made a part of this staff report. J .f 1 1 ~. l L I L PREPARED BY: q~~ Department of Zoning & Land Development Review 2rAClf ()J- Date - ~~ aDln:clor Building ReView & Permitting Department Concur / Do not concur 5''#I/bS D~e . APPROVED BY: ~~~ A~ Murray, AICP, Director ... .. . Department of Zoning & Land Development Review OHI1.9/or Date' JlIIIe 2004 1::1 1,,\ ADA-2005-AR-8497: Appellees' Memorandum Regarding the Lack of a Notice Requirement of Collier County Code of Laws and Ordinances 9250-58(a) I. Introduction Section 250-58(a) ofthe Code of Laws and Ordinances, County of Collier, Florida, ("CLO") entitled "Appeal from decision of administrative official" provides that: Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. As can be read from the clear language of the ordinance section, there is NO notice requirement to any potential persons wishing to appeal an administrative variance. It is implied that the 30 day window to appeal a variance begins with the date of the "decision, determination or requirement made by the administrative officia1." In this case, the date ofthe County's decision was August 29, 2005. Moreover, there is no basis for arguing that the ordinance should provide for notice. Other county proceedings such as dimensional variances and appeals from official interpretations require notice to be given. However, administrative variance petitions, especially ones for residential property, are largely a private affair. The fact that the CLO does not require public notice for administrative variances is INTENTIONAL. If the county legislators intended to provide for public notice, they certainly knew how, and they would have included it in Section 250-58(a). However, even if one were to create a notice requirement and essentially re-write the code section, the only reasonable interpretation would be to provide for constructive notice, whereby the Appeal filed would still be time barred by Section 250-58(a) of the CLO. II. Actual Notice Any argument that the 30 days is to be measured from some other point of time than the date the variance is granted, or that Section 250-58(a) of the CLO implies a notice requirement to potential appellants is simply wrong and without merit. Appellants' claim that they did not hear Page 1 of3 222571.1 3/6/2006 7t\ b .. about the variance grant until their meeting with Commissioner Halas on September 20, 20051 is simply irrelevant. Measuring the 30 days from the date appellants actually learned of the variance would mean that variances could be appealed months or years after they were granted. This contravenes the explicit language of Section 250-58(a) and permitting this appeal (ADA- 2005-AR-8497) to go forward would create a dangerous precedent. Permitting appeals to be filed after the 30 day window, when appellants actually hear of the variance, has the potential to create considerable havoc with marketable title to property, the issuance of certificates of occupancy, and simple peace of mind regarding one's own property. As shown above, the clear language of the ordinance provides that the 30 days begins with the decision or determination by the administrative official, and in this case, the date of August 31, 2005, when Susan Murray granted the administrative variance, and not when the appellants actually heard about the variance having been granted. III. Constructive Notice As previously stated, if any notice requirement were to be created, the only reasonable requirement would be that of constructive notice. Even though no public notice is required to be issued when administrative variances are granted, the Collier County Government has provided important public notices and access to vital information by means of its website, http://www.co.collier.fl.us..Recently.this same website provided emergency notices and postings when hurricane Wilma struck the area in 2005. Specifically, on the zoning page, http://www.co.collier.f1.us/zonin2/index.htm. under "Department Tools" there is a project tracking feature. As soon as administrative variance project information is entered in Collier County's computer system, a mirror-image is instantly available on this website on the internet, thereby providing Constructive Notice to anyone wishing to inquire. In this case, the Dowdys' administrative variance was entered into Collier County's CD-Plus computer system and available on the internet to the public ever since September 6,2005. October 13, 2005, the date the Appeal was filed, is still more than 30 days after September 6, 2005 (37 days), thus the Appeal is still time barred even if Constructive Notice were required. Also, the same administrative variance information (and more) can be found by accessing the "Shiney Book" on the same webpage, which is a comprehensive listing of Collier County's Land Use Petition Log. Information regarding the Dowdys' variance petition has been available in this location as well (and available for tracking) ever since it was entered into the County's CD-Plus computer system on June 13,2005. Most importantly, pursuant to Fla. Stat. 9 119.07, public records can be inspected and copied at any time by any person desiring to acquire information about variance petitions contained within. Appellants could have easily accessed the relevant file in Community Development and 1 See the Appeal (Petition ADA-2005-AR-8497) Page 2 of3 222571.1 316/2006 ;:='-71 Ii /.. Environmental Services to monitor the progress of the variance petition and file a timely appeal had they been so inclined. IV. Conclusion · CLO 250-58(a) provides for a 30 day window in which to appeal administrative variances, measured from the date the administrative variance was granted. Because the appeal was granted on August 29,2005 and the appeal was filed on October 13,2005, the appeal is time barred (by 15 days) and should be dismissed. · CLO 250-58(a) does NOT require that any notice be given to the public. · Even if a notice requirement were somehow created, measuring the 30 day window from the date of Actual Notice would create a slippery slope that would permit individuals to appeal variances months or even years later, all the while encumbering the title to one's property. · Even if notice were somehow required under CLO 250-58(a), measuring the 30 day window from the date Constructive Notice was given, i.e., the date the variance grant was available on the internet via Collier County's website (September 6, 2005), the Appeal would still be time barred (7 days late) and should be dismissed. Page 3 of3 222571.1 3/6/2006 Page 1 of 3 t F-'(."'.:. N n M Application Request Extended Detail Report Back Application Nbr: 7821 Project Name: DOWDY, MARK Opened: 06/13/2005 Release Date: 09/06/2005 APPLICANT INFORMATION NAME: TALON MANAGEMENT ADDRESS: 3898 TAMIAMI TRAIL N SUITE 202 NAPLES FL 34103 PHONE: (239)262-6197 FAX: (239)262-6198 OTHER: OWNER INFORMATION NAME: DOWDY, MARK A=& SHIRLEY A ADDRESS: 49564 NAUTICAL DR Project Nbr: 2004120025 Application Code: AVA Review Level: 1 AR Status: RELEASE STAGE NEW BALTIMORE MI 480470000 PHONE: FAX: OTHER: CHANGE: Administrative variance request for a after-the-fact encroachment into the required setback for the pool and pool enclosure. JUSTIFICA TION: AADT: PLANNER: susan murray LOT NBR: SURVEY: ROAD MILES: CANCEL DATE: SCHED EXP DATE: ADDITIONAL INFO: NBR UNITS: REVIEWS: 1 LOT MIN SIZE: A TT ACHED PLANS: ROAD TYPE: BY: EXP USER: IMPERV SQFT: REVIEWS PENDING 0 CIP NBR: ACRES: http://www.co.collier.fl.us/zoning! ARSearch/DispAppDetai Is _ inc .cfm? AppNbr=7821 11/30/2005 Page 2 of3 COMMITTEES AGENCY NBRlDESC: l17lREVIEW STATUS NO COMMITTEE REQUIRED SCHEDULE: MEETING: STATUS: 07/07/2005 PROCEED REVIEWS DEV REV CURRENT PLANNING COMPLETE Due: 07/01/2005 Released By: GOCHENAUR_R PROPOSED PLAN APPLICATION ITEMS OTY: 1.00 APP ITEMlDESCRIPTION: A V AN ARlANCE-ADMINISTRA TIVE AMI:. 1000.00 LETTERS APPROV AL LETTER Date Sent: Sep 06, 2005 http://w\\-w.co.collier.fl.uslzoning/ ARSearch/DispAppDetails _inc.cfm? AppNbr=7821 11130/2005 . . Page 3 of3 'J r~ -; .~\ . Important Instructions: Click on the Letter subject. In the new Window, click on "FILE", then "Edit with Microsoft Office Word", Save it as a new document (Save As) with a .TXT extension (use the defaults in the subsequent screens), CLOSE the current document, then OPEN the new document in MS Word. The data in the window (control codes for the word document) can then be displayed in the proper format. END OF REPORT http://www.co.collier.fl.uslzoning/ ARSearch/DispAppDetails _ inc.cfm? A ppNbr=7821 11/30/2005 , I '" ,...... '4 .. "ande~bi/t Beach and Bay Association , 'tlanderbi/t Beach Properly Owners Association anderbi/t Beach Zoning Committee ,. DOWDY, MARK PROJECT #2004120025 . DATE: 10/14/05 DUE: 10/281 i SUSAN MURRAY 1 085TG~l/shore Drive Naples FL 34106 \a. October 12, 2005 Joseph K. Schmitt Administrator Community Development and Environmental Services Division 2800 N Horseshoe Drive Naples, FL 34103 I~~!, COMMUNrTY DEVElOPMENT Dear Joe: This is a follow up on our earlier appeals to your department. It is a specific appeal, pursuant to the applicable Collier County Land Development Code (CC LDC) appellate sections, to overturn the admini~trative variances given under Petition No: A V A-2005-AR-7821 for the property located at 316 Flamingo Avenue. This appeal is being made by: · Vanderbilt Beach Property Owners Association . · Vanderbilt Beach and Bay Association · Vanderbilt Beach Zoning Committee Our three citizens groups are on record as opposed to the repeatedly requested, after-the-fact variances for the house located at 316 Flamingo Avenue, legally described as Section 29, Township 48 South, .Range 25 East aka CoIUler's Vanderbilt Beach Estates Unit 3, Block D, Lot 12. The numerous egregious violations of our LDC (four in total) should not and cannot be rewarded in any manner if our Code is to have credibility. Our associations are adamant about enforcing the spirit and the letter of the LDC and its application in Conner's Vanderbilt Beach Estates. We have stated to the county on numerous occasions, both on and o.ffthe record, that we know that the builder did use and abuse the system in order to construct a building that is simply. too large for the lot and in violation of the CC LDC as further found by the Collier County Board of Commissioners sitting as the Board of Zoning Appeals in May, 2004. Staff on numerous previous occasions opined that the granting of a variance for this property would not be in harmony with the general intent and purpose of the land development code, particularly relating to hardships. (Attachment A) We agreed with that concept when proffered; we believe it continues to apply. Since September 25, 2005, we have been diligently notifying the CDES office of our organizations' formal appeal of the administrative variances granted by CDES. Our earlier notices of appeal acknowledged any costs associated therewith. (Attachments B, BI) We included in that email a request for disclosure under the Public Records portion of the Florida Sunshine Law, Chapter 119, F.S. on that date. The request was specifically for copies of listed documents so that a detailed appeal document could be prepared. These copies have not been provided as of this date. We now understand that as of this date the county attorney has not ruled on whether and/or how an appeal of an administrative variance can be pursued or whether some other action is more appropriate. Apparently no administrative variance has ever been appealed. . Therefore, in the absence of any opinion and ruling, we submit this appeal to overturn the granted administrative variances together with a check for $1000, which is the fee for other similar types of appeals. However, we continue to request that this fee be waived. RECE\'JED at1 . \ ~1005 i 1 J L&lVUUOO I IaJ 002 :DPR2025 COLLIER COUN11Y BOARD OF COUNTY COMIWlISSIONERS CERTIFICATE OF OCCUPANCY 7 ,:', J . ~ . ~ This Certificate is issued persuant to the requirme:nts of the Standard Building Code certifying that at the t~ of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: ~ CO NBR: 294928 STAID:3: ISSUED - CO TYPE: FINAL ISSUED DATE: September 15, 2005 ~DRESS: 316 FLAMrNGO AVE SUBDIVISION: 332 Conners Vand Bch Est 3 !:Q!.:.. 12 BLOCK: u T.R.S. : SLue JOB DES o NUMBER OF METERS: 2-STORY HOUSE OWNER: DO TR, SHIRLEY UTD 8/11/82 49564 NAUTICAL DR CHES:I'ERFIELD MI64CO 480472334 ~EGAL DESCRIPTION CONNER'S VANDERBILT BCE EST UNIT 3 ELK U LOT 12 Note: A Dew certificate is required if the US"l of the building or premises is changed, or if alterations are made to the building or property described. A r.ew certificate voids any certificate of prior date. lier County Board of County Commissioners ~~-Plus for Windows 95/NT Printed on: 09/1SJ200~ 1;25:~9PM Page 1 of 1 OU/15/2005 12:35 FAX \ t ~UV"/VVI I1J003 :DPR2025 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION '.: ~ J [~ii This Certificate is issued per8uant to the requirme:nts of the Standard Building Code certifying that at the ti.me of issuance this structure! was in compliance with the vaxtous ordinances of the county regulating building construction or use. For the following: PERMIT NBR: 2001010864 CO NBR: 294927 STATUS: ISSUED -;. CO TYPE: COMP ----- c- - ISSUED DATE: September 15, 2005 ADDRESS: 316 FLAMINGO AVE SUBDIVI SION: 332 Conners Vand Bch Est 3 LOT: 12 BLOCK: u T.R.S. : JOB UTILITY COMPANY: SLue ELECTRIC FROM 2000110840 NUMBER OF METERS ~ OWNER: DOWDY, MARK A=&: SHIRLEY A 49564 NAUTICAL DR NEW BALTIMORE MI64CO 480470000 LEGAL DESCRIPTION CONNER'S VANDERBILT BCH EST UNIT 3 BLK U LOT 12 Note: A new certificate is required if the USI~ of the building or premises is changed, or if alterations are made to the building or property described, A Hew certificate voids any certLficate of prior date. Collier County Board of County Commissioners CD-Plus for Windows 95/NT I 'Printed on: 09/1SI200~ 1:25; l:,PM Page 1 of 1 OfJ/15/2005 -i2: 35' FAx .."au....~}1 \ j , IgJ004/00 l ~004 :DPR2025 COLLIER COUNTY BOARD OF COUNTY COM.WISSIONERS CERTIFICATE OF COMPLETION ;:c'm,liJ 5~ <? I~ ': l F This Certificate is iElsued persuant to the requinue.nts of the Standard Building Code certifying that at the time of issuance this structurE' was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: 2001080082 CO NBR: 294926 STATUS: ISSUED or- - -...J ISSUED DATE: September 15. 2005 CO TYPE: COMP ADDRESS: 316 FLAMINGO AVE SUBDIVISIOlll ; 332 Conners Vand Bch Est 3 ~ 12 :aLOCK: u T.R.S. : SLue CODE: 0 UTILITY COMPANY: JOB DES~OSURE-6~ OWNER: DOWDY. MARK A=&. SHIRLEY A 49564 NAUTICAL DR NUMBER OF METERS: NEW BALTIMORE MI64CO 480470000 LEGAL DESCRIPTION CONNER'S VANDERBILT BCH EST UNIT 3 BLK U LOT 12 Note: A new certificate is required if the use!, of the building or premises is changed. or if alterations are made to the buil,;1ing or property described. A new certificate voids any certificate of prior date. ~~llier County Board of County Commissioners CD-Plus for Windows 95/NT Printed on: 09/15/200~ 1:22:1iPM Page 1 of 1 ;: C f CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 05-16, enacted March 23,2005. (Supplement No. 18) Sec. 250-56. Same--Powers and duties. (a) Boards of zoning appeals, or the governing body acting as a board of zoning appeals in the event it so elects, shall have the following powers and duties. (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this division. (2) To authorize, upon appeal from a decision of the administrative official, such variance from the terms of the zoning ordinance as will not be contrary to the public interest where, owing to conditions peculiar to the property, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. Variances from the ordinance shall be authorized only for height, area and size of structure, or size of yards and open spaces; boards of zoning appeals shall not be authorized or empowered to issue variances to permit the establishment or expansion of a use in a zone or district in which such use is not permitted by the zoning ordinance. No variance shall be granted where the special conditions or circumstances peculiar to the property are the result ofthe action of the applicant for a variance, which action occurred subsequent to the adoption of the regulation which makes the variance necessary. No variance shall be granted because of the presence of non conformities in the zone or district or adjoining zones or districts. (b) Boards of zoning appeals shall not authorize a variance until it shall be found that the authorization of such variance will result in substantial compliance with the intent and purpose of this act and the zoning ordinance, that the property cannot be put to a reasonable use which complies fully with the requirements of the zoning ordinance, that the variance is the minimum which will make possible the reasonable use of the land, building or structure, and that no substantial detriment to the public health, safety, order, comfort, convenience, appearance or general welfare will result from such authorization. (c) Boards of zoning appeals may make the authorization ofa variance conditional upon such alternate and additional restrictions, stipulations, and safeguards as it may deem necessary to insure compliance with the intent and purpose ofthe zoning ordinance. Violation of such conditions when made a part of the terms under which the variance is granted shall be deemed a violation of the zoning ordinance. (d) No variance shall be authorized by a board of zoning appeals or the governing body acting as a board of zoning appeals except after public hearing with due public notice. (Laws of Fla. ch. 67-1246, 9 14) ...- METROPOLITAN DADE CO. BD. OF CO. C. v. ROCKMATT CORP. Fla. 41 Cite as, Fla., 231 80.2<1 41 Dade County and raped her. She identi- find nothing improper about the identifica- fied Bunk to the police, within a short time tion procedure employed under these facts after the alleged rape, by the polaroid pic- and circumstances. ture which was in her possession. No oth- er person was identified and no discrepan- The final judgment of conviction is cy about the identification appears in the Affirmed. record. Bunk does not deny any of these facts except to say that he took the victim home after the party and did not rape her. There appears to be no question that she was, in fact, raped. The victim was not cross-ex- amined by the defendant concerning her positive in-court identification. In Simmons, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247, supra, it was said: * * * * * * ...... "* * * Despite the hazards of ini- tial identi fication by photograph, this procedure has been used widely and ef- fectively in criminal law enforcement, from the standpoint both of apprehend- ing offenders and of sparing innocent sllspects the ignominy of arrest by al- lowing eye witnesses to exonerate them through scrutiny of photographs. The danger that use of the technique may result in convictions based on misidenti- fication may be substantially lessened by a course of cross-examination at trial which exposes to the jury the method's potential for error. We are unwilling to prohibit its employment, either in the ex- ercise of our supervisory power or, still less, as a matter of constitutional re- quirement. Instead, we hold that each case must be considered on its own facts, and that convictions based on eyewitness identi fication at trial following a pretrial identification by photograph will be set aside on that ground only if the photo- graphic identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of ir- reparable misidentification. * * *" * * * * * * The totality of circumstances left no doubt to the jury or judge here that the identification of Bunk was correct and we 231 So.2d-31J. 'U "u T .. METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS, etc., et al., Appellants, v. ROCI<MATT CORPORATION, a Florida corporation, Appellee. No. 69-375. District Conrt of Appeal of Florida, Third District. Feb. 3, 1970. Application for special exception and special permit, in nature of zoning vari- ance, to allow prohibited enlargement of existing building, in which applicant op- erated liquor bar as nonconforming use, and to operate nightclub in area zoned for oth- er uses. The Zoning Appeals Board de- nied application and applicant appealed. The county commission denied application and applicant appealed. The Circuit Conrt for Dade COllnty, James W. Kehoe, }., en- tered judgment from which defendants ap- pealed. The District Court of Appeal, Charles Carroll, J., held that denial of ap- plication by predecessor in interest of nightclub operator for special permits to operate nightclub in area zoned for other uses was res judicata of owner's subse- quent application. Reversed and remanded. I. Administrative Law and Procedure e=>501 Zoning <S:::>362 Doctrine of res judicata is applicable to rulings or decisions of administrative .7 P '--'or-'--".. ........--..... .-....-.- 42 Fla. 231 SOUTHERN REPORTER, 2d SERIES bodies and to rulings of such bodies deal- ing with zoning regulations unless it can be shown that since earlier ruling thereon there has been a substantial change of cir- cumstances relating to subject matter of ruling, sufficient to prompt different or contrary determination. 2. Zoning €=>546 Denial of application by predecessor in interest of nightclub operator for special permits, in nature of zoning variance, to operate nightclub in area zoned for other uses was res judicata of owner's subse- quent application. 3. Zoning €=>607 Validity of county ordinance govern- ing distance requirement between night- clubs and churches and schools was not properly placed in controversy on appeal from denial of special exception and spe- cial permit where trial court recognized that even if distance provision were in- valid, invalidity would not entitle appli- cant to nightclub license because of denial of special exceptions and permits. 4. Constitutional Law e=>46(1) Generally, challenge to validity of leg- islative enactment will not be entertained in cause in which it is not necessary or ma- terial to determination of case. 5. Zoning €=>14 Provision of county zoning ordinance, enacted under home rule powers, that 2,- 500-foot distance limitation between night- clubs and schools and churches was to be measured by a straight line was not invalid I. The special exceptions were applied for as follows: "Special exceptions to per- mit extension and expansion of a non- conforming alcoholic beverage use, to-wit: to permit extension of a liquor/beer/wine bar to a night club and to permit expan- sion of the existing building for enlarge- ment of space for such use, and "Unusual use to permit tbe aforemen- tioned night club in a BU-2 zone as would be permitted in a BU-3 zone; * * * ,. as in conflict with statute that distance is to be measured by ordinary pedestrian travel. F.S.A.Const.1885, art. 8, ~~ 11, 11 (5). . Thomas C. Britton, County Atty., and St. Julien P. Rosemond, Asst. County Atty., for appellants. Goodman & Holtzman, Thomas A. Tes- ta, Richard Kanner, Miami, for appellee. Before PEARSON, C. J.. and CHARLES CARROLL and SWANN, JJ. CHARLES CARROLL, Judge. The appellee Rockmatt Corp. sought a license from Dade County to operate a night club at a designated location in the county outside the limits of a municipal- ity. In order for its premises to meet the requirements for a night club Rock- matt needed to obtain a special excep- tion to allow a prohibited enlargement of an existing building in which it oper- ated a liquor bar as a nonconforming use, and also a special permit, in the nature of a variance, to operate a night club in an area in which the zoning appli- cable thereto did not authorize night c1ubs.1 The Dade County Zoning Appeals Board, after a noticed hearing, denied the applica- tion for the exceptions, and Rockmatt ap- pealed to the County Commission. The latter, after further hearing, upheld the ruling of the Zoning Appeals Board and denied the application, by resolution Z-34- 68, dated February 29, 1968.2 2. The ruling of the Zoning Board which was upheld by the Commission was placed on the ground that the requested special exception and unusual use per- mit would not be compatible with the area and its development and would not conform to the requirements and intent of the Zoning Procedure Ordinance. The Commission's resolution upholding the ruling of the Zoning Board made no ref- erence to the location being less than the required distance from a church. .." .9" METROPOLITAN DADE CO. BD. OF CO. C. v. ROCKMATT CORP. Cite as. Fla.. 231 So.2d 41 Fla. 43 -I Rockmatt instituted a proceeding in the circuit court on March 22, 1968, seeking re- versal of the County Commission's resolu- tion. Twice motions of the defendants to dismiss were granted with leave to amend. The second amended complaint in the cir- cuit court did not challenge the discretion- ary rulings of the zoning board and the commission which had rejected Rockmatt's applications for special exceptions, but pre- sented the contention that its application for the njght club license had been denied by the County Commissioners on the ground that its business establishment was within 2,500 feet of a church by straight line meas- urement as provided for in the county's regulatory ordinance and that such restric- tion was invalid in that it was in conflict with the state statute (~ 561.44(2) Fla.Stat., F.S.A.), which, in providing that such Ii. censes should not be granted where the business establishment was within 2,500 feet of a church or school, specified that the distance should be measured by the route of ordinary pedestrian travel along public thoroughfares from the entrance of the place of business to the main entrance to the church or in the case of a school the nearest point of the school grounds.3 j J The defendants filed an answer incor- porating a motion to dismiss. They denied the allegation that the Commission had re- jected Rockmatt's application on the ground that its establishment was within 2,500 feet of a church when measured in a manner provided for in the county's ordinance, and averred that the action of the Commission was denial of the special permits which the plaintiff had requested. See footnote 2. The defendants averred their regula- tion of such businesses was under subsec- tion 12 of section 1.02(A) of the Dade County Home Rule Charter, conferring au- thority to "Establish, co-ordinate, and en- force zoning and such regulations as are necessary for the protection of the public," 3. At finnl hearing it was stipulated that the plaintiff's establishment was less than 2,500 feet from a church on th" basis of direct measurement as provided for in and subsection 16 of that section of the charter, empowering Dade County to "Es- tablish and enforce regulations for the sale of alcoholic beverages in the unincorporated areas." The answer then called attention to the county's ordiniince (~ 33-150(B) of the Dade County Code), which prohibits such establishments within 2,500 feet of a church or public school, and provides for measure- ment of the distance "by following a straight line from the front door of the proposed place of business to the nearest point of the church structure," and in the case of a school to the nearest point of the school grounds. On March 6, 1969, after final hearing, the trial court entered the judgment from which the defendants took this appeal. Therein it was ordered and adjudged as follows: "1. That Article X, Section 33-150 (B) (1) and (2) of the Code of Metro- politan Dade County, Florida, be and the same is hereby declared invalid, as the same is in direct contravention of Sec- tion 561.44(2), Florida Statutes, F.S.A., in so far as the statute provides for dis- tance between churches, schools, and liq- uor establishments to be mea~ured by ordinary pedestrian travel, whereas the Metropolitan Code provides for the meas- urement by following a straight line. "2. That this Order is not to be con- strued as an order commanding the Dade County Board of County Commissioners to grant an unusual use for a night club since the denial of such use was not in issue." As shown by the judgment, the trial court noted that its ruling invalidating the ordi- nance, because it enlarges slightly on the minimum distance which the state law re- quires must exist between such an estab- the county's ordinance, but was more than 2.500 feet therefrom when measured by the method provided for in the state statute. 7A J ._~~- 44 Fla. 231 SOUTHERN REPORTER, 2d SERIES 7 i,l e ~.~ lishment and a church or school, was not to be construed to entitle the plaintiff Rockmatt to a night club license at its said location, in view of the denial by the Coun- ty Commission of Rockmatt's request for the needed special permits, and the judg- ment did not reverse or disturb the ruling of the Commission relating to the special permits" [1,2] The appellants argue that the de- nial by the Board of County Commis- sioners of the application for special per- mits was proper, not only on the merits of the application, but because the matter was res judicata. It was stipulated at the hearing in the trial court that the pIa inti ff had made a similar application to the coun- ty for a special exception a year earlier and that the prior application had been de- nied.1S The appellants' argument relating to res judicata has merit. The doctrine is ap- plicable to rulings or decisions of admin- istrative bodies (Rubin v. Sanford, Fla. App.1964, 168 So.2d 774), and to rulings of such bodies dealing with zoning regu- lations unless it can be shown that since the earlier ruling thereon there has been a substantial change of circumstances re- lating to the subject matter with which the ruling was concerned, sufficient to prompt a different or contrary determina- tion, and no such showing was made or attempted in this instance. See City of Miami Beach v. Prevatt, F1a.1957, 97 So. 2d 473; Marks v. Zoning Board of Re- view of the City of Providence, 98 R.I. 4. The amended complaint by which the plaintiff sought review in the circuit court of the Coullty CUlIllni!l!lion's denial of its application for special permits made no showing upon which to base a contention that in such ruling the Coun- ty Commissioners had abused discretion, but the plaintiff's attack consisted of contending that the 2,500 foot distance requirement as measured by the state statute, which it coulll meet, should be held to prevail over the alleged conflict- ing greater distance limitation of the county ordinance based on its different method for measurement thereof. 405,203 A.2d 761; Gilman v. Zoning Board of the Town of West Warwick, R.I.1968, 240 A.2d 159. Therefore, in this proceeding which was an attempt to review the ruling of the county commissioners in denial of the requests for special exception and special permit for operation of a night club at the location in question, judgment should have been entered for the defendant county of- ficials because the matter was res judicata (with no showing of changed conditions to render application of the doctrine in- effective in this instance), and because no showing was made upon which to base a contention that the County Commission's ruling, denying Rockmatt's requests for a special exception and a special permit, was incorrect, arbitrary or an abuse of discre- tion. [3, 4] The matter of the validity of the county's ordinance with relation to distance requirement it provided for be- tween such establishments and churches or schools, was not properly placed in controversy, since the trial court in its judgment recognized that even if the dis- tance provision as contained in the coun- ty's ordinance was invalid, that circum- stance would not entitle Rockmatt to a night club license for such location because of the need for special exceptions and per- mits which had been denied to it. A rule generally applied is that a challenge of the validity of a legislative enactment will not be entertained in a cause in which it IS not necessary or material to a determi- 5. Although the stipulation was that the prior application was made by the plain- tiff (Rockmatt), it was brought out ill the briefs and in argument that it was made by plaintiff's predecessor in inter- est. However, a successor in interest to a party bound by the doctrine of res judicata is equally bound thereby as being in privity with the latter. See 19 Fla. Jur., Judgments and Decrees, Ii 154, citing numerous cases thereon in note 14. .~" .'i" METR.OPOLITAN DADE CO. BD. OF CO. C. v. ROCKMATT CORP. Fla. 45 Cite as, Fla., 231 So.2d 41 nation of the case. However, inasmuch The constitutional provision just refer- as the trial court considered the plain- red to does not require that an ordinance tiff's challenge of the validity of the coun- enacted under the Dade County Home ty ordinance in question, and declared it Rule Charter which deals wit~l a subject invalid in part, and as the matter has been also covered by "general law~ affecting presented here on briefs and in argument, Dade County and one or more other coun- we review that ruling on this appeal. ties" must track the language of the latter, or that it may not contain other or differ, ent provisions than those embodied in the state statute. The prohibition is against being in conflict with the state law. -, The provision of the beverage law which authorizes the Board of County Commis- sioners of any county, by resolution, to "establish zones or areas," in the territory lying without the limits of incorporated cities or towns, wherein the location of a (liquor) vendor's place of business li- censed under the Act may be permitted to be operated, is applicable and available for use by the counties of the state in- cluding Dade County, but in addition there- to the Board of County Commissioners of Dade County is entitled to exercise simi- lar powers pursuant to its Home Rule Charter adopted to implement the provi- sions of Art. VIII, Section 11, Fla.Const., F.S.A. Cf. State ex reI. Eichenbaum v. Cochran, Fla.1959, 114 So.2d 797, 799. [5] The question dealt with by the trial court was whether the Metropolitan Dade County Ordinance, enacted under its Home Rule powers, is in conflict with the state law so as to render it invalid because the straight line measurement provided for in the county's ordinance in most instances operates to enlarge or lengthen the dis- tance between such establishments and churches and schools within which such licenses are prohibited, over the distance limitation fixed by the state statute, when measured as the latter provides. The Home Rule Constitutional Amend- ment, in subsection (5) of section 11 of Article VIII of the Florida Constitution, provides that no ordinance enacted in pur- suance to the Dade County Home Rule Charter shall conflict with the Constitu- tion or applicable General Laws affecting Dade County and one or more other coun- ties, except as may be expressly author- ized therein. Fla.Cases 229-231 So.2d-38 >'>--->-r- In our opinion the trial court was in error in holding that the method specified by the county's regulatory ordinance, which operates to incr~ase slightly the distance from churches or>schoo1s which the state requires must exist, constituted a conflict with the state law so as to render the ordi- nance invalid. This is so because the pro- vision in the regulatory statute prohibiting the issuance of such a license within a dis- tance of 2,500 feet from a church or a school (measured by the pedestrian- through fare route) represents a pronounce- ment of legislative policy against authoriz- ing such liquor dispensing establishments to be nearer to churches or schools than the distance fixed in the statute. That provision of the statute, as ap- pellant contends, is a minimum distance- apart standard which the Dade County Home Rule Ordinance could not, and does not violate. Therefore, having authority to regulate or determine the areas of the county (outside of incorporated cities and towns) in which liquor dispensing estab- lishments can be licensed, the county can fix the distance or area between such es- tablishments and churches and schools which it will require to exist as a condi- tion of licensing them, and so long as the county's ordinance does not permit them to be closer to churches or schools than the minimum distance fixed by the statute, the ordinance will not be in conflict with the state statute, but will be consistent with the purpose and object of the statute in that regard, and with the policy which the latter serves. In this instance the county ordinance provides for a greater, ,." ,,> ( 14 "-r-----'.--"---'.'-" 46 Fla. 231 SOUTHERN REPORTER, 2d SERIES rather than a lesser distance, than is called for by the statute. Even so, the county's ordinance does not appear unreasonable in that respect inasmuch as the longer dis- tance restriction which the ordinance speci- fies is no greater than the basic distance limitation of 2,500 feet which is named in the statute. Stated differently, the statute provides a distance limitation with reference to churches and schools within which such licenses may not be issued. The county's ordinance does not violate that statutory distance limitation, but by providing a method of measurement which may have the effect of increasing the distance be- tween such establishments and churches or schools, the county's ordinance is in com- pliance with the minimum distance re- quirement as provided by state law, and affords even greater protection to the public intended to be served by the dis- ta~ce-apart provision of the state law. Having authority to determine the areas of the county (outside of the limits of in- corporated cities or towns), in which such establishments may be licensed for opera- tion, it follows that Dade County could exclude them from certain areas, and in the areas where permitted may determine, within reason, an appropriate distance to be observed between such establishments and churches and schools, provided the county's ordinance does not conflict with the state statute by authorizing the li- censing of such establishments closer to churches and schools than the distance which the state statute provides they must be apart. For the reasons stated, the judgment declaring invalid the county's ordinance which was challenged in this case is re- versed, and the cause is remanded to the circuit court with direction to dismiss the complaint. Reversed and remanded. In re ESTATE of Partenouhl MEGHRIAN, Deceased. No. 69-583. District Court of Appeal of Florida. Third District. Feb. 10, 1970. Appeal from County Judges' Court, Dade County; George T. Clark, Judge. Frank Murray, Miami, for appellant. Edward P. Swan, and Charnelle H. Sum- mers, Miami, for executrix. Before PEARSON, C. J., and BARK- DULL and HENDRY, JJ. PER CURIAM. Affirmed on the authority of Smith v. Callison, 152 Fla. 516, 12 So.2d 381; In Re Graham Estate, 156 Fla. 421, 23 So.2d 485; In Re Gleason's Estate, Fla. 1954, 74 So.2d 360; Rule 5.090, Florida Rules of Probate and Guardianship Procedure. Richard Lamar MULLIS, a minor, by his father and next friend, Shelby Mullis, and Shelby Mullis, Individually, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a cor- poration, Appellee. No. L-331. District Court of Appeal of Florida. First District. Feb. 5, 1970. Appeal from Circuit Court, Duval Coun- ty; Charles A. Luckie, Judge. Sistrunk & Power, Jacksonville, for ap- pellants. r.::;-! 1'(; " r- ", AGENDA ITEM 8-A 1 Co~T County - ~~ - ST AFF REPORT .~ 1>7 n, c COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MAY 20, 2004 SUBJECT: PETITION V A-200I-AR-1706 (DOWDY VARIANCE) PROPERTY OWNER! AGENT: OWNER: Mark & Shirley Dowdy 49564 Nautical Drive New Baltimore, MI 48047-2334 AGENT: Tim Hancock, AICP Talon Management, Inc. 3898 Tamiami Trail North, Suite 202 Naples, FL 34103 REQUESTED ACTION: The applicant requests an after-the-fact variance of 14 feet in the Residential Single-Family (RSF-3) zoning district from the minimum required 20-foot rear yard setback for accessory structures, to 6 feet, to allow a pool and screen enclosure to remain; and an after-the-fact variance of 4 feet from the minimum required 25-foot rear yard setback for principal structures, to 21 feet, to allow a portion of a newly constructed house to remain. GEOGRAPHIC LOCATION: The subject parcel is located at 316 Flamingo Avenue, further described as Unit 3, Block U, Lot 12 of Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East, Collier County, Florida. VA-2001-AR-1706 May 20.2004] Page 1 of 10 J J 7n l I No. The Land Development Code provides for specific required yards, therefore this variance will not be in harmony with the LOC. Normally, Staff would not consider a rear yard encroachment adjacent to a canal as being injurious to the neighborhood. However, in this case, the LOC requires a greater setback so that the additional height above the seawall does not block neighbors' views. In this particular case, both immediately adjacent properties have hedges that disrupt the same view of the canal that the encroachment does. Additionally, comments were received from a neighbor stating that the encroachment would be injurious to the neighbors across the canal and to the boating public (as well as not conforming to the Code which, in general, is injurious). Are there natural conditions or physically Induced conditions that ameBonte the goals and objectives of thereguladon luch as natura' preserves, lakel, gol' coorses, etc. "1 Yes. The encroachment is into the rear yard, adjacent to a canal. The encroachment is ameliorated by tall hedges on the adjacent east and west property lines, which disrupt the same view of the canal that the encroachment does In staff's opinion, the canal is an ameliorating factor for the residents on the opposite side of the canal and adequately addresses compatibility. Will granting the variance be cooslstent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. STAFF RECOMMENDATION: Traditionally, if a variance is not approved, the encroaching structure or portion of the structure must be removed. In this case, the petitioner has the ability to apply for an Administrative Variance to remedy the encroachment of the principal structure. Staff originally analyzed this petition in 2002. Since that time. a change was made to the variance criteria, which allowed consideration of ''practical difficulties". An amendment to the LOC was also approved which permitted encroachments of up to 25 percent of the required yard to be approved if the encroachment is not due to error or action on the part of the applicant. rr;the case of the pool and screen enclosure, the petitioner may increase the height of the seawall so that the pool deck is less than 4 feet higher than the seawall. That would result in a required VA.2001-AR-1706 May 20. 20041 Page 8 of 10 "---, I>" // ~ ~. , \~ rear yard of ten feet, instead of 20 feet. Thc petitioncr's rendering indicates that the pool itsclf is ten feet from the seawall, therefore only the screen enclosure would encroach.0 The screen enclosure could thcn be moved or a variance for the 4-foot cncroachment could be soqht. However, the petitioner believes that increasing the height of the seawall (creating a view of a blank wall) would be more injurious to the neighborhood than the granting of the variance for the I ~ject encroachment. Although the building permit was submitted by the Builder with incorrect setbacks, it was approved by the Building Review and Permitting Department with incorrect setbacks. The encroachments are not directly adjacent to another residence, but bordcr a canal. In addition, it appears that the petitioner will encounter practical difficulties if the variance is not granted. Therefore, Staff recommends that the Collier County Planning Commission forward a recommendation of approval of Petition VA-200I-AR-1706 to the Board of Zoning Appeals, subject to the following condition: I. The variance is limited to the rear yard encroachments depicted on Exhibit A. Any other encroachment requires a separate variance. i j J VA-2001-AR-1708 May 20. 2004) Page 9 of 10 '7 A . PREPARED BY: ~/? . ~~4~ $"-5.0'1 FR OIL. AICP. f'RINCIPAL PLANNER DATE o RPARTMENTOF ZON"NO AND LAND DEVELOPMENT REVlEW REVIEWED BY: , , S..S--OL_____. S.^aGF~ DATE ENT OF ZON NO AND LAND DEVELOPMENT REVIEW ~--Vl ~).l.J JI f1 fff- .r- J~ oi i(SAN MlIRRAY. AICP, DlRBCTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPM(<:NT REVIEW APPROVED BY: ~~ . ~ ~ ~ . - ~~ - ~ S K. 'm, A) INfSTRATOR DA: ' Ie? MUNITY DEVELOI'MENT AND ENVIRONMENTAL SERVICES DIVISION 'cOLLIER COUNTY PL-\NNING COMMISSION: _.A1~( f ~tC-J ~:Q5!i[ ~ .\. BWD. c;:K,UDU 4,N !v11JA.t/'jw;"" lieU. ...C4),..- . !r 70 .. 0"1 DATE Tentatively llCheduled for he June 22.2004 Boerd ofZon.ing Appeals Meeting . VA-2CI01..A1M701 ..., 20. 20041 PlIgI 10 at 10 J J VA-2001.AR.1706 May20.2004J Page 100f 10 H_'_"'-_ 9ry. < r.'~ June 22,2004 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 22, 2004 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: . Donna Fiala Frank Halas Tom Henning Fred W. Coyle Jim Coletta (via speakerphone) ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Michael Pettit, Assistant County Attorney Jim Mitchell, Office of the Clerk of Court Page 1 ~-7'I l June 22, 2004 feet into the rear yard setback because, again, it had been submitted and approved as being measured from the property line and not the seawall. In November I submitted a variance application to address the setback issue for the pool. Subsequently, we were notified by county staff of setback violations of both the house -- again, it was measured off of the rear property line also, and it was 25 feet from that point. So the house extended 3.6 feet into the required setback also, just as the pool did. In addition, the pool deck was noted at being more than four feet in height. Now, the pool deck is built at the finished floor elevation. And unlike a lot of homes in Vanderbilt Beach, the Dowdys did note raise the finished floor above what was absolutely required in order to get living space underneath or garages or anything. They build it at the FEMA floor elevation, and the pool deck extended straight out from that. So we don't have a situation of someone trying to take advantage of, you know, room under the house by elevating the pool deck. They just logically extended the pool deck, and the result was an elevation of six feet above the seawall. So that's what takes a normal 10- foot setback and increases it to 20. That's why we're dealing with, in essence, a 13.6 or 14-foot variance here instead of the 3.6 variance, is because of the height of the pool deck. Well, at that point, there also was another violation, as if the dream turns into a nightmare and the nightmare gets worse. The steps on each side, because of the height of the pool deck, encroach too far into the side yards. Each one less than a foot. That's easily correctable. We're not requesting a variance on that. The stairs will be revised and corrected once we get this matter all resolved. So the stairs are not an issue. There is a way to fix the height of the pool deck issue, and it's Page 90 .....- ':0.. ,e.. F' f ~ June 22, 2004 been used in Vanderbilt Beach time and time again. We don't like it as a solution, but it is available. And that solution is to raise the seawall cap. We have photos of homes throughout Vanderbilt Beach that have done just that. When they go in to repair the seawall, they raise the cap. In this case, you could raise it two feet, backfill behind it. Now you're four feet above that seawall cap and you're done. So that height issue can be made to go away. In our opinion, the cure is worse than the disease, but if that's the only means available to us to address that issue, then that will be the course we'll have to take. So really we're down to two issues. The first is the measurement of the home and pool from the property line, which extends 3.6 feet into the water from the seawall, and, again, the height of the pool deck. I met with county staff and identified numerous violations throughout Vanderbilt Beach that pointed to the fact that while the code had been amended in 1994 and 1996 relative to waterfront setbacks, many design professionals and county staff alike continued to design and permit construction measured from the property line, not the seawall. Again, the Dowdys are not an isolated case. Mr. Schmitt agreed to undertake a survey of the area while ultimately narrowing the list of violations down to five or six from the original list of more than 70 . We were asked at that time to proceed individually with our request for a variance since the number of violations appeared to be -- and I'll use Mr. Schmitt's word-- manageable. After viewing a large number of properties, I knew the list of potential violations was far more than five or six. It has never been my intent nor that of the Dowdys to drag anyone else necessarily into this process, but it appeared at that point that the Dowdys were, in form, being unfairly singled out because they just happened to get caught, whereas ones that occurred before them, there appeared to be Page 91 -, Setbacks per Section 2.6.2 of the LDC (drawings not to scale) Waterfront rear yard setback for swimming pool and screen enclosure: 10 feet. Screen Enclosur~ PoolDeck~ seawau\ ""-- ! 3 ft ( ) 10 ft Required, if pool deck Is less than 4 ft above seawall Waterfront rear yard setback for swimming pool and screen enclosure, where the swimming pool deck exceeds 4 feet in height above the top of the seawall: 20 feet Screen Enclosur~ PoolDeck~ Seawall ""-- \ 14ft ( ) 20 ft Required, if deck is 4 ft or more above seawall 7A .. . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT 'BlUlU' " ISSUBD: lIASTBR II; 20050227'2 02-28-05 2005022792 COA t; PERMIT TYPE: SEWL APPLIED DATE I 02-25-05 VALID " 792 APPROVAL DA'1'i.: 02-28-05 10B AIJDUSS: 316 FI.AMINGO AVa 10B DESCRIPTION: SEAWALL REPAIR JOB PHONZ: (239) 643-4600 SUBDIVISION .: 332 - Conners Vand Bch Est 3 ~ U rLOOD HAP: 0189 ~ AB-l1 ELEVATION: ~IO I: 0000027636440004 SECTION-TOWNSHIP-RANGE 29 48 2S ~12 JWNER INFORMATION: >OWDY. MARK A=& SHIRLEY A A.9564 NAUTICAL DR CON'1'i\ACTOR INFORMATION: CONSTRUCTION UNLIMITED ASSOCIATES INC. 3810 EXCHANGE AVENUl! ~w BALTIHORB, HI64CO 480470000 ~PLES,FL 3.104- CB:RTIFICATB .: 26924 ~ (239)430-2224 ,ec CODE: 329 - STRUCT OTH THAN BLDG-POOL/SEAWALL/DOCK/F :oBS'l'Rtro'l'ION COIlE: 10 I OTHER 10B VALUE: 5,800.00 TOTAL SOFT: SlB'l'BAClCS PRON'1': ~ ~8MBR: SBPTIC ~ rtl'ACT H1lME: JIM _~ACT PHON!: (239)643-4600 !!!lI!. WATER: ~ ~ Per CoUicrCounty QdiDlllCC No. 2002-01, as it may be amended, aD v.ut must cOIq)Jywith aU applicable Jaws. codes, ordinances, and anyldditiooaJ stipulations orconditims oCelli. permit. Thispcrmit cxpircsifworlc IIJtJlI:lI'tl,ed bythepcrmit unotcmmrnced within six (6)mootbsftomthc date or ismmce oftbe ponnit. Additiooal fees fur failina to obtain permits pi<X' to f1e ccmmcnccmcnt of construdion may be ~d. FenniUec(S) further undentlDls that Illy contractor that may be employed m~ be a licensed cootractor and that the 6tructure mllS not be used or occupied until a Catificafc of Occupancy is issued. ~onCE: PRIOR TO 1'IIE REMOVAL OF ASBESTOS PRODUCTS OR TIlE DEMOLITION OF A Sl'RUC'I'URE, J'EDERAL 'ND STATE LAWS.REQUlRE TIlE PlRMInl!Z (EITHm THE OWNER OR CONTRACI'OR) TO SVBMIT A NOnCE or I'HE INTENDED WORK TO TIlE STATE DEPARTMENT OF ENVIRONMENTAL PROTEcrION (DEP). FOR MORE INFORMATION, CONTAcr DE' AT (23') 33206975. fa addItion to tbeeolldllOIB of this pennlt, tbere may be Iddition.' ratrictlom appUcab'e to tbis property tbat may be fouad In !he pubBerecord. .ttllls eounty, Ind there may be adeBfl..1 perml" required from other governmental entitles sucb IS water 1D..gemeDt dlltdcts, .tate apndes, or Wenl .endes. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING 1WICE FOR IMPROVEMENTS TO YOUR PROPERlY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2020 SHORE ENGINEERS. INC. 1250 Tamlaml TranN. Suite 302 NAPLES FLORIDA 34102 (239) 643-6633 FAX (239) 643.6709 JOe--:1'owDT SHEET NO. I CAlCULATED BY '" . t!J CHECl<ED 8V ,:C:j. {' . fLIES tb~.." OF \ , DATE f../l11 6 ~ . DAll SCAlE ( hf!.A. WA.LL \. "",,,f'lA-.' .... , . 7." "0 ~&. PEcsa.; J t- ~--L-{ rll~- ....-- :t g--'-'-' . , . - . 'VI ell ~. ~.41.,.0 It . I ... 4@1~' . 1 -\ I ~ 4. T~ t!:> n , "4- ~ \'Z- ~. F- L'~"i"'4C. ~ ..... prtL.1... ~ t!.fPc',c'f. p.,\ 'i 0 -:>~A. w ~ L L...- .1 1_ ~ IS- t-1 ova. ~\"S>..,,~c.:, ~ P E .K..\ 0;,.1 \.l", . 77~ DA~Jtt.~ ~ ., , ! } , .:. -t. . -.." - .......'0 ~ ~ .,. ..",. ~: .. .., '~~:... ~';., . .. .. .- <t--o' "f .'~~' 1;~., <'~4~~~ / -: ~~.:'?:: ~;..:' ".>--- I ~ pX"$PNC, s~ t.tIAJ.,~ AVA-2005-AR.7821 PROJECT #2004120025 DATE: 6/13/05 SUSAN MURRAY .~ -........., " . ~11.. U'" ,'" _ flIIII r ..... Ii J J 1 1 1 L i I 1,__. 1_- - 11m - .. c::I ~~ Ct~ en ....J ":: >- ..Co to; (., I.J r"" (.: ORDIN~NCE NO. 8S--L-- AN ORDINANCI RELATING TO THE CONSTRUCTION, RECOK- ITRUC~, REPAIR, ALTERATION, PROJECTION AND PROLO*ATIOK or IU.NALL. AND JUNETMENTS IN THB UNEkcdl'ORATID AREAl or COLLIER COUNTY, PROVIDING DZ-=_rfION'r PROVIDING THAT A rAIL~D SEAWALL OR ~1N'f II UNLAWFUL AND A PUBLIC NUIIANCE, PRaYXDINO rOl ENrORCEMENT JURISDICTION IY AMEND- ING ',SCTION THUI, .U.IICTION 2 or ORDINANCE NO. U=4~~:TO nOVIDI 'filM' TilE CODS nrORCEMINT BOA~D o~COLLIIR COUNTY SHALL H~VI JURISDICTION TO HBAR AND DICIDI ALLEGED VIOLATIONS or ~I' OPDINANCI, PROVIQJNG rOR OTIIIR BNrDRCIMDrr RIMED lIS AND PINAL- 1'1U, PROVJDIIIG TECHNICP-L SPECIFICATIONS I'OR aBA- WALLI AND REVETMENT', PROVIDING rOR CONFLICT AND SEVERABILITY, PROVIDING AN EFFECTIVE DATE. ~ . ; . -j . -~ , WHEREAS, there era many are.. in the County which are , adjacent to natural or man-mad. bodi.. of w.ter, and WHER!AS, many of the.e ftre.. adjacent to bodlc. of water ar. bord.rod by ..awalla and revetmant., and WHEREAS, propor ly del19nCld .nd con.tructed ..awall. and r.vetment. ..ryo to protl\ct. "at.arfront. upland property and improvem.nt. loc.tod thereon aqalnet "ave .ttack .nd ..ry. to .t.bill10 t.h. po.ition nf tho Ihorol1nol and ,. '"" WMF.MEAS, ~.Awall. and rov~tm"nt. hAve a t.endancy to faii And fall into bodle. ot ..../ltIH tH'C,lUIO of tht' p.....C)o:' of tl~a, .trong.- wind., heavy raln., aro.lon, corro.lon, and hlqh and tow tide. amon9 othor r.a.onD, and WlIERZAS, Il!>awaU. and roy"tment.. which have fa Hod . " ..,., or coll.p.od aro a hazard to navlqatlon 1n navlqAule ~odi~D of water and a hazard to dralnaq. and flood control in non-navlqabl. bodl.. ot waterl And WHEREAS, A faUed ..awall or revetment with accollpanylnq 10.. of fill, unle.. promptly replaced or repaired, may ca~.e contlnulnq 10.. of .011 on adjoinin9 propertie. which can ..rlou.ly and advor.ely affect the .tability of ..awlIll. and r.v.tment. on tho.. adjainlnq propertle. a. well al the value of adjolnlnq properti.., .nd WHEREAS, a failed .eawall or revetment deprive. adj01nln9 property owner. of the addit10nal etrenqth that derive. fro. the IGOK 019,.,~ Z8 J J 1- L - ... 11Ift common benetit of a contin9uOu, 'eawall or revotment, and WHEREAS, individual proporty ownor. are pre.ently relpon- .ibl. for maintenance, ropair, and roplaconent of ,e.wall. and rovot..ntl alon9 their property, and WHEREAS, thero pr..ontly oxiata a threat to public health, .alety, and welfare bocauae of tho failure of aomo individual property owner. to maintain, repair, or replace thaiI' faUod .eawall, or revetment., NOW 'rHEJU:FOR1': BE IT ORDAINED BY TilE BOARD OF COUNTY COMKlSSlONIRS or COLLIER COUNTY, FLORIDA, Saction Ono, Definitiona, A' ulod in thi. Ordinanc.. the followin9 worda .hall have tho following meaninqa, .County., meana tho unincorporated ar04 of Collior County, flor1da, .S.awall., moane any lolid uprlqht Itructure which ._rvft~ ~n '_pftrnte rftal property and/or any improvomentl theroon from any natural or man-made body of water. .Fal1ed .eawall or r~vetmont.1 mean. ft leawall or revetmont that ha. tallod ctructurally or that hal moved from ita or191"a1 pOlition or that dOGI not .erve to Itabil1ze th~ pOlillon of tho .horolino. .Revetment., ~ennl a Ilopin9 Itructuro whlch aerv.a to aaparato real properly ond/or any improvem~ntl ther~on froN any natural or man-made body of water. S.~t10n Two I railed Seawall Or Revetment Declared To Be Unlawful And ^ Public Nulaaneo. It 11 hereby declarod unlawful and a public nui.ance for any property owner in the County to permit, or to !ail to repair or reeonltruct, any tailed a.awall or revetment upon hia property. Section Three. Enforcemont Jurisdiction. In any ar.a of the County where a Code Enforce..nt Board exiate, auch Code Enforcement Board ahall have juriadictlon to enforce the proviaiona of thia ordinanca, hovever tho juri.dic- tion of the Code Enforce.ent Doard ahall not be exclusive. Th. Code Inforce.ent Doard Ihall have auch enfo:ce.ent powera to be .2 101( (J19"'01 2H 7A '- J J I L L ,- 1- L L L 1..------ " ..- . ... - ... exerei.ed 1n .uc~ manner A. may be provided by county ordinance or .tate atatute, including the authority to levy a tlne not to exc.ed two hundred fifty dollar. "250.00) for each day a viola- tion continue. p..t the data .et by the Code Enforce.ent Bo.rd'. order 10: compliance. In connection thorewith, Section Three, Sub.oction 2 of Ordinance 83-43 which created the ~ode Enforce- .ent Board of Collier County, 1. hereby a.en4e4 by add1ng the following language. (jl Soawall. .nd Revotment. - Collier County Ordinanco No. 85-~ .nd a.end~ent. thereto. Section Tour. Other enforc.ment Remedie. And penaltie., Violation of the provilion. of thi. Ordinance, or failure to comply with any of the provillonl of thl1 Ordinance ah.!l con.t!- tute . miademoanor. Any por.on who viol.tea thi. Ordin.nce or t~ilG to comply with ~ny ot tho proviGlonG ct this Ordinanca ahall uron conviction thareat bo tined or imprlloned, or both, .. provided by l.w, .nd in .ddition Ih.ll pay .11 coata and expena.. involved in the calo. Each day luch violation cnntinuel ahall be conaiderod a c.p.rat~ offon... In addition. the 80ard of Count)' COIN'Ill.aionerl ",ay take any other lawful act10n in any court of compel.ont jIJrlsdictlo:'l aa il n.c....ry to prevent ~r remody Any fal1ure or rolulal to c~ply wlth any of the provialona of thl. Ordinanca. Such othol lewlul actlon shill include, but ahall not be limited to, an equitable action lor lnjuncUve reliof or action at law for d&II&ge. or loreclolurc. of llen.. Nothinc.l contained ln th.i.. Ordinance .hall be con.trued to limit or otherwlle adveraely arfect an .djolning prop.rty owner'. right to .eek redre.. for damaqa. re.ulting trom a tailed ..awall or revetment. Section Piva. Technical 'pecification. For Se.wall. And Revetr.'!!!ll. There iI attached hereto and incorporated by relcrollco herein a document entitled .Collier County Seaw.ll and Revetment Requlatlon. - T.chnlcal Specification.,. con.l.ting of page. one '* 019"',(265 3 .................._ - __WI ._-_#~_._...........-_._,. .. _. 0__.. _ .___ .. 1 L L L 1- L L L L - ..... ........., throu9h nlne, incluaive Of 4..19n f19ulro.. 1\11 ..awalll and revetment. conltructod, reconatructed, repaired, alterod, pro- jected or prolon9ed in the County after the effective date of thil Ordinance mUlt meet or Ixceed the.e technical apecifica- tionl .1 tollowl' A. Minor repairl to the leawall or rovet.ent which do not nece.lit.te phYllcal Ilteration to the oxiltinq Itructural lupport DYlte. are exempt !rom the technical .pacificationl. B. Major repairl to tho .oawall or revetment which nlcelli- tate phYlical replacement of any portion of tho Itructural lupport .Yltem, except Iheet pilin9, ahall comply with the appropriate matorial apacification of tho technical apeeifi- cationl for the propoled repair only. c. ~econltruction of any .aawall or ruvetmont roquirinq the complete reinnallllUon of the Iheet. pile portion of the .tructura1 lupport .YltQm, or any now D.awIll or rove~ont scction installed lIdjac:cont tCl nr lndf!l'endontly from any exiltin9 leawall or rovetmant IhRl1 require complote con- formanco with all lecLionl of tho technical .pecificatlonl for that portion of loawall or r~votmant. r.Ilure to comply with lhasa technical spocl Beationl Ih.ll con.tltuto . vi~lAtion nf t.hl1 Ordinanco. Section SiMI Conflict ftnd Sevor~bility. In the avant \;l1il Ordinance conflicts with any other ordln4lnce of Collier County or other applicable law, tliO more reltrictive Ihall apply. If any phraae or pcrtlon of thll Ordinance il held invalid or unconatltutional by any court of competent juriadiction, luch portion Ihall be deemed . ..p.rate, diatinct and independent provilion and aueh holdinq ah.ll not affact the validity of the remalninq portion. Sectlon levenl Eftective Data Thil Ordinance Ihall becomo eftective upon receipt ot notice toll OJS ,.r.! 268 4 I l_ 1- ,- L L I ~ ..... ....., J4 from tho Secr8tary of Stat. that thi. Ordinanco ha. beon tilod with the Secrotary of StAtO. .(.DA'i~ ~.""17 I, 1915 , '"!TUTI''' .. ....::~~:'~:.UAC1Jf, Clerk ~";' .. ~. · -":>2.0 . """ ': ~. ~. - u _.-"~A...~c..r-. .. '.. .' . , .. V ~ ". ,'.--' . ;, ,... '. .,' ., .. ...., Xppro....d .. to fortll and .~, ,~,fflci.ncYI . ITATt 0' FtClIDA cown or C01.1.1El BOARD OP COUNTY COHMI8.10NI~S COLLIER COUNTY, FLORIDA I ~YlrRE~~OSS' Chairman I, V1LLI~~ J. ft~~l, Clerk of Court. in a~ tor the Twenti.th Judicial Circuit, Colll.r County, Florid., do her.by certlty thlc the far'lalnl 1. a true orl.ln.l 0" OlDIHANCE NO. as-2 which v.. adopted b, ch. ROArd of County C~i..lon'r. durlnR l..ular 1,..10n the Seh day at Jlnuny, uas. 7 ~~ , . '.' wtTHtSS ., hand and the otflclal ...1 0' the loard of Count, r~la.lan.r. of Colll.r Councy. rlorld.. chi. ath day of January, 1915. 1lIIa ........ nw with fht Sacr.:tIeIY .. JIJat-.. Olflqh u.A.,., ~ .lt2!... ~s~ of ~'_ _ ..~ WILLIAM J. RF..\CAH Clerk ot CourL. .~I CJ.rk la-orf1c 10 to SOHel at County C~t .tonar. . ' ...... I, . ..' Tit :':' ....., . .' ;. . '~"'l iDOl 019,..,.!2B'1 5 ,...,.,:., . " I ": ~ ;'1' J... L L L 1- L L L I- I I ... ...... .....:a COLLID. r.0UJITY IEAVIJ.L AJl1) IEVE'nUHT UCltILATtONS TEC1nItCAL. S1'ECIFJCATIOM .lCTtOR 11 DISCJtPTIOH Th. work '..crlb.. In tbl. Ip..llleaclon con. I.e. of chi 4..1"n II,d con.c~ve- Uon at "aterfront upland .,rop.re, I"d hUdlnl protleUo" atwetvr.. neh .. ..."aU. &.d "...I..nel whicb IIn. to proe.ct a.al".e vay. ICtlck "nd to ita- bill.. the ,'Iltion of the .hor.lla.. Th. DI.len aft' Con.eructto" .t.nd.r', b.r.l" '..crlb.. .hlll provl'. .1nl.ua r.qvlr",,,cl f.r all ...val11 and r.v.C..nc. con.twct.d. r.eon.ewctad, r'pllr.d, 'It.r.d. pro,.ct.d or pro10na". Sl:CTtOl 21 DEsrCH CDN91DElATtDMS C.null 1. All p1.n. and .p.elI1elelon. for ..."al1. and r.v.t..nCI .hall b. pr.p.r.d II, I Prof...lona1 In"ln..r r'.l.t.r.d In eb. Sc.t. of 'lorld.. 2. Th- 'ull" ", rh_ .trur.tur.. Ih.ll .d'qvat.ly addu.. In po..11I1I '011, Ilv., d... and h,.roltaC Ie loadlnl' IllhUnl durlnl the Itf. of the .cruccur.. II. Crlurh A. I. SOU .nd .It. pau..t.u ....nt..l to chi .trvecurll ...11" ar. .u...rl',d on rllvr. I. 2. Th. aCth, hllure loll ",d.. IIn chi IIpland del. or the ac ruCtllU .hd 1 a..v.. ..turat.. 1011 to the top cap or the 1.lval1/rtY.t..nt. J. Th. 1_ vater '.pth on the vlt.rvard Ild. or the 'Cructur. .hall b. ...u..d cn b. . "lov. 1_" tlel.. SlCTIOlf )1 A. Cr.H!lAL .!QU1.'~IMTS LocaC Ion S.."al1. .h.l1 b. pl.c.d .0 th.t the v.t.rva~' r.c. of the valli. colneldanul vlth the p latud p~op.rt)' or bullL"..d Un., If on. IlIltu, or at the Incer..etlon of the "In h1ab Vlur Un. vLt1\ the .xlltlna .1\or.l1n.. I.v.t..ntl .hll1 b. plac.d 10 the IxpoI.d rock f.e. Int.r..ct. the platt" prop.rt)' or bulkh..d Un. It thl "In hilll "Ittr Un.. Ell.. cion Th. Clp .1..ltlon for .11 ..lvIll. Ind r.v.c..nt. frontln. on prot.ct.d tldl1 vlt.rl lhal1 II. .qval to, or .r..t.r than, .ll.a- tlon 4.) f..c H.G.Y.D. (NltLona! C.od.tic V.rticIl D.tu.) Ind .q1411 to or Ir..ur Chi", ).) feee H.C. V. D. 011 op.n b.,. aad chann.1.. The .1.vIClon ror III ...v.ll. and r...t...e. frontinl on fr..hvat.r clnall Ind 1.k.. .hal1 b. .qual to. or Ir.ae.r than, the local hlah vlt.r .l.v.tlon al d.teraln.d rOt I 2S ,..1' r.Cvm fr.qlllncy d..ll" Itara I..nc. I. .. 019'1'" 2S8 J.nuAr., II, ltll' ;... - ... Pn c, rUll"l n. only fUUm. .uCbothd hudn Ihall bl (Of: backf111 b.hind th. '11"01111 Of: t.y.e..ntl .n' Ihall not ..t.n' any furth.r "atpr- Vir' thin ..hU"1 l..vllll Of: rlv.t..ntl, 1'111 bac'd111 ahaU b. ff:~ upland 10ure.I an' conlSlt of luit.ble Ir.nul.r ..c.ri.l fre. fro. to'dc lIol1utlntl in oth.f: th.n tract quantitiu. At no H_ Ih.U thh 'p.dUcation b. conatruld to 8110" the f1111nl of In7 County. St.tl Of: 'Idlral ".tland. D. Codl Enforc...nt I. 111. County Man.,Ir. or h1l 'uianateel upr...nUtin. .1\0111 revSI" Ch. ,1."1 .n' .p.clflcltionl co ..tlrainl 1f .11 aPPl'OlIrhu Inlla..rtnl C.reiUcIUon. are provi'.d. Upon d.tlralnatlo" thlt III c.rttficationl 011'1 provid.'. tha County Hanl,lr, or hfa ..Il,n.el' r.prllentatlvl, aha11 111u. a P'~ll to plrfo~ luch vork. 2. At thl conclullon of all plraftt.d vork rll.tlnl to an indl- vfdu.l ...vall or ,....t..nt l.prov...nt, a c.rtlflc.tlon b7 . Prof.aalon.l En.fnl.r r.llatar~d In the Statl of Florid. .hall b. provld.d to th. County ltana..r, or hie '.danated r.prl..ncetlv., v.rifylnl coapllance vlth the d..lln and con.tructf~n requlr...nt. or thll Splclflc.tlon, r., .p.cid Condie Inn. Th. Count, Hlln...r, or hi. d.allnac.d upua.ncatlva, ..y valve' "boice onl)' eh.... raflulr...nt. ..r"U.d h.r.ln thole 011'. In dtr.ce con'lict wUh ..hctnll condition. It or adJ.c.nt to chi prop.rty \oeatlon for th. prapo..d a..vIl1 ~, r-v.lnant i.prov...nta, Subatlcutlon. Ny be authorl..d by Che County KoInallar, or hta d.al,nU.d rapre..nc.llv., for ,.avalla or rlv.e..nt. con,CNCCa' of ..t.rl.\ and lor by ..thod. othar thin .. datall.d In th:. Ordl".nc. only if Ih. d..iln eon.id,ration. 01 S.ction 2 h.r.ln ar. c01lpllad wilh. nlh ,ulhl1rIlArlon dolol .!!!!. .llow aubltitutlon of .ny r.qulr...nt d,c.il,d In S.ctlon 4 h".tn. L UCTIOM 41 A. IIESTlICT1VE SPEClrJCATJONS C.n.nl \, Thl St.nd.r~ Sp,clficaclon. of thl Plorlda D.p.rt..nt of Tran.portatlon for 110" and Irldl. Conatructlon, Lat..t EcUUon, .haU lovern .U eonltruetlon, Inelu'lnl -tertala Ind vor...n.hlp, wh.r. .pplleabl.. Th. r.f1r.neal to t h-\tack rod. and anchou in ch. Collowlnl .ublectlon. Ihall not b. conatru.d a. a r.qu1ra..nt by Colli.r Count)' far th.t p.rttcul.r ..an. of ah.at p111nl .upport .y._ t.. blolt Ar. lneludad for Sp.cU leaCion InfaEWoAt lon 'IIrpo.., only. Wh.n ut1l1u'. the ClI-back rod. .hall b, .tra1lht b.tvI.n v.l1 cap or vIl.r aad anchor pllt', 'h.at ,111", ,hall b. in.tallld pluab in both tha horizontal and v.rtlcal dir.ctlonl. 1- 1- 2. L L_ J. t_ 11141 019",,, 269 J.nullTY ". I"" L_ ~l ~ 0{ ~.""\ I t_ January I. \9'5 .. 1- L 1- I- I I 1- 1- r=:I "'" 4. Sh..t plUnl .hlll p.n.trau Into flra ,round a .1.01.,. of 401 of ch. cotal l.nlth of thl .h..t pll. but n.v.r 1... then 4 Can. Thh panetutlon requlre..nt ..y b. abat.d In the .v.nt thl to. of the .h.et pl1. can b. ..b.dd.d . .1nlu.u. of 12 inch.. ln .011d b.dro~k. 5. Th. to.-ber. of all .h..t ptl. ..a.al1. .hall b. procactad b1 . .Con. rSp-rap ravet..lIt pl.ced on a fUur fabric erodon control hlanlteC in .ccordancl vtth S.ctlon 4.0 .. folllN" .. At location. Vher. .otl. yt11 not .d.quat.l, r..tlt to.-out bUurI b, .ddltlonal p.n.tutlon d.pth .loaa; b. At loc.tlone vhan htaul Ud.l flov. cr..t. axcu.lv. .cour and ero.ton of the to.-b.r.. c. At .ny oth.r loc.tlon wher. the d.alln En_ln..r d.... tt nlc.uary lor the pr...rvnlon of the Intl.r1ty of the ...v.ll. I. Concrete Shl,t ril, S.ftvll1. I. All .....11. und.r thi. S,ction ..y b. of concr.t., ut11tllnl the tonlul and Ir~ftv.. ftr nth.r .pproY.d .,thod of c~n.truc- tlon, wlth ~o"r.d-In-placa concrlt. Clp. 2. Th7 conCrlte .h.11 hAY' a .~n111U' te.t .trenlth of 3.000 p.l .etn' 211 day.. ). Each .hut plllnll .I.b .h.ll have . .1niau. thtckn... of IIx inch.. .nd provld. I .tni.U1I r,lnforcln. at..l co"..r of two .nd on.-h.lf (2~) inch.. of concr.ta. 4. Th. concr.t. c'p .h.ll not b. I... th.n 10 inch.. In thick- n.... nor 1... th.n I' Inch.. \n vidth. .nd co~t.l~ one-h.lf (~) Inch ..panaton Jninc. nf pr.-.alded ...1.r at all prop.rty lIn.. bllt In no caaa IaOn tll.,n 100 foot lnurv.1a. All tl.-b.ek rod. .halL b. nf a &till, ..tari.l Ind c_,o.t- tlo~ to .n.ure a thr..-lo-on. (l11) ..r.ty faclor undu ch. d..I.n crtterl. outlin.d In S.ction 2.A.2. Tl. rod. ahall ba lnuaral with ch. -hit vertic.l ulllforclnl ua.l "nd b. environ..nully prouctt4l a..lnat corro.ton by "hot-ellp" I.lvanllinl In accordanc. ",Uh ,\S111 A-IS). ',Oll' co.tin. In aecordanc. ~Ith ASTH A-77S. ar any oth.r .qulv.lent prot.Ctlon ..uri,,!. s. 6. Tl.-rod .nchon .han h... not 1... th.n .la aqu." hac of vertical .urtae. .ra. perp.ndlcular to the al1ll11dnt of the ti.-rod .nd be locat.d vSthin tb. .r.. of full p...iv. r..t.- c.nc.. c. AIU8!nu. Sh..t 'il. S....111 1. All ...vall. und.r chi. '.ctlon ..y b. of alualnua, with .11 ...ber. canfaraln. to eh. appropriate A5TH .eand.rd. .. Ip.cUhd. 2. ~he.t pll.. .hall b. fabrlc.ced fro. .lualnu. .1101 505Z-HI41. conforalnl to A8TH 1-20t alloy 5052 f~r ch..lc.l coapo.ttlonl .1.0 haYln, . .1ni.ua thtckn... of 0.125 Inch.. aDd. a1ns..u. ultl..el ten.ill Itr.nlch of '5,~OO p..,S. .. U19,..., t10 :) L L L 1- L L L I- I I < ----r< ... Jan"a"Y ~, 19115 ... .... 3. Cap IlId joillt 'Kendolll IhaU b. fAbrlucad ho. dualnll. alloy 6063-T6, conforaSnK to ASTH 1-221 alloy 6063 for ch..lcal co'polieionl ILia havlnl a .1nlaua thlcka"1 of 0.1' lneh.. and I alntau. u1tl..t. t.n.tl. Itr.nlth 0' 30,000 ,...1. Th. up .hell b. a 11al_. of dK Inch.. vld. and ftvI Ind thr..-quart.r. (,.7Sl lnch'l d..p. 4. Anchor rodl .nd anchor plat.. Ih.ll b. fabrlcatad fro. .lu.lnu. Illoy 6061.T~1 conforalnl AlTK'I-221 .lloy 6061 far ch..lc.l cospolltlonl 11.0 "avlnl I .ln1_. th1ckn... ot 0.125 lech.. for IlIchor ,lit.. and I .lnl~ dS...tlr of 0.7S lnch.. for .nchor rod., boeh vich I .1nl_. ultl..e. t.n.l1. .tnllath of 38.000 ,...1. Anchor rod. ah.11 ba d..fln., to .nallU I tllrll-Co-OM (311) ... fit,. factor under thl ....l,n cr1t.rl. olltlln.d in I.ctlon 2...2. S. Inudl.Clon proeadllr.. Ihall fo11"" ch. IIIUdin.. and ..thoda "'qlll Tld by chi alll.lnll. a..v.U ..nufeet',rar. 6. If ch. .1u.lnul ..c.rl.l la broulht In coneact ~leh concr.t., . coaCin; of clear lIetha~ry'.r.. hcqu.r .haU b. .,plhd Co th. alullnua contact lurCac:a to prav.nt corroalon. Th." .hlll b. nn dl..lall.r alcal. or ..tal ay.c... bond.d eo ch. ",all. D. a.v.ta.nt. I. Th. work under thh 5ICtlun ta coa,rhed of a hllvy 'nw>r f.ctnJ of pr.ca~~ co.cr.t. block.. n.cural acon.. and bouldin, ball' rt 11.. vith ..nd-c....nc IhtuTa of arouc, or .~. oth.r durable flclna ..tertal plleed on I .tabl. natur.l 110pln. Iho,.. 1. nu uv.ca.nc ah..ll b. pllc.d on e ._oth. Iy.n. coap.celd 110p. vith a aradhnt nDt uCI.dlnl onl foot yuclcal drop for .v.ry two f..t of horl&onCa1 dl.elnel. 3. All uvu.."" Ihall bl placed on a _.n planlc IUur fabric ln accordancl vlth r.D.O.T. 5p.clrlcatlan., S.ctlon )14. Thl. fabric ahall bl ov.rlaid by . lay.r of onl 1nch to four Inch .con. which .hall "TVe al a cUlhlon lor Chi arwor ley.r protecclon. Th. fabrlc ,hall be rold,d over .nd .nchond by hraar rock It the co. of ch. uvn..nt alop.. :.. Th. .ton. rev.t..nc aT1lOr lI,..r ahall b. coeprh.. of boulder. 01 .utl1r.1ant quntHy .nd 11.. co vith.c.nd .n tida .nd VI'll fore.., bue In no c... b. ~"I th.n thae .p.clfi.d by r.D.O.T. Sp,clficaelon. S.celon 530. 5. AlurnlUvl arwoor laY'18 of protectlon ..y b. ..nd-cI..ne ba'l lnurconnlcud 'by '4 ulnforcln. dovd., In accOrdancI vlth '.D.O.T. Splclflcaclona Slction S30, "A~rfl..", "Turalis", "Tr1-lock" or any othlr .pprov.. lnurlocU,nl, praea.t, aodular conerate lraer .y.te.. .. 019".'.271 4 '~1 ~ >"j , """"1J f - . . . L L 1- L L L L .,~iI! - - - SlCTIO. S I .U.fODWlCl llOUllDC111Tl Th'" 'p.cific.tlon. ..tall .l.l.u. r'~Qir...nt. for .....11. and r.v.t..nc. Which ar. co ~. con.tract.. 1. Colll.r COUDC,. Individual d..llft i. the r..pon. 11"I11t, of the 1.lldawDtI', II.... upoa ."cUl.c .ite Condition., tn. of .hor. .tlIIUlut1on 'U'\lctllfl d.dr.d, ..tlaod of con.CruCt10D, .nd III other t.ctore .thcclnl ctl. .ta)Ule, of th. .truct\ln. 1'b... 'p.cif1cation. .ra .lal_ req\llr...nt. onl, .n' .r. ~ lnt.D'" to b. . final d..llft r.l.tlnl to . .p.clf1c .It. or .n1 och.r .ff.ctlnl cond1tloD'. '.. .... .'.;' \. '* 019"." 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Veil II 0 lion,. i ' -.--:,-.- ..~~- ",-- ...;~ ...., ,"'.. ' V...tollon .' .-Armor '''p. Ao, SION Flit., CutlllOn. TYPICAL STONE REVETMENT InllflOCkl"O Bloch .... TYPICAL CONCRETE-BLOCK REVETMENT A I- I ~--_.~ 7~ SSe 12~ ~... ! '"' .... ~w ~ 10 .... o :E u t- I.&J > ~ A f PLAN VIEW SECTION A. A INTERLOCKING BLOCK aou 019,...\ Z76 Fltur. " 7. f\ . f't LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Codified through Ord. No. 05-04, enacted lan, 15,2005. (Supplement No.1) 9.04.04 Specific Requirements for Minor After-the-Fact Encroachments Minor after-the-fact yard encroachments may be approved administratively by the County Manager or designee. For the purposes of this subsection, minor yard encroachments shall be divided into three (3) classifications: A. Structures for which a building permit has been issued and is under review, but for which a certificate of occupancy has not been granted. The County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to five (5) percent of the required yard, not to exceed a maximum of six (6) inches. For single-family, mobile/modular homes, duplex, and two-family dwelling units only, in the presence of mitigating circumstances, where the encroachment does not result from error or action on the part of the applicant, the County Manager or designee may administratively approve encroachments of up to twenty-five (25) percent ofthe required yard, B. Structures for which a building permit and certificate of occupancy or a final development order has been granted. The County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to ten (10) percent of the required yard which requirement was in effect as of the date on which the certificate of occupancy or final development order was issued, not to exceed a maximum of two (2) feet. For single-family, mobile/modular home, duplex, and two-family dwelling units only, the County Manager or designee may administratively approve minor after-the-fact yard encroachments of up to twenty- five (25) percent of the required yard which requirement was in effect as of the date on which the certificate of occupancy or final development order was issued. C. Single-family, duplex, and two-family dwelling units only for which no building permit record can be produced. Provided that all of the following criteria are met, the County Manager or designee may administratively approve minor after-the-fact encroachments of up to twenty- five (25) percent of the required yard, provided that: 1. The encroaching structure, or portion of the structure, was constructed prior to the purchase of the subject property by the current owner, 2. Evidence is presented showing that the encroaching structure, or portion of the structure, was constructed at least two (2) years prior to the date of application for the administrative variance, This evidence may be in the form of a survey, property card, or dated aerial photograph clearly showing the encroachment. 3, The encroaching structure is either an addition ofliving area to a principal structure, or an accessory structure of at least 200 square feet in area. 4, The encroachment presents no safety hazard and has no adverse affect on the public welfare. 5, An after-the-fact building permit for the structure, or portion of the structure, is issued prior to the application for the administrative variance. The administrative variance will only be approved once all inspections have been completed, and the certificate of occupancy will be issued once the administrative variance has been approved. D. Under no circumstances shall any administrative variance be approved which would allow a reduction of the separation between structures to less than ten (10) feet. Administrative variances approved pursuant to the above do not run with the land in perpetuity and remain subject to the provisions of this section regarding non-conforming structures. 7A 9 tA, a?j 5 a::: I- a ~I I- DETAIL .....l CD (L #2 a::: ::;E w 0 0 a '0 0 0 LOT 11 SCREEN z cD 0 <{ 'It- to C"II OCCUPIED EL=10.7 > ..- ..- 7.80' 3: 3: EARTIiWORK POOL I -..t- o IN PROGRESS DECK t"") ..t- AT TIiE llME CI1 ..t- ic OF TIiIS SURVEY a: ..- OJ ~ :- :- r-j Vl 0 0 () 0 0 z Z Z ~L=6,74 -10 0 () OJ // N 0--NEW (~ 1"" OJ N SEAWALL CAP 1 4' LEL=4,64 N N WATER I : . I FOUND ,.. : DRILL HOLE -to IN CONCRETE ,...: '0 4-' OIS 1.2':f: SAWALL OET AIL J /1? ot:AW~s COLLIER COUNTY LAND DEVELOPMENT CODE Sf AFF CLARlFICA nON CURRENf PLANNING STAFF DATE: 28 October 1998 LDC SECTION: Section 2,6.21 (Dock facilities), Division 6.3 (Definitions: "yard, waterfront) INITIATED BY: Planning staff as the result of a request for clarification from Customer Service Agents regarding measurement of structure setbacks and dock protrusions from seawalls BACKGROUND / CONSIDERA !IONS: Section 2.6,21,1, of the LDC states that" . ,. protrusions as well as extension of dock facilities are measured from the property lirte, bulkhead line, shoreline, seawall, rip-rap line, or Mean High Water Line, whichever is more restrictive." Division 6.3, definition of "yard, waterfront", states that" ...open space...depth (is) measured from property line, bulkhead, shoreline, seawall, mean high water mark, access easement, whichever is the most restrictive," Seawall slabs are a minimum of ,5 feet thick, and seawall caps a minimum of 1.3 feet wide, allowing for over 1 foot variation in measurement, depending on which side of the seawall or cap is used to measure the setback, for structures on land, or protrusion, for docking facilities, DETERMINA nON (CLARIFICA nON): The measurement for both structures and docking facilities should be taken from the outer (water) side of either the seawall OT seawall cap, as shown in the attached diagram. AUTHOR: Ross Gochenaur (for Robert J, Mulhere, AlCP, Director, Planning Services Department) THROUGH: Ronald F. Nino, AlCP, Manager, Current Planning Section) cc: Johnnie Gebhart. Senior Customer Service Agent Supervisor P'J ~i " ! 00 c..K ~.J.< <.)"i~ u J Ie", F'~O..(...l Ft.< o"u, S\~vCrUI(E SS-rB-1c.l(' CA{J SE:AL<.J1Ll St.4G' ~~~~~ l--nc:.CU u R b t:" ~ 0 '" i E:: l Tl'i t:. "'- c.. rq.p 6 R. .s E A LJ A II O"'-l Ou'T"E"<. C W A- 'T"BR.) oS (DE - '-.j -~. '~"-"." -.-.".i...-.--_______....._. ----.....--..".........-..----..-. '---.,---.--- --...- ~._""'-' ---..------r-----...---- 7A '-0 i: Vi/~~fLV~D U~.Li OVV-:.JLl...:IOO.i. WflUL-C-...JHLL- I WL1L I'l.l. /'rr t-(. t:I~ To whom it may concern: We received a notification of the hearing to be held this January 23rd concer1t1.ing tilt! residence located at 316 Flamingo Ave. Naples, Florida. We are located directly across the canal from this home. My wife and I cannot understand why the.!le peo ,J,~ are being harassed, after aU the county's inspections during the time of com;ttucti >11, This home is attractive, both front and rear, and hurts nOone " II Lets put this issue aside and 0 on enjoying Naples. ~ ~k ;~~::ve, NapJes,Fl it II -- I 7~ ~lf~qfL~~b ~~:Ll ~~~-~L1Jbbl Wt1ULC.::::>HLt:.. I UUL IVI.!. '-HUL.. UL / L- ~ -- 7~ I \. .;' C LJ i."u' J-t ~a'f ~l<M-t.w; ~ ~ c/." -I ~ " '11-{//,-1;<7,) /k'>c..u 0 .de: !<kl+. '1 c,l f'f ,-e'~I-'-J:r/ d~ /h.-rJ I JL,,~"'; 3 II; t'.f .'iw~,- /~,~ ?-UJ1Z~ lvi..~,<) b rhJ /N~-)yt~ (%141>./<,- j~7~~;,)",rJ /'~,.,----, W.b 'Pd..-;.) Acl<(f- i~ ~<~ kL>) J<"/j"d, ,,0 . t',.. ~~"~{I~./ A+7~ A.(",t.",-,~o /U(JPA-"-<--i;.t:b..w '~-'r i-,.,- ~ -W~~ ~ f~ t:u~~.,u --L. "C~-/4,~.j. _,/;:~i~U<7- ~-I tf;!!t,,,d; ~ ;f,. ;d;7V;< ~:;..-fi-' : I' FROM FR>< NO. Feb, 28 2006 05:47PM Pi ----- 7- A '~J:. January 6, 2006 332 Flamingo Ave. Naples, FL 34108 ... SUsan Murray -~~Dl!pt.d Zoning 2800 North Horseshoe Dr. Naples, FL 34104 ~ ~.~~: .R~~ Dear Ms. Munay, This letter is to voice my support for the variance request submitted by Mr. and Mrs. Marte Dowdy at 316 Flamingo Avenue. I am the property owner and neighbor immediately adjaCent on the east side of their property and have no objection to the size, position or location of their pool deck/endosure with regard to the sea wall. Further, I have no objection to the height of the sea wall on their property. I am in favor of the original Administrative Staff approval of their variance request and feel the Oowdys should be relieved of any obligation to do any further mitigation. If you wish to contact me concerning this issue, please call me at 597.8983. 'Thank you for your atb::l.tiun to this matter. .~.~. :~~~.~ r.\:#,5tSJ:~ ..? 'i"~.;.'Jy. ,- " ncere , ~ l( (;L) r/^( II Jacqueline qRobin" Scheppner cc: M/M Dowdy -- I FRm1 FAX NO, Feb. 28 2006 05:47PM P2 '-y. January 9, 2006 RE: Petition ADA-2005-AR8497 Dowdy Residence, 316 Flamingo Ave. , . ..Dear CaNnissioner. :~~~:~;~~:~f:~I~,~~~,:,'.~~;f';~::~~~::-'~~':~~;' - ,.., ' - " . ~~.-'~. :.....~,,~_:,",,';::._~...-:-.'-.-.-:. , As the neighbor and property owner immediatefy adjacent to the east boundary of the Dowdy residence I wish to support the granted administrative variance tor the Dowdy residence (AVA-2005-AR-7821) and urge you NOT to repeal this decision. It seems to me that the \'ioIatlons have occurred through malfeasance and deception on the part of the builder and ineptitude on the part of the County's inspecto~ and were not caused by homeowners. Unless the builder and Collier County will assume all liability - flnandal and otherwise - to mitigate the infractions, I would support of a variance approval for the pool enclosure and contiguous building struc:b..Ire and not hold the DowdY's culpable. Further, I encourage you (and the rest of the Commissioners) to establish stiffer penalties for the builders who knowingly violate the codes and rules and thereby put innocent home buyers at risk. However, even with an unscrupulous builder flagrantly breaking the rules, this very unfortunate situation need not have manifested to this degree if the County inspection and enforcement departments were competentfy doing their jobs. -~"~:"~~'~iA~-Ido-f1Ot'feef-t:h1s fs1:he"fault orlld:e.,tk"n of Hr. and Mrs. Dowdy and their previously Issued Administrative Variance approval should stand approved. Respectfully, [;5(1i\~ Jacqueline "Robin" Scheppner 332 Aamingo Avenue Naples, Fl 34108 CC: MtM.Dawdv r- 7~ 1 - r--- f' f\ l"1'CAJulll. "1(00\( .\1"\&'" C.4' 04 .1"''-' ,.&,1. ".. CWMM. CW4l'ad _lM 2 .-1"- 7~ ,. 3 L~ _tt_......__ ~- - _1Y'.o il6..L.=- --"-- -L Do.._ _m ~~~~1 ~ _tt_......__ /P& l' _12._ ,..,... - - :;;!" D I . G.i;. ...--- ........'" MIOJ -..... 1-.- =:'~t_ 1UIM_IlAY -,- loui i::1.lW-:o.... NopI.JlU411l1J I~ --- 4 , ( Ii.! L e. 5 . " 7 B 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 Other: (Display Adv., location, etc.) ............................**.....................**.***...*********..***...*.*....**** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Carolina Valera c..,f. Date: ,-2~'oC Petition No. (If none, give brief description): V A-2005-AR-8616, Pocchi Variance Petitioner: (Name & Address): Davidson Engineering, Kelly Smith, 21 S4 Trade Center Way #3, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Daniel Hamilton, 12855 Collier Boulevard, Naples, Fla. 34116 Hearing before BCC BZA Other Requested Hearing date: March 14.2006 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: V A-200s-AR-8616. Daniel Hamilton, represented by Davidson Engineering, requesting an after-the-fact variance for a sinlge-family home currently under construction. The proposed project name is Pocchl Variance. The house encroaches 2.5 feet into the required 37.s-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. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Ves No If Yes, what account should be charged for advertising costs: 113-138312-649110 R~~ '//;~6b Approved by: ftepartment Head 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: 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'~:;;r ~E ONLY, Date Received: \ C> Date of Public hearing: ~ Date Advertised: ~(p ~ ,_......._,""~ _""n_"_~ ..~,,""-"~' .. , 78 RESOLUTION 06-_ A RBSOLtmON OF TIm BOARD OF ZONING APPBALS OF COLLIER. COUNI'Y, FLORIDA. RELATING TO PETITION NUMBER VA-200S-AR-8616, FOR AN APTER-m:B-FACT V ARlANCB TO REDUCE TIlE SIDE YARD REQUIREMENTS FROM 37.S FBBT TO 35 FEET, FOR PROPERTY LOCATED AT 4625 30" AVE. SE, LOCATBD IN THE ESTATES (E) DISTRICT OF COllIER COUNI'Y, FLORIDA WHEREAS, the Legis1atJD'e of the SCate of Florida in Chapter 125, Florida Statutes, bas confmrcd on all counties in Florida the power to establish, coordinate and enforce zonins and such buainClll regulations 18 are necessary for the protoction of tho public; and WHEREAS, the County pwsuant thereto has adopted a Land Development Code (Ordinaoce No. 2004-41, IS 8mended), which establiahes regulations fur the zoning of particular geographic divisions of the County, among which is the granting ofvariancea; and WHEREAS, the Board of Zoning Appeals, being the duly constituted BoaTd of the area hereby affected, has held a public hearing after due notice mldc, with all intmlstcd pattiea hf,ving been given the opportunity to be.heard by this Board in public meeting aucmblcd, and the Board, baYing considered all mattor8 presented, aiId having considered the advisability to reduce the front side yard from 31.5 feet to 3S foct, 18 shown on the atlBc:hed plot plan, Exhibit A, in the E Zoning district for the 8Ubject property, has found IS a mattClr of fact that utisfactory proviaioo and IImIIlgemcnt have been made concerning all applicable maI:terB required by LDC Section 9.04.00. NOW, THEREFORE, BB IT RESOLVED BY THE BOARD OF ZONING APPBALS OF COLLIER COUNI'Y, FLORIDA that Petition V A-200S-AR-8616, filed by Davidson Engineering. Inc., representing DlIJ1iel Hamilton, wilb respect to the subject property herelnaft.er described 88: Section 28, Townabip 49 South, Range 28 But, Unit 90, South ~ of Lot 74, Golden G1lte Estates, Plat Book 5, Page 29, Collier County. Florida Folio No. 4144690103 Address: 4625 30th Ave. SB, Naples, Florida be and the same hereby is approved for a 2'6" varillJ1Ce from the ftont yard requirement of 37.5 feet to 3S feet III shown on the attached plot plan, Exhibit A, in the E ZorIing District subject to tho fulknring concIitions: 1. The variance granted is limited to tho structure, depicted IDd more particu1arly described OIl attached plot plan, Exhibit A. 2. If the principal residc:ntiaJ dwelling. structure is dClltroyed fur any reason. to an exta equal to or greater than so percent of the actual replacement coat of tho structure at the time of its destnwtio;o, all reconsIlucUon of the structure and 1 "'"-~-~"'----~'--- I:N . 78 .. lWCCBIIoty atJucturcs mW!t confonn to the proviaiOllll of the Land Development Code in cfl'cct at the time ofrcconatruction. BB IT FURTIIER RESOLVED that this Resolution relating to Petition Number V A- 200S-AR-8616 be recorded in the minutes oftbia Board. This Resolution adoptcc1 after motion, second and ~tY vote, Ibis _ day of .2006. ATI'BST: BOARD OF ZONING APPEALS DWIGJIT E. BROCK, CLERK. COlLIBR COUNTY, FLORIDA By: By: , Deputy Clerk: Frank Hal... Chairmm VA-2005-All-lkl16 2 ."-" -,,-~..,_. ....--..,.,.. 7a BOUNDARY SURVEY. ~ I I I ~ I I ; ~ACT 73 [ ffi~ I I I ~g t-I~ - - - - - - - .1I~~ - - - - - - --l ~~l I: I ~S I I~ : . . REJJ~'NDER ~ I ~ I I ~ mACT 74 - ~ I ' . (VACNIJ] I ~ ~~ ~- ~ ~ IIN S89~40'50"E 680.0'(P&M lUDl.1 ~ g;.. .~I 830.0' SOU71-I 1/2 b I!i, :il ~ :D- mACT U ~ r;; co I- -0016 - 1<Wl.2' . ' r 0.' _______ 4~8 _ b~ ~a ~,--------------------~- ~~ .:- ~ lIDI.1, I 830.0' - ~ 01, _______________ r _ ' ~ 8 30' ROAD EASEMENT eso;O') UN_ROVED ROAD _ z N89.4Q' rW 30th A VENUE S,E 680.0'(P&t..I) SET '- I , I r---~-----------~ , I I "'ACT 75 I 25.0' I in 10.0' N, b .., '. ... :!? r-: VA.200S-AR~18 13.0' 10 iN PROJECT 12005110020 ~ DATE: 1'1114101 . . CAROliNA VALERA ENLARGED DETAIL FOUNDAllON EL-16.8' ~D/A88RE'M11QNS 7HIS .sr.ftM!'Y IS AII!Jl'ARID RJIf: o !ICT _ filii 1'tr:N' /I>>I:S ... _, N.4L AND "" r... DANIEl. HAMIL TON and IJICHEl.LE HAMIL TON I!I _ CDNC. _ FlFTH THIRD BANK 0___ .-- POCCHI CONSTRUC71ON, INC. 'U, _ f'OI.C ellltL c . CALGU....P!P II .. IC'A.IUlED P-"LAr. D-DID ISAL DESCRIP710N I: .. CD/rDIUNC , DC .. JJlfAINAaE EA.!IIlD/r 5 1/2 oF TRACT 74, GpL.DEN GATE 7h/$ I. not a cerllf/cat. of 11t'-. Zoning, 16: .. UIlLlrl'_r Aft".. AIr ctINIIt_ ESTA TES UNIT NO. gO recorded In or FrtHtdom of ""cumbrancu. "" _ ItI( 7lIf tlC1E1f Plat Book 5. pagfl 2fi Q/ the Pubflc Abstract hiM not bHfl .revieW<<J QIId CII .. CArcH 1A5IN IIH"~ RfKXJrds of Collier County. F7orlda.. other fIQNf1ltmt" and f'fUItrlctlons may PC - "fJCL crJIJAJEN r apply to th/$ parcttl. IJI other fJt1ftmfJfIt. CCJNC .. CONQIEJC that uIIIt tre r.kIUfred to be provided VB - UPlJrQ ... . 1f1I" OF 8MIK AJ:aIfDS . OF rllCI'Bt1 ~ to th. Iu,..,.yor by the client of his June 18. 2003 4825 .IOth A ~ 5.f'. or hflf' tJf1tIIIt ptlt" Florida Statut" 61C17-6.00:1 (10) F:A.~ Oat. of Surwy: NOra @J ~. kk.~'/ Foundation 6/15/05 FLOOD l.ONE .D- - PANEl. 1_7 04.50 D. Scale: ," ,'" 1 00' BEAIlIiBS B~ CIl PImIICAl lZNlEJII.ME ar DESOTO 'IlCU.YARD AS llOtG Noo,..,cfE. ProJ-ct. N8' ~9jI4S ELEYAlIONS BASED CIl N.G.V.D. 1m DA'MI. C<IroI E. N..on, P.LS. I6Dt:s .J.JO 1II'..n BouI"voni South FB No. ......L p. ' NOT YAUD UNlESS NtJPIe!I, F7orldo .J4" 7-9.J8 4 Job No.' 05256 EYBOSst:D WTH SEAl. (239~ 304-0055 ,Office COPYRtGHT 2Oro BY CAROL C. NELSON, PJ... AU.. If1flHTS IIDfRtEI). (2:19 304-0047' FDCSImlle - ,...._.~,...._....~-~.....---.._*'_.~'- -~..,~,_..,...._,- l;\f' "'7a j:.~: &~~ January 25, 2006 Attn: Legals Naples Daily News l075 Central Avenue Naples, FL 34102 Re: Petition V A-2005-AR-8616, Pocchi Variance Dear Legals: Please advertise the above referenced petition on Sunday, February 26, 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.lAccount # 113-138312-649110 ~l. 78 .. NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 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 VA-200S-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. 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 ,"fb7B 'Coijjify-of,Go-lJier ",...J':'- :" ~. "- '-". , CLERK OF THE (Jt~CqIT COURT Dwight E. Brock COLLIER COUNTY ~URTltOUSE Clerk of Courts 3301 TAMIAMI L EA.'ST Clerk of Courts . P.O. BOX 4~~044\, Accountant NAPLES, FLORIDA ~~101-3d44 Auditor ~I ' Custodian of County Funds tt I ._~ L, I _.~.<<" . i ?(i.:< . '. ( 8A / January 25, 2006 Davidson 'Engineering Kelly Smith 2154 Trade Center Way #3 Naples, Florida 34109 Re: Notice of Public Hearing to consider Petition V A-2005-AR-8616, Pocchi Variance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 14,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 26,2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~(~.~GW,.DQ Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us --"-~-----"',-"'",,",,""-'~ ,.,..._.,.,.._--_....~".,.~~.. 'Coi!iiiy-of,G<r>lJier 1,' "'78 ,~.~.. "~ "'-, , CLERK OF THE CIRCUIT COURT -'-.. \ Dwight E. Brock COLLIER COUNTY ~URTl\OUSE Clerk of Courts 3301 TAMIAMI T IL EAtT Clerk of Courts P.O. BOX 4~~044 \. Accountant NAPLES, FLORIDA ~ft,101-3d44 Auditor i.( I Custodian of County Funds ~:~ I ..,..:;~\::, I ~3.) January 25,2006 Daniel Hamilton 12855 Collier Boulevard Naples, Florida 34116 Re: Notice of Public Hearing to consider Petition V A-2005-AR-8616, Pocchi Variance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 14, 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 26, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~'Q~~\[)Q Heidi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us .....-". ---_._.. ~ ~. ,. 78 ... Heidi R. Rockhold From: Heidi R. Rockhold Sent: Wednesday, January 25, 2006 11 :59 AM To: 'Iegals@naplesnews.com' Subject: VA-2005-AR-8616, Pocchi Variance Attachments: V A-2005-AR-8616.doc; V A-2005-AR-8616.doc Legals, Please advertise the above mentioned notice on Sunday, February 26, 2006. ~ VA-200S-AR-8616. VA-200S-AR-8616. doc (29 KB) doc (29 KB) If you have any questions, please call. Thank you. Heidi R. Rockhold Clerk to the Board of Countv Commissioners . . Jvlinutes and Records Department (Phone) 239-774-841 J (Fen) 239-774-8408 (heidi. rockhold@clerk.collier.fl.us) Heidi Rockhold 1 \ 7a J t,.,.,. Heidi R. Rockhold From: ClerkPostmaster Sent: Wednesday, January 25, 2006 11 :59 AM To: Heidi R. Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT2414200.txt; VA-2005-AR-8616, Pocchi Variance [] B ;,,:.- '<" -,' ATT2414200.txt VA-2005-AR-8616, (231 B) Pocchi Varian... This is an automatically generated Delivery Status Notification. Your message has been succes',~fitlly relayed to thefollowing recipient,)', but the requested delivery status not(jlcations' may not be generated by the destination. legals@!naplesnews.com Heidi Rockhold 1 V A-2005-AR-8616, Pocchi Variance Page 1 of 1 .~7B Heidi R. Rockhold ~~-_._----~~~~~'~~~'~~"^.~~~~~~~,~~~~~~~~,^,-~^-~~-~,.~~^~-~~ From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Wednesday, January 25,200612:16 PM To: Heidi R. Rockhold Subject: RE: VA-2005-AR-8616, Pocchi Variance OK -----Original Message----- From: Heidi R. Rockhold [mailto:HeidLRockhold@c1erk.collierJl.us] Sent: Wednesday, January 25,2006 11:59 AM To: legals@naplesnews.com Subject: VA-2005-AR-8616, Pocchi Variance Legals, Please advertise the above mentioned notice on Sunday, FebruaJ)l 26, 2006. <<VA-2005-AR-8616.doc>> <<VA-2005-AR-8616.doc>> lfyou have any questions, please call. Thankyou, Heidi R. Rockhold Clerk to the Board of County Commissioners Minutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collierfl.us) 1/25/2006 . Naples Daily News I. " .'< 7 Naples, FL 34102 , ' . i Affidavit of Publication ' ' B Naples Daily News --------------------------------------------------+------------------------ VA.2(105-AR'8616 ' BOARD OF COUNTY COMMISSIONERS pu~9J'~~<:'NG CHERI LEFARA PO BOX 413016 ~\'~I~.~i' c~lve" NAPLES FL 34101- 3016 nommlssloners 9f ~ n:. {wCEoheunty, will hold a :4..... at ng on TUeJ. ....y. March 14, 2006 'In REFERENCE: 001230 113138312649110 ~~:ot~o:~~~~~rn.iltird 59176540 VA-2005-AR-8616NOTIC ~Ulld!llo, Co/fler COU~ 3.!!.Ylel.'!mentcenter , "" _t Tamlaml Trail' State of Florlda Naples, F/o.rlda, Tm; County of Collier ~e!~~ will .bellln at Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves I ~~,~ridv'1'!~88~s'der as Assistant Corporate Secretary of the Naples : 8616,DanleIHamJit,~' Daily News, a daily newspaper published at Naples, . ~~~~~~:r Davl~ in Collier County, Florida: that the attached I ~uest'n~ an ~f~~:t:;:: copy of advertising was published in said o~~f~%nzC~ for a sin. newspaper on dates listed. rent't under ~~ne t~~~: Affiant further says that the said Naples Daily ~;,a~~f:o~~ er~. News is a newspaper published at Naples, in said ane,e. The house :n: Collier County. Florida, and that the said f~~lt;:es, 2J feet Into newspaper has heretofore been continuously front ~~r~e se~b'~ci/og~ published in said Collier County, Florlda, each ~~~hskll! ,otthe day and has been entered as second class mail I ~ro~erty'con:/s~f~Jeg: matter at the post office in Naples, in said ~~sA~ocated at Collier County, Florida, for a period of 1 year ~on ~ T~~~ ~ next preceding the first publication of the ~V~e:-~eFI~El fasf, attached copy of advertisement i and affiant " un, orlcta. further says that she has neither paid nor fIn~1iloAlf ~fwlsh.. promised any person, firm or corporation any a~'~~~I.~1 discount, rebate~ comm~ssion or, refund for the ~n=to~ ~n~,! purpose of securlng thlS advertlsement for sentfiloilJ'tn& :o.~~. publiction in the said newspaper. I~~,~to..,. add rCi.$$!sed; b " U~lI speakers WIll em ..tol PUBLISHED ON: 02/26 02/26 g~na~hn!.1d1vG~ speak On behalf of an organization or, grouP Is en,couraoed. If recog. n zed by tbe Chair II sPokes.peuo,n fo,:,1I group or organ. '.za. tJon. maYbe afll)ttect l' l1illn AD SPACE: 11 0 .000 INCH ~tes.o sj).Ilt.6nt.n FILED ON: 02/27/06 em. . - - - - - - - -- -- - -- -- - - -- - -7 -- - -- -- - -- - - -- - - - - - -- - - - + - -- - - - -- - - - - - - - - - - - - - -Persons W.iSIl.....lno to , . ~ ~a;:e;r~:e~:rvs~~IC Slgnature of Afflant - ----- J the Board apl!ll!4 peek~ , -r/; - ~ ets must submit said , , material a m/nlml.lm Sworn to and Subscribed before me this ~. day of ~,-.e-)f- 20~ week/s prior to theO:e~ - ~ spect ve publiC heating. In an <:ale, written ma. Personally known by me -;l:ItiY't..lv-e.tfJ fl--<,,-~ ;J;r1-~A terlars Intended to be e! ro~l_ .. ~. - . ...shall. b....e...su.bm.'tt.ed t.o ,~~county ,:hblll'tf' . ,to the tltla' u":' f ma- tfonSbefQlle't "/86'Jd wJII. liecl)meo p'rma- ntnt IINlII~":lff:herecQi'lf. Any person who d~d- ,,".'~r"", es to appeal a decisIon "'o'!\"'!!~': H ,'. ' of the Board will netd ".,:" 1;., "~"~ ' v,~. an!et,8usnofl] record of the proc.ed~ ~,,: tJc'i ;:"; 1,1, "OMMISSION# DD23468' [)(nlnv Ings pertaining tllereto .,~;.~<~~~~.~~ '.'4" ..! I r;{~;" and .thereJore', iITIay "'1' ~', ,: 0";.' ." . I.", 1.00,' need to ensure thlllt a ",,,,,t,,. "'JNDWY'jRI' .,. verbatim record of'the ""', Iltr~CeedlngS Is I'!ilde, which record InckKle.s the testlmonyanet evl. dence upon Which the appeal Is based, BOARD OF 'COUN'TY COMMISISONERS CO L LI ERCOUNTY FLORIDA '...., ',' ~~~~K HAL~S,CHAI' DWIGHT E. BROCK CLERK ' By: Heidi R.', R,O C,.k .h. Old'j Deputy Clerk Feb.26 '" _. No, 1307959 0-_',--"_" *__,__",~__",_ ,~,,,",,,.._,.,_..,__., '__~___'___ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 78 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 01lice 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 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. Sandra Lea, Executive Secretary CDES 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 BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Carolina Valera, Principal Planner Phone Number 659-5729 Contact Agenda Date Item was March 14,2006 Agenda Item Number 7B Approved by the BCC Type of Document Resolution Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) l. 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 IJ) contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ?~~. Office and all other arties exce t the BCC Chairman and the Clerk to the Board I'} 3. The Chairman's signature line date has been entered as the date of BCC approval of the C.II. 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 nature 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. ~. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 03/14/06 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Iicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9,03,04, Revised 1,26,05, Revised 224,05 f ..... 78 MEMORANDUM Date: March 20, 2006 To: Carolina Valera, CDES Principal Planner From: Ann J ennej ohn, Deputy Clerk Minutes & Records Department Re: Resolution 2006-65 Enclosed please find one copy of the document, as referenced above, (Agenda Item #7B), approved by the Board of County Commissioners on March 14, 2006. If you should have any questions, please call 774-8406. Thank you. Enclosure _.,__~____._~'e'~___' -~".~ . _._--,-,- -. I 7B ! RESOLUTION 06 - 65 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER V A-2005-AR-8616, FOR AN AFTER-THE-FACT V ARIANCE TO REDUCE THE SIDE YARD REQUIREMENTS FROM 37.5 FEET TO 35 FEET, FOR PROPERTY LOCATED AT 4625 30th AVE. SE, LOCATED IN THE EST A TES (E) DISTRICT OF COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended), which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted Board of the area hereby affected, has held a public hearing after due notice made, with all interested parties having been given the opportunity to be heard by this Board in public meeting assembled, and the Board, having considered all matters presented, and having considered the advisability to reduce the front side yard from 37.5 feet to 35 feet, as shown on the attached plot plan, Exhibit A, in the E Zoning district for the subject property, has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by LDC Section 9.04.00. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that Petition V A-2005-AR-8616, filed by Davidson Engineering, Inc., representing Daniel Hamilton, with respect to the subject property hereinafter described as: Section 28, Township 49 South, Range 28 East, Unit 90, South Yz of Lot 74, Golden Gate Estates, Plat Book 5, Page 29, Collier County, Florida Folio No. 4144690103 Address: 4625 30th Ave. SE, Naples, Florida be and the same hereby is approved for a 2'6" variance from the front yard requirement of 37.5 feet to 35 feet as shown on the attached plot plan, Exhibit A, in the E Zoning District subject to the following conditions: 1. The variance granted is limited to the structure, depicted and more particularly described on attached plot plan, Exhibit A. 2. If the principal residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and 1 ~."--- ~';';t 78 accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2005-AR-8616 be recorded in the minutes of this Board. ~ 7n This Resolution adopted after motion, second and majority vote, this /If~ of et( e. h , 2006. ATTEST: BOARD OF ZONING APPEALS DWIGHT E.B~?CK, CLERK COLLIER COUNTY, FLORIDA By:fu.UJ.~~.OLl By: Co;:::? ~~ Frank Halas, ChaIrman . . , D~ y Clerk ~ttes.t.. tQ"1 11'1IIII' 1~9I'.t"" Oftl, -~~ v A-2005-AR-8616 Item # !JfL. Agenda~~ Date Date 3~ Rec'd . 2 ,--- . 7 B , BOUNDARY SURVEY I I I ~I I I7MCr 7~ I ffi.~1 I I ~ !-4 I ~ 640.0' i;St::)r - --- - ---- - ---- ---1 ~~ I I I ~ h I 10 F?EMAfNDCR b I _0 u'I tti ~ I I!! TRACT 74 !.!! · ~ I . (\(4CAN1) I w = ; ,....., I :fi f<<l D/l1\I'.O ::l: . 1Q1~ 58'9'40'50"[ f380.0'(P&IA) IS MIl) t; ~ .. . . q ?::- '0 ~I tlJ:O.O' .'SOU7H 1/2 b I!'i :: I~ :D- TRA~T 7' ~~" lj) - - 0\:5 - ---~~-- ----------~~---------- ~~ W ~~ ~'I; ~ '=! ~_~:g {;= . ~ _ JI_ _ _ _ eJ:O,O'_ _ _ _ __ _ HIlIl. ~ r ~ . 8 JO' ROJIl) E:A584ENT eeD.O' iii UH"PR~I) 1l00P liil % D Na9"40'. "'II 30th A VEM1E S.C. 6S0.0'(P&M) SEl- I r---------------, I I IRACr R, I .al1.0' .~ 10.0' .... b ") 1D a) " .. '" A.lll05-A&:If616 . ~.o' ~ PlIDJI:IT 12lOlJSllf)t)1O '" ...s DATE: 11'14105 N CAROLINA VALERA ENLARGED DETAIL FOOMOA TIOI\I 0......16.8' LEOENI)/A88RE\hAnONS mIlS $UR~ IS PREPND Fm: o ~,.-"'.~~, -a I"ftO fl..... ......., i'W 7,.!J (Mi'/JEJ. HAMIL TON qnd MtCHtLLE HAMIi.. TON ':;: fM.. 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HOD @J ~.}~/ Foundollon 6/15/05 F1.OOO IONE "tI" - PANEl.. 1 Z0087 04$0 D. ," '"" 100' B;AIaN.:lS e.r.sm Ctl Ptl'BlCAL a:HTf.5I1.Il4E 0It Scal!l': tel:ltO ea.tl....AIlD AS BElKO I\l;JO'U'Itn. Ptojeet NJQ. . G<lEijf+~ ni\'A1lOH$ 8,l.S[~ 00 H,t;,V.o. 1m r>,t.1Ut.I.. COf't)/ !- N<<1fOfJ, P,L. SI!1OIJ JJ(I i'tWsG1'll 801>*''''''<( SOlItlt Fa NJQ. 047 P. NOT '\'.AUlUNLES!> ":fIJ!1, Ftarlda :141 r7'-!l~4 ole!) No.. W~ €loUI OS!t:D WITH :sEtll (~~ .J(u-0>05~ O/lfc.tt GOP'I'R1OHT zo(JJ 8'1' a.4RiX. Co "''EL~ ",~, AU ~1S ~mA (2 .1fH-0047 F'QC~ EXHIBIT A .._._.,-"...._._-~-~ - ~_~"'H''''_'' '~"-'-_.~.- '.' .-a-Jt COLLIER COUNTY FLORIDA (i) REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Nonnallegal Advertisement o Other: (Display Adv., location, etc.) ********************************************************************************************************** Originating Deptl Div: CDES! Impact Fee Administration Person: Amy Patterson Date: February 27,2006 Petition No. (Unone, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. March 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 mE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE THREE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, mAT 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 "PARK IMPACT FEE UPDATE PREPARED FOR COLLIER COUNTY, FLORIDA"; AMENDING THE PARKS IMPACT FEE RATE SCHEDULE, AS SET FORm IN THE IMPACT FEE UPDATE STUDY; UPDATING mE ANNUAL MID-CYCLE INDEXING FOR THE PARKS 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. 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 d-d7-o6 Date List Attachments: I. 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 me: to o Requesting Division o 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 US~ ~ Date Received' Date of Public hearing~ Date Advertised: ~ h'_'~_" ....""-.>--<.-...-" _"'_'_e.._.._~~.......""~.._..."_,,..'~e'_'."_,_~~~_..--"__.'m._.~>~__, -- --...-- -.--.--...--. I' . 8 A ORDINANCE NO. 2006- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE THREE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACI' FEE ORDINANCE, NO. 2001-13, AS AMENDED, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "PARK IMPACT FEE UPDATE PREPARED FOR COLLIER COUNTY, FLORIDA"; AMENDING THE PARKS IMPACI' FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; UPDATING THE ANNUAL MID -CYCLE INDEXING FOR THE PARKS 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, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding 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 WHEREAS, on June 25, 2002, the Board of County Commissioners adopted Resolution No. 2002-304, amending the Collier County Consolidated Impact Fee Ordinance, thereby establishing the County's then applicable Parks Impact Fee rates; and WHEREAS, in accordance with Section 74-304 (g) of the Code, the Parks Impact Fee rates have been indexed by the "Consumer Price Index - Miami-Ft. Lauderdale MSA, FL, All Items" as reported by the United States Bureau of Labor Statistics, thereby establishing the rates that are currently in effect; 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 Duncan Associates in association with Dr. James C. Nicholas (the "Consultants"), to review the existing Park Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultant has prepared an impact fee study, entitled "Park Impact Fee Update prepared for Collier County, Florida," dated January 18, 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 Park Impact Fee rate schedule, as set forth in Schedule Three of Appendix "AU of Chapter 74 of the Collier COWlty Code of Laws and Ordinances; and ~ text j. added; 8...,10 ~""I!h text iJ deleted ----"--.,.,....--........,,... -_._-_.~._-- I 8 A I lit\$-. 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 infrastructw'e impacts created by commercial and residential land uses; and WHEREAS, the Consultant has reviewed and updated 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 Park 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. *** (3) Parks and recreational facilities: ''Impaet Fees fer Perlis 118S R~ereaQeB&l Faeilities fer Cellier Celll1ty, FIeAs,,-" pMpllf4lS BY }.I_seRen, YelHlg & CeRlflllBY (Marek 1&, 1999); "Park Impact Fee Update prepared for Collier County, Florida," prepared by Duncan Associates in association with Dr. James C. Nicholas (January 18,2006); *** SECfION TWO. Article ill, Special Requirements for Specific Types of Impact Fees, Section 74-304, Same - Parks and recreation impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-304. Same - Parks and recreation impact fee. *** (g) Annual mid-cycle parks and recreational facilities impact fee rate indexing. Collier County Resolution No. 2002-304, adopted June 25, 2002, established a parks and recreational facilities impact fee rate schedule three-year update program, which commenced on June 25, 2002, pursuant to subsections 74-201(b) and 74-502(a) of this chapter. Is eaek af the w/a aHS eyele yeQfS (llet>::e- 1Ae fefIBBl diree)'ilaF lipElatesj ailS BllginBiBg eQn or about 1\Ul8 2i, 2QQJ Mav 15 of each of the two mid- years between utxlates. the county shall implement indexing adjustments to each parks alia rearelltieMl fBeiliiies impact fee amount. BY R1tHftplf.ftg taB taeB 9tiR'8Bt impaet fu., rates by Q ihelieB, tae __tal af '.vm.eh ~ text .. added; i_II...... leX! i. deleted Plae 2 of6 I I ,.---.-- I B A ..... sBallbe die "CElBlMllBer PRel HullX Mi_ Ft louderdale M8A, FL, :\11 Itemll," 811 repertle. by.e UBit_ States 8UfNll eflMer 8teaoRes, fer di. Blest reeellt "mea far 'll'ffiek BglJflS en Qtlll! llvaillillll, Ea die 90ReHHBatar Bf w1Hek _tieR sBalllle "CaBiWBer Pfiee IndeK Miami Ft. L&lMier9a1e MS:\, FL, .Yl 11_." B8 r""afted BY the UBi1_ Stetes 8tlAl8R af LaBer Statis1ies, fer eRe year "fier te die "med speeHi..d is die B1:HBSf8tar. The develQDment cost component of the fee. which is 38 oercent of the total community Dark fee and 7 percent of the total re~onal oark fee shall be adjusted by the chanlZe in the national Enfineerinv News Record Construction Cost Index over the most recent twelve-month period for which the data is available. The land cost comDonent of the fee. which is 62 oercent of the total community Dark fee and 93 oercent of the total regional Dark fee. shall be adiusted based on the percentage change in the county-wide iust land values over the most recent twelve--month Deriod for which data is available from the Collier County PrOJlcrtv Aooraiser. orovided that the total increase in the land comDonent in any year shall not exceed IS Dercent. 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 THREE. 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 FOUR. 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 FIVE. EFFECTIVE DATE. This Ordinance shall be effective May IS, 2006, subject to filing with the Florida Department of State. J.lIllIadiDrd lC><1 i. oddod; SlnI.k 1Iw...... text is del_ pase 3 of6 ~.._,..~..- t, t 8 A PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of ,2006. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA By: By: . Deputy Clerk FRANK HALAS, Chainnan l!D!IlIIlillm text i. odded; ~_k 1Iwo... text iI deleted Paa<> 4 of 6 --^-'"-'-- N' 8 "or: ., APPENDIX A SCHEDULE TiIREE: PARKS AND RECREATIONAL FACILITIES IMPACf FEE RATE SCHEDULE CelBllMlaity Parisi KegilJBIIl Ce.hiRed Tetlll Per IhnlliBr: Uait IItHrlw Fee Per DwelUBg PElr DwelUBr; Uait \1tti$ LllIad Yee (UaiReel'perlllted (Cellaty (UBiBeef'JJerlllted -APeBt wide) AFee} 8i:Bgl.ePamily De~aee less t8aB 1,800 ~ ~ $1,263.83 tJtt--ft.: 1,8QQ 3,90Q '*1. ~ ~ $I,643.QI! i\,- Mere than 3,QQQ $9+-h+G $%9.M $1,941.35 tJtt--ft.: Mwa fem.ily Lese t8aB 1,000 ~ ~ $ 995.28 tJtt--ft.: 1,9QQ 1,700 Sli. ~ ~ $1,122.38 i\,- MeM tltiia 1,700 ~ ~ $1,133.13 ~ Maeile RemefRV ~ ~ $1,371.33 PlIfk (pad) Hetel'M:eM ~ ~ S 8QU3 (Reemj COMMUNITY PARKS (Calculated 00 LiviD!! Areal; LAND USE; RATE ~ SINGLE-FAMILY DETACHED; Less than 1.500 so. ft. ~ Dwelling Unit 1.500 to 2.499 so. ft. $1.027 Dwelling Unit 2.500 sa. ft. or more ll.!.li Dwellinll Unit MULTI-FAMILY $750 Dwelling Unit MOBILE HOMEIRV PARK $924 Pad HOTEIJMOTEL $503 B2.2m llD.!IaliIIGl text i. lidded; 8....10 1ilf..p text ii deleted Pose 5 of6 I 8 APPENDIX A SCHEDULE THREE: pARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE (cont'd) REGIONAL PARKS (Calculated on LIvID!! Area): LAND USE: MIl.. ~ SINGLE-FAMILY DETACHED: Less than 1.500 sa. ft. $2.068 Dwellinl!. Unit !.~OO to 2.499 SQ. ft. $2.272 Dwellinl!: Unit 2.500 SQ. ft. or more $2.476 Dwellinl!. Unit ~TI-FAMILY ~ Dwellinl!. Utili M9BILE HOMEIRV pARK S2.045 ~ HOTELIMOTEL tL.ill. Room Note: Community Parks hnpact Fees do not apply to the City of Naples, City of Marco Island and Everglades City. FaMe Mil R~ereatieaal Feeilities Impeet Feee are 'ell8ell as 1he ",ABa area efthe epeeiBllil Iilll. , I \ \ ~ _ it oddod; G1III,1, ......... ""'I it d.lo1ed Page 6 of6 t 8 t.- February 28, 2006 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Parks Impact Fee Dear Legals: Please advertise the above referenced petition on Friday, March 3, 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 #131-138902-649100 "'.-- . ... 8 A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 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 title of the proposed Ordinance lS as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE THREE 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 "PARK IMPACT FEE UPDATE PREPARED FOR COLLIER COUNTY, FLORIDA"; AMENDING THE PARKS IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; UPDATING THE ANNUAL MID-CYCLE INDEXING FOR THE PARKS 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. 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 ",.-.-.-- 8 A DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) ...--.--- . 8 A Ann P. Jennejohn To: legals@naplesnews.com Subject: Parks Impact Fee Attachments: Amends 2001-13.doc; Amends 2001-13.doc Good Morning! Please advertise the attached on Friday, March 3, 2006. Amends Amends Thanks, WOl-13.doc (22 KB: WOl-13.doc (22 KB Ann 1 -..-- tl. 8 A Ann P. Jennejohn ..... From: ClerkPostmaster Sent: Tuesday, February 28, 2006 12:40 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT647225.txt; Parks Impact Fee [J B ., ATT647225.txt Parks Impact Fee (229 B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 ~.,.._---"-_.- .----- Parks Impact Fee Page 1 of 1 I 8 A ...~(- Ann P. Jennejohn ~~~~'Y~~_'~~~~_~_~_'~~~_~~_~_~~'__'_'~~'___'.~'_~^~_'^"^___'~_~_u^"_~vm_~~~~~~~~~..~_~__^~~~~~~,~~_____._,~~_,_~~,~~ From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Tuesday, February 28, 2006 1 :36 PM To: Ann P. Jennejohn Subject: RE: Parks Impact Fee OK -----Original Message----- From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collier.fl.us] Sent: Tuesday, February 28, 2006 12:40 PM To: legals@naplesnews.com Subject: Parks Impact Fee Good Morning! Please advertise the attached on Friday, March 3, 2006. Thanks, <<Amends 2001-13.doc>> <<Amends 2001-13.doc>> Ann 2/28/2006 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8A 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 IfW: 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 exc tion of the Chairman's si ature, draw a line thrau routin lines # 1 throu #4,co lete the checklist, and forward to Sue Filson ine #5 . Office Initials ,Scud ( 0.. If(t Cl)E~S AJW\ l(ll~ tr~iiD " 2. 3. I 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. Name of Primary Staff Phone Number Contact Agenda Date Item was Agenda Item Number A roved b the BCC Type of Document Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a r 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 Af by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ssibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's rJA Office and all other arties exc 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 ~f si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aw e of our deadlines! 6. The document was approved by the BCC on 'L ~ nter date) and all changes made during the meeting have been incorporat in he attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 '"r"~",,"''''.__~'''~'.<'' .., " '~'''.'''''''''"''''.''"""",~",,,',,,.,'',",,,,,,,,'-''",.'''"''",-~",-''",~"',_.'"","'''''''_'''',,,,,,,,,,,_'''''''--,",'-'~-''''-'''---,."=,~...~.."",..~",...",..~..-,,,,,...-~ 8A ORDINANCE NO. 2006- 11 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE THREE 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 IMP ACT FEE STUDY ENTITLED "PARK IMPACT FEE UPDATE PREPARED FOR COLLIER COUNTY, FLORIDA"; AMENDING THE PARKS IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY; UPDATING THE ANNUAL MID -CYCLE INDEXING FOR THE PARKS 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 MAY 15, 2006. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding 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 WHEREAS, on June 25, 2002, the Board of County Commissioners adopted Resolution No. 2002-304, amending the Collier County Consolidated Impact Fee Ordinance, thereby establishing the County's then applicable Parks Impact Fee rates; and WHEREAS, in accordance with Section 74-304 (g) of the Code, the Parks Impact Fee rates have been indexed by the "Consumer Price Index - Miami-Ft. Lauderdale MSA, FL, All Items" as reported by the United States Bureau of Labor Statistics, thereby establishing the rates that are currently in effect; 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 Duncan Associates in association with Dr. James C. Nicholas (the "Consultants"), to review the existing Park Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, the Consultant has prepared an impact fee study, entitled "Park Impact Fee Update prepared for Collier County, Florida," dated January 18, 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 Park Impact Fee rate schedule, as set forth in Schedule Three of Appendix "A" of Chapter 74 of the Collier County Code of Laws and Ordinances; and Underlined text is added; Slnlale tRfBlIgfl text is deleted SA 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 WHEREAS, the Consultant has reviewed and updated 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 Park 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. *** (3) Parks and recreational facilities: ''Impact Fees for Parks and Reereational Facilities for Collier COlUlty, Florida," prepared by HeFlderson, Y ooog & Company (Mareh 1&, 1999); "Park Impact Fee Update prepared for Collier County, Florida," prepared by Duncan Associates in association with Dr. James C. Nicholas (January 18,2006); *** SECTION TWO. Article III, Special Requirements for Specific Types of Impact Fees, Section 74-304, Same - Parks and recreation impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-304. Same - Parks and recreation impact fee. *** (g) Annual mid-cycle parks and recreational facilities impact fee rate indexing. Collier County Resolution No. 2002-304, adopted June 25, 2002, established a parks and recreational facilities impact fee rate schedule three-year update program, which commenced on June 25,2002, pursuant to subsections 74-201 (b) and 74-502(a) of this chapter. In each of the two mid eycle years (betv,'een the formal tIn-ee year 1:lf>dates) and beginning eOn or about June 25, 2003 May 15 of each of the two mid- years between updates, the county shall implement indexing adjustments to each parks and recreational facilities impact fee amount. by ml:lltiplyiBg the then el:lrreB-t impact f-ee rates by a fraction, the lRmlerator of Vt41ich Underlined text is added; Strllel, lflF811gk text is deleted Page 2 of6 SA shall be the "Consumer Price Index Miami Ft. Laudocdale MS.^~, FL, All Items," as reported by the URited States Bareau of Labor Statisties, for the most recent period for vlhieh figures are then twailable, and the denominator of whieh fraotion shall be "Consl:lffi:er Price Index Miami Ft. La1:lderdale MSi\, FL, .^JI Items," as reported by the United States Bureau of Labor Statistios, for one year prior to the period speeified in the numerator. The development cost component of the fee. which is 38 percent of the total community park fee and 7 percent of the total regional park fee shall be adiusted by the change in the national Engineerinf! News Record Construction Cost Index over the most recent twelve-month period for which the data is available. The land cost component of the fee. which is 62 percent of the total community park fee and 93 percent of the total regional park fee. shall be adiusted based on the percentage change in the county-wide iust land values over the most recent twelve-month period for which data is available from the Collier County Property Appraiser. provided that the total increase in the land component in any year shall not exceed 15 percent. 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 THREE. 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 FOUR. 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 FIVE. EFFECTIVE DATE. This Ordinance shall be effective May 15, 2006, subject to filing with the Florida Department of State. Underlined text is added; St;rllel, tRFBlIgil text is deleted Page 3 of6 -_._"...~ SA PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of Jv1a([ h ,2006. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk OF COLLIER COUNTY, FLORIDA . ~.~ ~~ r; ti ~~~/ ., By: tJ(. By: ~ , FRANK HALAS, Chairman ...c gal sufficiency: Underlined text is added; Stf\lel( tRrollgll text is deleted Page 4 of6 . h____._~____..,,_.,~.,...._..~ , 8A APPENDIX A SCHEDULE THREE: PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE Commoaity Parks RegioBal Combiaed Total Per Dwelliag UBit P&Fks Fee Per DwelliBg Per DwelliBg Uait YBit LaBd Use (UBiBeorporated (COOBty (UBiBeorporated AFeat wide) AFeat Siagle Family Detaehed Less than 1, 8 00 $632.43 $631. 40 $1,263.83 ~ 1,800 3,000 sq. $822.05 $821.03 $1,643.08 ft.o More than 3,000 $971.70 $969.65 $1,941.35 ~ Multi family Less than I, 000 $498.15 $497.13 $ 995.28 ~ 1,000 1,700 sq. $561.70 $560.68 $1,122.38 ft.o More than 1,700 $727.75 $725. 70 $1,453.45 ~ Mobile Home/R V $687.78 $686.75 $1,374.53 Park (Pad) HotellMotel $102.83 ~ $ 804.63 (Room) COMMUNITY PARKS (Calculated OD LiviD!! Area): LAND USE: RATE PER SINGLE-FAMIL Y DETACHED: Less than 1.500 sq. ft. $935 Dwelling Unit 1.500 to 2.499 SQ. ft. $1.027 Dwelling Unit 2,500 SQ. ft. or more $1.119 Dwelling Unit MULTI-FAMILY $750 Dwelling Unit MOBILE HOME/RV PARK $924 Pad HOTELIMOTEL $503 Room Underlined text is added; Sa-lIsl, tArellgh text is deleted Page 5 of6 --_.<..-....".,.____"'__w~".., ~. SA 1 APPENDIX A SCHEDULE THREE: PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE (coDt'd) REGIONAL PARKS (Calculated on LiviD!! Area): LAND USE: RATE PER SINGLE-FAMILY DETACHED: Less than 1.500 Sq. ft. $2.068 Dwelling Unit 1.500 to 2.499 sq. ft. $2.272 Dwelling Unit 2.500 Sq. ft. or more $2.476 Dwelling Unit MUL TI-FAMIL Y $1.659 Dwelling Unit MOBILE HOME/RV PARK $2.045 Pad HOTEL/MOTEL $1.113 Room Note: Community Parks Impact Fees do Dot apply to the City of Naples, City of Marco Island and Everglades City. Parks and Reereational Faeilities Impaet Fees Me based on the li"liBg area ofthe speeified use. Underlined text is added; Slrlle], tArsl,Igfl text is deleted Page 6 of6 "-_..._,..<- - . ~---"-"""--"'-'"......~ SA 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 2006-11 Which was adopted by the Board of County Commissioners on the 14th day of March, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day of March, 2006. DWIGHT E. BROCK Clerk of Courts ~rrd 'Clerk Ex-officio to Board of County CommigsioIl.ers . telL. Q. G]!O~iiJ, tiJC ( J '. . u' I ' . ' 1: Heidi R. Roc~hol~, Deputy Clerk ~ -----~~~,..,..^-_._.~. - - "_._,.- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip ,md original documents arc to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 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 sig;nature. draw a line through routing lines # I through #4, complete the checklist. and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact stafl for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was March ] 4, 2006 Agenda Item Number 9A Approved by the BCC Type of Document Reso]ution Number of Original ] Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed (g) 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 ossib] State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A 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 of BCC 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 nature and initials are re uired. 5. ]n most cases (some contracts are an exception), the original document and this routing slip 6; should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! 6. 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 Iica ble. \: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2006-60 9A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT SABINA ANGELA M USCI TO THE ANIMAL SERVICES ADVISORY BOARD. WHEREAS, on January 27, 2004, the Board of County Commissioners adopted Collier County Ordinance No. 2004-06, establishing the Animal Services Advisory Board; and WHEREAS, Ordinance No. 2004-06 provides that the Animal Services Advisory Board shall consist of seven (7) members; and WHEREAS, there is currently a vacancy on this Board in the At-Large category; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Animal Services Advisory Board has provided the Board of County Commissioners with its recommendation for appointment to their Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS OF COLLIER COUN1Y, FLORIDA, that Sabina Angela Musci is hereby appointed under the At-Large category to the Animal Services Advisory Board for a four year term, said term to expire on April 13, 2010. This Resolution adopted after motion, second and majority vote. DATED: March 14, 2006 ATTEST: .'. _ BOARD OF COUN1Y COMMISSIONERS DWIGHT:E. BR,.oCK.I: Clerk COLLIER COUN1Y, FLORIDA ,- . "I' ~ ~~ ., .-, By: .."," ~ ../' FRANK HALAS, Chairman . '. Approved as to form and legal sufficiency: David C. Weigel County Attorney Item# ~ Agenda ~ Date Date a ~ aD -do Rec'd ( ~ ILt..L... puty CI@k ---..---..........-.-....----.-------.-------.. -.,-. .-.." ORIGINAL DOCUMENTS CHECKLIST & ROU~ING SLI~ , 9 . B 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 exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was March 14,2006 Agenda Item Number 9B Approved by the BCC Type of Document Resolution Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, CV resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on (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. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ~~.".~...."." _._'___"....,."_,_...._.,"''''',~,,.,'''',.'.__'..;..,.;"''',____.......""~."'.".d;""''^~''._.;_,..,.''''_,',.,.,,,..,,~,.,>;,,...,,........"....."',q.,;'.....'...",..",_.,,,,"".......','._"'.,.,'"',.._"~....IF.....~.'''''..'"~"..,''',___'''.i_'.."''''_..''''._,._,,_.........,_.'''..........,.'..',.."-'.' .-,,-. ....,,~..__.... 98 RESOLUTION NO. 2006-61 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA, TO REAPPOINT SUSAN M. BECKER TO THE TOURIST DEVELOPMENT COUNCIL. WHEREAS, Collier County Ordinance No. 92-18, as amended, created the Tourist Development Council and provides that the Council shall be composed of nine (9) voting members pursuant to Section 125.0104(4)(e), Florida Statutes; and WHEREAS, the term of one (1) members will expire creating a vacancy on this Board under the categories of Non-OwnerjNon-Operator; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Tourist Development Council has provided the Board of County Commissioners with its recommendations for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Susan M. Becker, representing the category of Non-OwnerjNon-Operator, is hereby appointed to the Tourist Development Council for a 4 year term, said term to expire on April 21, 2010. This Resolution adopted after motion, second and majority vote. DATED: March 14, 2006 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC,K, Clerk COLLIER COUNTY, FLORIDA . /.., . '.tVA" . }~~ By: ~>~". ,. '.. . ',.." D~:~~ .,~J'~ (}C__ ';,' "'\' " ,,' >' '",: "='~ :: FRANK HALAS, Chairman ~' lttMt. ri,~.~t.... , ..1 QMtut'f\ 6nl", Appro.vedas to form and legal sufficiency: J ~ 611, "lI- David c. Weigel County Attorney t",._-.:. Item # C1b Agenda ~"'l L\-(jo Date Date '3 "lb-tJo Rec'd . _...~_^._____..______~_~,...._,'_______.~u_~"._~__~ ,~.~-^ _.~~...""._._--"..--..- --~--~~--",-""-*,,,~-'-^'-" ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE C Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftlce. 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 exceotion of the Chairman's signature, draw a line through routing lines # 1 throucll #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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attorney's Office Agenda Date Item was March 14, 2006 Agenda Item Number 9C Approved by the BCC Type of Document Resolution Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, W resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A 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 of BCC 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 nature 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 -_........~_.~. ^.__~_,.._...___"_,___,'.'"'......._" ."'_"""'_""""'~';"'''.' ....__... ......__.>>..' _. ..___._,._..'8ol>_.__._u.......__"'._._,,_...__._.< -.._.. ~-,,- ~- 9 C RESOLUTION NO. 200f>-62 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO CONFIRM THE APPOINTMENT OF AND REAPPOINT ERIC D. GUITE TO THE CONTRACTORS' LICENSING BOARD. WHEREAS, Collier County Ordinance No. 90-105, as amended, created the Contractors' Licensing Board and provides that the Board shall be composed of nine (9) members appointed by the Board of County Commissioners with a minimum of two (2) members residing within the corporate city limits of Naples and/or the City of Marco Island, or recommended to the Board by the Naples City Council and/or the City Council of the City of Marco Island; and WHEREAS, on June 8, 1999, as required by Section 489.131(10), Florida Statutes, the Board of County Commissioners adopted Ordinance No. 99-45, amending Ordinance No. 90-105, to include at least 3 members that qualify as consumer representatives; and WHEREAS, on June 30, 2005, the term of Eric D. Guite expired creating a vacancy on this Board for the City of Naples; and WHEREAS, on March 1, 2006, the Council of the City of Naples adopted Resolution No. 2006-11151 to recommend that the Board of County Commissioners reappoint Eric D. Guite to the Contractors' Licensing Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Eric D. Guite is hereby confirmed and reappointed under the City of Naples category to the Contractors' Licensing Board for a 3 year term, said term to expire on February 28, 2009. This Resolution adopted after motion, second and majority vote. DATED: March 14, 2006 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ) ~.~ ~i:~.~~{).(. By: .?~~g/ At". t DeDU. C ,.' '.. . "! FRANK HALAS, Chairman ~, I' CQ, ',., '., " s... signature onl..'!;1 \\<,/' . ., " /,.. . Approved as to form and legal sufficiency: Item # gG David C. Weigel Agenda ~ County Attorney Date Date 3~20-tk Rec'd - - - --------.-.....---.-.--- -",,_.......................- ._--~-'- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 0 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 exception of the Chairman's signature, draw a line through routinll: 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 information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact County Attornev's Office Agenda Date Item was March 14, 2006 Agenda Item Number 9D Approved bv the BCC Type of Document Resolution Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed @ by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip W 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! 6. The document was approved by the BCC on (enter date) and aU changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a lica ble. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ---" ,. r....."'..'""...."''''''~_"..'.'--.~_._,...,'_,'''....,,....'''_;_H,.".^'~''''''''''"'''''''''__'.'I&l.'_'_''__'_-_~_'''~''''''''ol!'___''_"'"'_.'' .._...-_,~...,.,...-~_..--~.,_....._. 90 RESOLUTION NO. 2006-63 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT SHARON KENNY TO THE HISTORICI ARCHAEOLOGICAL PRESERVATION BOARD WHEREAS, Collier County Ordinance No. 91-70 created the Historic/Archaeological Preservation Board and provides that the County Commission shall appoint seven (7) members to the Historic/Archaeological Preservation Board; 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 Historic/Archaeological Preservation Board has submitted to the Board of County Commissioners its recommendation for appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Sharon Kenny, representing the category of Historic Preservation, is hereby appointed to the Historic/Archaeological Preservation Board to fulfill the remainder of the vacant term, said term to expire on October 1, 2006. This Resolution adopted after motion, second and majority vote. ATED: March 14, 2006 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ,) , By: .:::::".> ~ ./ ' ... ~ "~V ..~. (J.t. AtteiiEUJ.., .,.., FRANK HALAS, Chairman s 1 on.t......:Oill~: :-; Approved as to fonil and le~~ David C. Weigel County Attorney Item# eft) Agendaa --\ '-\ .....D\o Date ~:d 3 '[ [) --Q~ 0A~~ D~P Clerk lOA DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 tr' ORIGINAL DOCUMENTS CHECKLIST & ROUtING SLI.t 10 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) l. 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Margaret Bishop Phone Number (239) 213-5857 Contact Agenda Date Item was 3/14/06 Agenda Item Number lOB Approved by the BCC Type of Document NRCS Project Agreement Number of Original 2 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) l. 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, >>4.~ 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 /xtI''d Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the ~~ document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~~ signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. 'IN. -tS Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 3/14/06 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office /J1a ~ has reviewed the changes, if applicable. I: Formsl County Formsl BCC Forms! Original Documents Routing Slip WWS Original 9.03.04 llOB STATE: Florida PROJECT: 125046 AGREEMENT NO.: 69-4209-6-1617 UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROJECT AGREEMENT LOCALL Y LED CONTRACTING THIS AGREEMENT is hereby entered into by and between the Collier County Board of County Commissioners hereinafter called the Sponsor; and the Natural Resources Conservation Service, United States Department of Agriculture, hereinafter called NRCS. WITNESSETH THAT: WHEREAS, under the provisions of Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95-334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed, and WHEREAS, NRCS and the Sponsor agree to install emergency watershed protection measures to relieve hazards and damages created by Hurricane Wilma. NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsor and NRCS do hereby agree as follows: A. It is agreed that the following-described work is to be constructed at an estimated cost not to exceed $1,605,000.00. Location Description DSR No. Collier County Waterways Remove debris to prevent flooding and and repair CO-OO 1 W banks to prevent erosion. B. THE SPONSOR WILL: 1. Provide for accomplishment of the works of improvement described in Section A and provide for their completion within 180 days from the time that this agreement is executed and a notice to proceed is received. The Sponsor shall provide NRCS a copy of any solicitation (Invitation for Bids, Request for Quotations, etc.), bid abstract, and awarded contract, or other basis of cost and accomplishment. 2. Provide cash contribution for any portion of the required 25% of the actual cost of constructing the emergency watershed protection measures described in Section A not provided by in-kind construction services described in B.3. 3. If approved by NRCS, the sponsor may provide in-kind construction services (materials, labor, and equipment). The Sponsor shall develop a Plan of Operation for all in-kind construction services performed. The Plan of Operation shall be submitted I . _.<" "e+~~ "-'"-"'-<<~--".'"-~"~'". ..,.....,._-~."..,---,.,..~ Ih lOB to NRCS for approval prior to commencement of construction. The maximum value of all in-kind construction services shall not exceed $150,000 or 25 percent (whichever is less) of the total actual cost of the works of improvements described in Section A and in accordance with Section BA of this agreement. In-kind construction services shall not exceed published FEMA rates unless otherwise documented and concurred by NRCS. In-kind services will not be reimbursed for in-kind construction services provided by the Sponsor. 4. Actual cost of construction will consist of contracts awarded to contractors plus eligible Sponsor in-kind construction services of materials, labor, and equipment. The Sponsor shall provide NRCS records to support costs incurred by the Sponsor. 5. Provide in-kind technical services (survey the site, design the project, develop engineering plans and specifications, let and administer contracts, and inspect work performed). The maximum value of in-kind technical services that will be reimbursed to the Sponsor will not exceed 7.5 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and in accordance with Section BA of this agreement. 6. Acquire needed real property rights (land and water), permits, and licenses in accordance with State and Federal laws at no cost to NRCS. Provide certification (signed NRCS-ADS-78) that real property rights have been obtained for works of improvement described in Section A supported by an attorney's opinion attached thereto. Certification shall be provided to NRCS prior to solicitation for installation of the works of improvement. 7. Accept all financial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaining adequate land and water rights, permits, and licenses needed for the work described in Section A. 8. Take reasonable and necessary actions, including legal action, if required, to dispose of any and all contractual and administrative issues arising out of the contract(s) awarded under this agreement to include but not be limited to, disputes, claims, protests of award, source evaluation, and litigation that may result from the project, and bringing suit to collect from the contractor any moneys due in connection with the contract. Any monies collected will be distributed to the parties in the same ratio as contributions are made. 9. Comply with the requirements of the provisions included in Attachment A to this agreement. If applicable, complete the attached "Clean Air and Water Certification" included in Attachment A. 10. Hold a pre-design conference with the Sponsor, Sponsor's design engineer, and NRCS. The design conference shall set forth design parameters concurred by both the Sponsor and NRCS. 11. Prior to commencement of work and/or solicitation of bids, submit for NRCS review, the preliminary design, construction specifications, and drawings prepared in accordance with standard engineering principles and design parameters set forth in the pre-design conference. 12. Prior to commencement of work and/or solicitation of bids, submit for NRCS review the Quality Assurance Plan (QAP). The QAP shall outline technical and administrative expertise required to ensure the works of improvement are installed in accordance with 2 .~.,----. -_.-'-,""~>-' ~ -~--~ ...11... _"~< .. lOB the plans and specifications, identify individuals with the expertise, describe items to be inspected, list equipment required for inspection, outline the frequency and timing of inspection (continuous or periodic), outline inspection procedures, and record keeping requirements. 13. Upon receiving comments from NRCS, prepare the final design, construction specifications, and drawings in accordance with standard engineering principles, design parameters set forth in the pre-design conference, and the QAP. One set of the final plans, specifications and QAP shall be submitted to NRCS for final review and concurrence prior to solicitation of bids and/or commencement of work. The final construction plans and specifications shall be signed and sealed approved by a Professional Engineer registered in the State of Florida. 14. Provide construction inspection in accordance with the QAP. 15. Provide copies of site maps to appropriate Federal and State agencies for environmental review. Sponsor will notify NRCS of environmental clearance, modification of construction plans, or any unresolved concerns as well as copies of all permits, licenses, and other documents required by Federal, State, and local statutes and ordinances prior to solicitation for installation of the works of improvement. All modifications to the plans and specifications shall be reviewed and concurred in by NRCS. 16. Ensure that any special requirements for compliance with environmental and/or cultural resource laws are incorporated into the project. 17. Designate an individual to serve as liaison between the Sponsor and NRCS, listing his or her duties, responsibilities, and authorities. Furnish this information in writing to NRCS. 18. Ensure that all contracts for design and construction services will be procured in accordance with procedures prescribed in the Code of Florida and Federal regulations applicable to the Sponsor, including the provisions contained in Attachment B to this agreement. 19. Arrange for and conduct final inspection of the works of improvement. The NRCS Liaison, the Sponsor Liaison, and the Sponsor's design engineer shall participate in the final inspection. A Professional Engineer registered in the State of Florida furnished by the Sponsor shall certify that the project was installed in accordance with contractual requirements. 20. For structural measures, prepare and submit for approval an Operation and Maintenance Plan prior to completion of construction. Upon completion of the work, the Sponsor shall assume responsibility for operation and maintenance of the works of improvement installed. 21. If needed, upon completion of emergency protection measures and the elimination of the threat, take action to bring the measures up to reasonable standards by other means and/or authority. Unless the measures are brought up to reasonable standards, the sponsor will not be eligible for future funding under the Emergency Watershed Protection program. 22. Provide final as-built drawings and quantities to NRCS. As-built drawings and quantities shall be certified by the engineer furnished by the Sponsor. The engineer furnished by the Sponsor shall certify final quantities. 3 )_.,~,.._- " "._'.~.. ...' lOB 23. Pay the contractor as provided in the contract(s). Submit billings for reimbursement to NRCS on Form SF-270, Request for Advance or Reimbursement. 24. Administer their action under this agreement in accordance with 7 CFR 3015, 7 CFR 3016, OMB Circulars A-102, A-87, A-133, and other rules referenced in 7-CFR 3015. 25. Comply with the nondiscrimination provisions of the Equal Opportunity clause and the Notice to Contracting Local Organizations of the Requirement for Certifications of Nonsegregated Facilities clause, Form SCS-AS-83, attached hereto as Attachment B. 26. Hold and save NRCS free from any and all claims or causes of action whatsoever resulting from the obligations undertaken by the Sponsor under this agreement or resulting from the work provided for in this agreement. Retain all records dealing with the award and administration ofcontract(s) for 3 years from the date of the sponsor's submission of the FINAL Request for Reimbursement or until final audit findings have been resolved, whichever is longer. If any litigation is started before the expiration of the 3-year period, the records are to be retained until the litigation is resolved or the end of the 3-year period, whichever is longer. Make such records available to the Comptroller General of the United States or his or her duly authorized representative and accredited representatives of the U.S. Department of Agriculture or cognizant audit agency for the purpose of making audit, examination, excerpts, and transcripts. Be responsible for all administrative expenses (including but shall not be limited to facilities, clerical expenses), and legal counsel necessary including the fees of such attorney or attorneys deemed necessary by NRCS to resolve any legal matters. 27. Provide 100 percent of the costs of works of improvement not eligible for federal cost share. 28. Complete all required work under this agreement, including but not limited to construction of works of improvement, final inspection, payment of all contractors, submissions of as-builts and final quantities, etc. C. NRCS WILL: 1. Provide 75 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and computed as described in B.4. 2. Provide the value of the Sponsor in-kind technical services not to exceed 7.5 percent of the actual cost of constructing the emergency watershed protection measures described in Section A and computed as described in B.4. 3. Assist Sponsor and Sponsor's engineer establish design parameters and approve and concur in same as set forth in Section B.I O. 4. Not be substantially involved with the technical or contractual administration of this agreement, but will provide advice and counsel as needed. 5. Make payment to the Sponsor covering NRCS's share of the cost, upon receipt and approval of Form SF-270, Request for Advance or Reimbursement, with supporting documentation. 6. Upon notification of the completion of construction, NRCS shall promptly review the performance of Sponsor to determine if it has met the requirements of this agreement and fund expenditures as agreed. 4 ,~ ^"'> '^ ~ ~ '."""- _...~ --",..."..-. "- lOB 7. Designate an individual to serve as liaison between the NRCS and the Sponsor. The major duties, responsibilities and authorities of the liaison will be to review and concur with specifications and drawings for the works of improvement described in Section A, assist in the final inspection of the works of improvement, certify along with the Sponsor's Professional Engineer when all work has been completed according to the specifications and drawings, and review the SF -270 and supporting documents, approve, sign, and submit the SF-270 and supporting documents to NRCS for reimbursement to the Sponsor. 8. Review, comment and concur on draft and final plans, specifications, and QAP as described in Sections B.II, B.l2 and B.l3. D. IT IS MUTUALLY AGREED: l. This agreement shall become null and void 90 calendar days after the date NRCS has executed this agreement if a solicitation for bids has not been publicly advertised or a contract has not been awarded. 2. This agreement shall be effective upon signature by NRCS. All work required under this agreement shall be completed in accordance with RI. 3. That each party shall review, comment, and concur with the construction plans, specifications, and quality assurance plans as identified in Sections RII, B.12 and Rl3 of this agreement. 4. Upon notification from the Sponsor of the completion of construction, NRCS shall promptly review the performance of the Sponsor to determine if the requirements of this agreement have been met. 5. The furnishing of financial and other assistance by NRCS is contingent on the availability of funds appropriated by Congress from which payment may be made and shall not obligate NRCS upon failure of the Congress to appropriate funds. 6. NRCS may terminate this agreement in whole or in part when it is determined by NRCS that the Sponsors have failed to comply with any of the conditions of this agreement. NRCS shall promptly notify the Sponsor in writing of the determination and reasons for the termination, together with the effective date. Payments or recoveries made by NRCS under this termination shall be in accordance with the legal rights and liabilities ofNRCS and the Sponsors. 7. This agreement may be temporarily suspended by NRCS if it determines that corrective action by the Sponsor is needed to meet the provisions of this agreement. Further, NRCS may suspend this agreement when it is evident that a termination is pending. 8. Designated Liaisons may make adjustments to and between individual projects cost without amendment so long as the total estimated amount described in A of this agreement is not exceeded. 9. This Agreement may be executed in any number of counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Receipt of a facsimile signature (followed promptly by an original executed counterpart) shall be deemed receipt of an original. 5 ".."'~,-~. ,--- -~ ---,..- . 10 B 10. By signing this agreement the recipient assures the Department of Agriculture that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. 11. Employees ofNRCS shall participate in efforts under this agreement solely as representatives of the NRCS. To this end, they shall not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the Collier County Board of County Commissioners or any member of the Collier County Board of County Commissioners. They also shall not assist the Collier County Board of County Commissioners or any member the Collier County Board of County Commissioners with efforts to lobby Congress, or to raise money through fundraising efforts. Further, NRCS employees shall report to their immediate supervisor any negotiations with the Collier County Board of County Commissioners, or any member of the Collier County Board of County Commissioners, concerning future employment and shall refrain from participation in efforts regarding such party until approved by the Agency. 12. Employees of the Collier County Board of County Commissioners shall remain its employees while carrying out their duties under this agreement and shall not be considered as Federal employees or agents of the United States for any purpose under this agreement. , 6 ,__u ...W ....... ........-.''''''''.''_v_. ._~_..~ ~" 10 B E. APPROVED: Au. ""J. ....CUII COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS II: (. _ttltIt u By: Signatory Official is aut.1.....1GiJ.~is commitment on behalf of Collier County . Title: Board of County Comm' ers. " Date: (Signature TIN: 3 -k5"'~o ft? (Date) ::j~~"'~-."" "'""'riJ~ """7'~"""-.J J) "" - -l ". UNITED STATES DEPARTMENT OF AGRICULTURE ...., NA TURAL RESOURCES CONSERVATION SERVICE ~.~;;t_~.J~~'-\lr';~f~'~'""''''' ..; \;.; . -. By: Title: Date: Reviewed: Date: --. '.;." ~:..iTI # \ D fb ,1 ,I \ Ag""d' 3 ,II.H>1,.. Date i Dat~i 7\ 4-cl.o \ Roc d (): = I: De CI ;~"-'-" 7 ""~ '. ~...,- ~ .~_. ", lOB A TT ACHMENT A - SPECIAL PROVISIONS I. DRUG-FREE WORKPLACE CERTIFICATION II. CERTIFICATION REGARDING LOBBYING III. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS IV. CLEAN AIR AND WATER CERTIFICATION V. ASSURANCES AND COMPLIANCE VI. EXAMINATION OF RECORDS ~_."~........~-,,,._,_.- ~"--~ .-.'-"'-"'""~. . .... ~ 10 B A TT ACHMENT A - SPECIAL PROVISIONS Sponsor agrees to comply with the following special provisions which are hereby incorporated into this Agreement. 1. Drug Free Workplace By signing this Agreement, the Sponsor is providing the certification set out below. If it is later determined that the Sponsor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the Department of Agriculture Natural Resources Conservation Service (hereinafter "Service"), in addition to other remedies available to the Federal Government, may take action under the Drug-Free Workplace Act. Controlled substance means a controlled substance in Schedules I through V of the Controlled Substances Act (21 D.S.C. S 812) and as further defined by regulation (21 C.F.R. SS 1308.11 through 1308.15); Conviction means a finding of (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal and State criminal drug statutes; Criminal drug statute means a Federal or State criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Employee means the employee of a Sponsor directly engaged in the performance of work for which the Service is providing funding, including (I) All direct charge employees; (ii) All indirect charge employees, unless their impact or involvement is insignificant to the work performed by the Sponsor; and (iii) Temporary personnel and consultants who are directly engaged in the work performed by the Sponsor and who are on the Sponsor's payroll. This definition does not include workers not on the payroll of the Sponsor (e.g., volunteers, even if used to meet matching requirements; consultants or independent contractors not the Sponsor's payroll, or employees of subrecipients or subcontractors in covered workplaces). CERTIFICA TION. A. The Sponsor certifies that it has or will continue provide a drug-fee workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Sponsor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The danger of drug abuse in the workplace; (2) The Sponsor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and 1 '.--..--"".-.....'. ~'--"'.~' ~-'''-''''"'''' ~-10 B (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the Program be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment by the Sponsor, the employee will: (1) Abide by the terms of the statement; and (2) Notify the Sponsor in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the Service in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every Service officer or other designee on whose Sponsor activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notice. Notice shall include the identification number(s) of the Sponsor. (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) through (t). (h) Agencies shall keep the original of all disclosure reports in the official files of the agency. B. The Sponsor may provide a list of the site(s) for the performance of work done in connection with the Program described in this Agreement. 2 _.._,.,._--_.._~-_. "'-~_..._.._...._,.__. .._~~,~._-. ... lOB II. Certification Regarding Lobbying (7 C.F.R. & 3018) (Applicable if this agreement exceeds $100.000) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, and officer or employee of Congress, or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Sponsor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. III. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions, (7 C.F.R. S 3017) (1) The Sponsor certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of awards, making false statements, or receiving stolen property; 3 -V-1T -_.,-~..,., ._-,.~,." -,"- --,~-----,,,.- .. 10 B (c) Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this cooperative agreement had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the primary Sponsor is unable to certify to any of the statements of this certification, such prospective participant shall attach an explanation to this Agreement. IV. Clean Air and Water Certification (Applicable if this agreement exceeds $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.c. S 1 857c-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. S 1319(c)) and is listed by EPA, or is not otherwise exempt.) The Sponsor signatory to this Agreement certifies as follows: (a) Any facility to be utilized in the performance of this proposed agreement is _, is not _listed on the Environmental Protection Agency List of Violating Facilities. (b) To promptly notify the State or Regional Conservationist prior to the signing of this Agreement by the Service, of the receipt of any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating any facility which he/she proposes to use for the performance of the agreement under consideration to be listed on the Environmental Protection Agency List of Violating Facilities. (c) To include substantially this certification, including this subparagraph (c), in every nonexempt subagreement. Clean Air and Water Clause (Applicable only if this agreement exceeds $100,000, or a facility to be used has been the subject ofa conviction under the Clean Air Act (42 U.S.C. S 1857c-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. S 1319(c)) and is listed by EPA, or the agreement is not otherwise exempt.) A. The Sponsor agrees as follows: (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.c. S 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollution Control Act (33 U.S.c. S 1251, et seq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, an all regulations and guidelines issued thereunder before the signing ofthis Agreement by the Service. (2) That no portion of the work required by this Agreement will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this Agreement was signed by the Service unless and until the EP A removes the name of such facility or facilities from such listing. 4 '"~"'"-~',-',--"'~---'~"'^' '--~-~"'-'- . ,~,'-. ~- lOB (3) To use their best efforts to comply with clean air standards and clean water standards at the facilities at which the work under this Agreement is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt sub agreement, including this subparagraph A. B. The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (42 U.S.c. S 1857 et seq., as amended by Public Law 91-604). (2) The term "Water Act" means the Federal Water Pollution Control Act, as amended (33 U.S.c. S 1251 et seq., as amended by Public Law 92-500). (3) The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section llO(d) of the Clean Air Act (42 U.S.C. S 1 857c-5(d)), an approved implementation procedure or plan under section 111(c) or section 111(d), respectively, of the Air Act (42 U.S.c. S 1857c-6(c) or (d)), or an approved implementation procedure under section 1 12(d) of the Air Act (42 U.S.c. S 1 857c-7(d)). (4) The term "clean water standards" means any enforceable limitation, control, condition, prohibition, standards, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.c. S 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.c. S 1317). (5) The term "compliance" means compliance with the clean air or water standards. Compliance shall also mean compliance with the schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or any air or water pollution control issued pursuant thereto. (6) The term "facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location or site of operations owned, leased or supervised by a Sponsor, to be utilized in the performance of an agreement or subagreement. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area. V. Assurance and Compliance As a condition of the grant or cooperative agreement, the Sponsor assures and certifies that it is in compliance with and will comply in the course of the agreement with all applicable laws, regulations, Executive Orders and other generally applicable requirements, including those set 5 -,-- -." ",,- -- '--"~-- H_'".'__ L. 10 B out in 7 C.F.R. SS 3015, 3016, 3017, 3018, 3019 and 3052, which are hereby incorporated in this Agreement by reference, and such other statutory provisions as are specifically set forth herein. VI. Examination of Records Give the Service or the Comptroller General, through any authorized representative, access to and the right to examine all records, papers, or documents related to this Agreement under the procedures set forth under Section (C)(8) of the Agreement. Retain all records related to this Agreement for a period of three years after the completion of the terms of this Agreement in accordance with the applicable OMB Circular. 6 ~_.~." '---.-"'- ..-.--_._"_.~., ,'_=,"~_' _w ".--..- .,.-- lOB A TT ACHMENT B - SPECIAL PROVISIONS I. EQUAL OPPORTUNITY (SCS-AS-83) II. EQUAL OPPORTUNITY (FEDERAL ASSISTED CONSTRUCTION) (SCS-AS-83) III. NOTICE TO CONTRACTING LOCAL ORGANIZATION OF REQUIREMENTS FOR CER TIFICA TIONS OF NONSEGREGATED FACILITIES IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CER TIFICA TIONS OF NONSEGREGATED FACILITIES VI. CERTIFICATION OF NONSEGREGATED FACILITIES (SCS-AS-818) VII. STANDARD FEDERAL EQUAL EMLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) -,.,_.,. ^~'""--~";-, ,.._-"--,.."...,,. -'-~',~ ... 10 B A TT ACHMENT B - SPECIAL PROVISIONS CONSTRUCTION I. EQUAL OPPORTUNITY The Contracting Local Organization agrees to incorporate, or cause to be incorporated, into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor at 41 CFR, Chapter 60, which is paid for, in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following Equal Opportunity (Federally Assisted Construction) clause: II. EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION) During the performance of this contract the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. 'The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff determination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions ofthis Equal Opportunity (Federally Assisted Construction) clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 1 -"'"'~'-".;---""""""- ..-.__.--- ~--"-----'"_" - VM --".,.~ . lOB 6. In the event of the Contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as provided by law. 7. The Contractor will include this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The Contracting Local Organization further agrees that it will be bound by the above Equal Opportunity (Federally Assisted Construction) clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, however, that if the Contracting Local Organization so participating is a State or local government, the above Equal Opportunity (Federally Assisted Construction) clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Contracting Local Organization agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the Equal Opportunity (Federally Assisted Construction) clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Contracting Local Organization further agrees that it will refrain from entering into any contractor contract modification subject to Executive Order No. 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the Equal Opportunity (Federally Assisted Construction) clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Contracting Local Organization agrees that if it fails or refuses to comply with these undertakings the administering agency may take any or all of the following actions: Cancel, terminate, or 2 ----.,.-.'. -- -~"^ ,_~,,_,""'_'~__', ,'~_,~ "__c'".,.,,~,,_." lOB suspend, in whole or in pan, this grant; refrain from extending any further assistance to the Contracting Local Organization under the program with respect to which its failure or refusal occurred until satisfactory assurance of future compliance has been received from such Contracting Local Organization; and refer the case to the Department of Justice for appropriate legal proceedings. III. NOTICE TO CONTRACTING LOCAL ORGANIZATIONS OF REQUIREMENT FOR CERTIFICA TIONS OF NONSEGREGATED FACILITIES (a) A Certification of Nonsegregated Facilities must be submitted by the Contracting Local Organization prior to any agreement for Federal financial assistance where the Contracting Local Organization will itself perform a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. (b) The Contracting Local Organization shall notify prospective federally assisted construction contractors of the Certification of Nonsegregated Facilities required, as follows: IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS (a) A Certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. (b) Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES (a) Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. (b) Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. 3 ~ .._"-"'"._'.,._----,-'~-'- ~~_.,__.,_..,_.u__._" ,,_ ..- ~,-----_. "'-'''.', , ~ lOt SCS-AS-818 Rev. 4-70 File Code AS-14 VI. CERTlFICA TlON OF NONSEGREGATED F ACILlTlES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity Clause.) The federally assisted construction contractor certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit hislher employees to perform their services at any location, under hislher control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he/she will not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she will not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this section is a violation of the Equal Opportunity Clause in this contract. As used in this caption, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national of because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE - The penalty for making false statements in offers is prescribed in 18 U .S.C. I 00 I. Contractor: C" r ,:. /.I!,,:d~ f / &~_#/,.5.. ~ .. ~7 A// . Signature:~ . ~ ,', ----=--~...,;;.;::.4 ~ ' /' Title: ."c;r"';::'~--'::; Date: ;:J...// ~ /V.A6' -""---' -""""-'^.,'_...,.__.,.~''','''' lOB VII. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. 'Covered area' means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract act Compliance Program, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number' means the Federal Social Security number used on the Employees Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cub Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of die Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all groups having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$1O,OOO, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which the contract resulted. 3. Ifthe Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through as association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The' overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractors or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables. 1 ,-~...... ,....".-.-,... ,-~-.~..,,~ ,~-~ ......., 108 4. The Contractor shall implement the specific affirmative action standards provided in Paragraphs 7.a. through 7.p. of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female tuition that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or Federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice of and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement Contracting Officers. The Contractor is expected to make substantially uniform progress toward meeting s goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractors obligations under these specifications, Executive Order I 1246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion oftheir training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractors compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites, and in all at which the Contractors employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractors obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority and female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union 2 __H_.~. '..-,._~"_.~, " -"'.._~. -'.-,,'. lOB hiring hall for referral and was not refer-red back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in e file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process had impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities, and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractors employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under Paragraph 7.b. above. f. Disseminate the Contractors EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc. - specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posing the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and e action obligations under these specifications with all employees having any responsible for hiring, assessment, layoff, termination, or their employment decisions, including specific review of these items with on-site supervisory personnel such as Superintendents, General Fore etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contract's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipate doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations to schools with minorities and female students and to minority and female recruitment and training organizations-, serving the Contractors recruitment area and employment needs. Not later than one month prior to the date for the acceptance of the applications for apprenticeship or other, training by any recruitment sources, the Contractor shall send written notification, to organizations such as the above, describing the openings, screening procedure, and tests to be used in the selection process. Encourage present minority and female employees to 3 -.,.......- <r' ---v ,',e_._'.__< -.-.,.' ~~-'.^-~"-- ~ --......-" <, .-.....--.,....-.....-..----..,.,."^ o. lOB recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractors workforce. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of the Contractors workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classification work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and die Contractors obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to ensure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor adherence to and performance under the Contractors EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in achieving one or more of the affirmative action obligations (Paragraphs 7.a. through 7.p.). The efforts of a contractor association, joint contractor-union, contractor-community, or other share group of which the Contractor is a member and participants may be asserted as g anyone or more of its obligations under Paragraphs 7.a. through 7.p. of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractors minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to an obligation shall not be a defense for the Contractor's noncompliance. 4 -"'~-"--- ~-'~"_..- .---~'....". lOB 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. II. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 1 1246, as amended. 13. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easy understandable and retrievable form however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 14. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in Paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 604.8. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for hiring oflocal or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 5 __,....._~,.___""""_,..,"',._._.,.,_>>,. 'O~'" "-.---."'-'-' .. -."'.--.- ,- .,.....-,"-~~_.._,.,- 10 B u.s. Department ut' Agriculture NRCS-ADS-78 Natural Resources Conservation ServlCc 5-88 ASSURANCES RELATING TO REAL PROPERTY ACQUISITION A. PU RPOSE --.. This form is to be used by sponsor(s) to provide the assurances to the Natural Resources Conservation Service of the U,S. Department or Agriculture which is required in connection with the installation of project measures which involve Federal finam;ial assistance furnished by the ]\;atural Resources Conservation Service, B. PROJECT MEASURES COVERED- Name of project DSR No. CQ-001W , .~_.,--_._.. _.__..._"-_._,..._._-----~._-- Identity of improvement or development Removp: nphris to prevent flooding_and repair banks to prevent erosion. l.ocation Collior County Waterwayo --.- C. REAL PROPERTY ACQUISITION ASSURANCE- ('his assurance is applicable if real property interests were acqlllfed lor tbe installation of project measures, ,1IllVOr if persons, busincsses, or farm operations were displaced as a result of such installation; (//1 dthis assurancc was not previously providcd lor in the watershed, project measure, or other type ofplan. I f this assm-ance was not previously provided, the undersigned sponsor(s) hereby assures they have complicd, to the extent practicable under State law, with the requirements or the Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 USe. 4601-4(55), as implcmcnted in7 C.F.R. Part 21. Any cxccptions takcn fium the real property acquisition requirements under lhe authority of 42 IJS.C'. 4655 because or Slate law have been or is hcreby fumished to the Natural Rcsources Conscrvation Service along with the opinion or the ChicI' Legal Ofticer of thc State containing a full discussion orthe facts and law rumished. D. ASSURANCE OF ADEQUACY OF REAL PROPER TY RIGHTS _ The undersigned sponsor(s) hercby assures that adequate real property rights and interests, water righlS if applicable, pcnnits and licenses required by Federal, State, and lucallaw, ordinance or regulation, and related actions ha"e been taken to obtain thc Icgal right to install, opemte, maintain, and inspt'cl the above-described project measures, except for stmetures or improvemclIts that arc to be removed, relocated, modified, or salvaged bcroft~ and/or during the installation process. This assurance is given with the knowledge that sponsor(s) arc responsible for any excess costs or other conse- quences in the event the real property rights are found to be inadequatc during thc installation process. Furthermore, this assurance is supported by an attorney's opinion attached hereto that certifies an examination of the real property instruments and tiles was made and they were found to provide adequate title, right. pernlission and authority fill' thc purpose(s) for which the property was acquired. ThiS form was elec~ronjcally produced hy N~ti;)nal PrrH'1l1c,1ion Services Staff ~,.._--,-",._,.>.~" . .~". .,,- ~.....<. 10'8':~"" If any of the real properly rights Or interests Were obtained byeondemnation (eminent domain) proceedings. sponsor{s) further assure and agree to prosecute the proceedings to a final (lollCfusion and pay sucl1 damages as awarded by/he (lottrt. Collier County Board of County ~~:;b~~ This action authorized of the Sponsor at an official meetin'g By< ~~~/ on the 14th . Title; Chairman day of March 2-6 06 ".~ D~~; 3-/5~,,~ ~CollierCounty s.tate of Florida AU8T DWIIB! I.... .... BY:~:'.a~prt~ 0(, . At~1t Chi ....n s .1tnmrt 011- """ . .... liIliI k ~" -,.. '.., : . N ;;"tr ~,~( "'-.;.:' _', ,T;I:'" .. .....:rO~..~ev{~ ':"4-"1>>' . . '" ~~), :1 r... '..' ',' :.' 'r . . , , i " / , -~ -, ~"_..'~ ---- -'-""."-'~-'''--''"~-'"- ...1... JOe ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu routin lines # I throu #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin order) . "" ., n 1. 2. 3. 4. Colleen M. Greene Assistant County Attorney CMG 06/15/06 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 Kelsey Ward, Contract Administration Manager Phone Number 774- Staff Contact 8949 Agenda Date Item March 14, 2006 Agenda Item 10(C) was Approved by Number theBCC Type of Document Contract: 05-3770 "Design-Build for Immokalee Road from 1-75 Number of Original Five (5) Attached Limits of Construction Right-of-Way to CR 951 Collier Boulevard" Documents Attached Proiect #66045) Contractor: Astaldi Construction Corl 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 ofvour deadlines! 6. The document was approved by the BCC on March 14. 2006 (enter date) and all CMG changes made during the meeting have been incorporated in the attached document. The County Attornev's Office has reviewed the chan~es, if applicable. INSTRUCTIONS & CHECKLIST I: Forms! County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 lOe MEMORANDUM DATE: .SnereeMeGiaWUa.. ;: MUJLI)~ Risk Management 6e~~nt .. 1 Kelsey Ward, Contract Administration Manager ~W Purchasing Department O~ ,) ~... June 14, 2006 0 \<-' LP....\ TO: FROM: RE: Review of Insurance for: 05-3770 "Design-Build for Immokalee Road from 1-75 Limits of Construction Right-of-Way to CR 951 Collier Boulevard" -Project #66045 Astaldi Construction Corporation, Contractor This Contract was approved by the BCC on March 14, 2006; Agenda Item 10(C). Please review the Insurance Certificates in this Agreement for the above-referenced contract behind blue tab. Also, please review payment and performance bonds behind red tab. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8949. MrI: RECEIVED JUN 1 4 2006 RISK MANAGEMENT /kw cc: Mike Greene, TECM :VC ~-r ./ CL 11t)()O,Od4....... b..A 2. DOQ. Qc:lC> u,..,.b-1~ PL 1,t:u'(JJ (JOO ./' ..>i:J L 51 0 0 ~ , CJ d 0 k: ~ 1>,,-, tt...,. lA Nt- bAL,l t..-.. I 0) 0 uo, ~o 0 DATE~QhED: ITEM NO.: FILE NO.: ROUTED TO: l#b-f!<C- tJtl J.j 7~ DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: June 14, 2006 To: Office.of~h~<?~~n!y~~orDey . /)1.... ~ U. L ~ Attentlon-,~~l'iklifil\lt (!~.r~~ Kelsey Ward, Contract Administration Manager \~ Purchasing Department, Extension 8949 From: Re: Contract: 05-3770 "Design-Build for Immokalee Road trom 1-75 Limits ot Construction Right-ot-Way to CR 951 Collier Boulevard" Project #66045) Contractor: Astaldi Construction Corporation BACKGROUND OF REQUEST: This contract was approved by the BCC on March 14, 2006; Agenda Item 10(C). This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Robert, this is a standard contract with changes previously discussed. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. cc: Mike Greene, TECM ,....., -:= = CT"' .~ '-- ,-"-., >-~ '"'-'---. L.~i -\("-: -< 1::,- -- ~-,...~ ~ ~~~ C)__ ::0 ...".- ~f~' ~.~' . C- c:: ~-~;'.'" .1="" -u G) 1'0 c..n 1 0 Gage 1 of h DeLeon Diana From: walkeU Sent: Tuesday, June 13, 20064:12 PM To: DeLeon Diana Cc: ward_kelsey; mediavilla_s Subject: RE: 05-3770 Design-Build Immokalee Rd (1-75 to CR-951) I have reviewed this and it is in order. The umbrella will extend over the underlying layers to $10,000,000. I would note that the expiration date is in July so they will need to supply new certificates shortly. Thanks, Jeff Walker From: DeLeon Diana Sent: Tuesday, June 13, 2006 2:26 PM To: walkeU Cc: ward_kelsey Subject: FW: 05-3770 Design-Build Immokalee Rd (1-75 to CR-951) Jeff, Please review. Thanks, 7)f4M, 7)e ~u. From: DeLeonDiana Sent: Tuesday, June 13, 2006 2:22 PM To: mediavilla_s Cc: ward_kelsey Subject: 05-3770 Design-Build 1mmokalee Rd (1-75 to CR-951) Sheree, Please review the insurance requirements attached against Astaldi Construction's insurance certificate. Their comptroller says the Umbrella Liability will cover the additional requirements for General and Auto Liabilities. Is this correct? Please respond. 7)f4M, 7)e ~u. Contract Technician Collier County Purchasing Dept. 3301 Tamiami Trail E., Bldg. G Naples, FL 34112 (239) 774-8375; Fax (239) 530-6597 E-Mail: dianadeleon@colliergov.net 6/13/2006 10C"W, MEMORANDUM Date: June 16, 2006 To: Kelsey Ward, Contract Administration Manager Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract 05-3770 "Design-Build for immokalee Road from 1-75 Limits of Construction Right-Fof-Way to CR 951 Collier Boulevard" Project #66045 Contractor: Astaldi Construction Corporation Enclosed, please find three (3) original documents, as referenced above, (Agenda Item #10C) which was approved by the Board of County Commissioners on Tuesday, March 14,2006. Please forward the documents to the appropriate parties for their records. The Finance Department and the Minutes & Records Department have also retained an original. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures(3) lOC ,:'&'i ~ DESIGN-BUILD AGREEMENT between Collier County Florida and Astaldi Construction Corporation dated March 14, 2006 Contract 05-3770 "Design-Build For Immokalee Road From 1-75 Limits of Construction Right-of-Way To CR 951Collier Boulevard (Project # 66045)" IOc 4 ~~, ~' ..a. . ~ I I. DESIGN-BUILD AGREEMENT This Agreement is made this 14 day of March 2006 between Astaldi Construction Corporation, a Florida corporation, authorized to do business in the State of Florida, (hereinafter called "CONTRACTOR") whose business address is 8220 State Road 84, Suite 300, Davie, FL 33324 and the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter called the "OWNER.") 1. CONTRACTOR'S SERVICES AND RESPONSIBILITIES 1.1 CONTRACTOR shall perform, or arrange for the performance of those architectural, engineering, surveying, hydrogeological, soils testing, procurement and construction, start-up, testing, training and warranty services ("the Work") necessary in connection with the design and construction of the OWNER's project (the "Project"). These services shall be as described in Exhibit A - "Project Scope and Services", and this Article I, including but not limited to, all labor, services, materials and equipment as may be required to complete the Work in compliance with the Contract Documents. 1.2 Design Professional Services 1.2.1 CONTRACTOR shall, consistent with applicable state licensing requirements, provide through qualified, licensed design professionals employed by CONTRACTOR, or procured from qualified, independent licensed design consultants, the necessary design services, including architectural, engineering surveying, hydrogeological and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit CONTRACTOR to complete the Work as described in Exhibit A-Project Scope and Services, and this Article 1. The design for the Project shall be set forth in the Construction Documents. All changes, supplements and additions to the Construction Documents shall be subject to OWNER's review and written approval, such approval to be obtained prior to the commencement of any portion of the Work relating thereto. 1.2.2 The standard of care for all design professional services performed by or arranged by CONTRACTOR shall be consistent with that degree of skill and care ordinarily exercised by members of the design profession practicing under similar circumstances and in the same or similar locality. CONTRACTOR shall use the services of those persons identified in the attached Exhibit L to provide all required professional design services for the Project ("Design Professionals"). All changes to the list of Design Professionals set forth in attached Exhibit L must be approved in advance and in writing by OWNER. 1.2.3 CONTRACTOR and OWNER shall agree upon any interim design submissions that OWNER may wish to review, including design criteria, preliminary design reports, drawings, diagrams and specifications as set forth in the Project requirements. CONTRACTOR and OWNER shall meet and confer about the submissions and, following the meeting, OWNER shall review and approve the interim design submissions within ten business days. 1.2.4 On the basis of the approved interim design submissions, CONTRACTOR shall prepare Contract Documents showing the scope, extent and character of the construction to be performed by CONTRACTOR. 1.2.5 CONTRACTOR shall provide such descriptions and data as are required for obtaining approvals, permits, licenses, etc., of such governmental authorities having jurisdiction to review or approve the final design of the Project, as noted in the Scope of Work. 1.2.6 CONTRACTOR shall provide post design services as required, which may include, but not be limited to the following: construction assistance, review of shop drawings, or other post design services as required. IOC r .. j. 1.3 Construction Services 1.3.1 After the Construction Documents have been sufficiently completed by the CONTRACTOR and approved by OWNER in writing for the Project (or such portions thereof as may be designated by OWNER in writing), CONTRACTOR shall proceed with the Construction Phase Services. CONTRACTOR shall provide to itself or duly licensed and qualified subCONTRACTORs the necessary management, supervision, financing, labor, inspection, testing, start-up, materials, equipment, machinery, tools, fuel, temporary utilities, construction offices and/or other temporary facilities of every kind and type necessary to diligently, timely and fully perform and complete in a good and workmanlike manner the construction ofthe Project (or designated portions thereof) to permit CONTRACTOR to complete construction of the Project in accordance with all of the terms and conditions of the Contract Documents and as described in Exhibit A-Project Scope and Services, and this Article I. 1.3.2 CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures employed for the provision of the Work. CONTRACTOR shall be responsible for the completion of the Work in compliance with the Contract Documents and shall keep OWNER advised as to the progress of the Work by regular weekly written reports. 1.3.3 CONTRACTOR shall coordinate the activities of all SubCONTRACTORs. If OWNER performs other work on the Project or at the site with separate CONTRACTORs under OWNER's control, CONTRACTOR agrees to reasonably cooperate and coordinate its activities with those of such separate CONTRACTORs so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. 1.3.4 CONTRACTOR shall keep the site reasonably free from debris, trash and construction waste to permit CONTRACTOR to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, CONTRACTOR shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit OWNER to occupy the Project or a portion of the Project for its intended use. 1.3.5 CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall be fully and solely responsible for safety and take all reasonable precautions for the safety of, and shall provide the reasonable protection to prevent damage, injury or loss to: a. All persons on the site or who may be affected by the Work; b. All Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and c. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 1.3.6 CONTRACTOR shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall hold regular weekly safety meetings with their staff and shall issue meeting minutes of same. CONTRACTOR's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed. IOc iJ '.\F 2. OWNER'S RESPONSIBILITlES 2.1 OWNER shall provide CONTRACTOR with an accurate description of the site where the Work is to be performed and will furnish CONTRACTOR with all available information, i.e., record as-built drawings and legal site descriptions ifthey are available, the physical characteristics, legal limitations and utility limitations at the site. OWNER will assist in establishing test or boring locations in cooperation with the design professional. 2.2 OWNER will provide for or arrange for a right of entry to CONTRACTOR, its agents, staff, or subCONTRACTORs, for the purpose of performing and with the right to perform all acts, studies, and research including, without limitation, the making of tests and evaluations, pursuant to the agreed Work. Subject to applicable law, OWNER will provide CONTRACTOR, its employees and subCONTRACTORs, reasonable access to the site. 2.3 OWNER shall designate in writing to CONTRACTOR, prior to the commencement of the Work, a representative who shall be fully acquainted with the Work and who has authority on behalf of OWNER to approve changes in the scope of the Work, approve any daily reports submitted by CONTRACTOR, render decisions promptly, and furnish information expeditiously and in time to meet the time schedule for completion of the Work. 2.4 OWNER recognizes that CONTRACTOR's Services may unavoidably alter the existing site conditions and affect the environment in the work area. 2.5 OWNER shall notify CONTRACTOR of any known health or safety hazard existing on or near the site where Work is to be or is being performed by CONTRACTOR or its subCONTRACTORs, with particular reference to utilities and hazardous substances or conditions. 2.6 OWNER shall provide CONTRACTOR with all relevant data and information in its possession relating to the site, the Work and the environmental, geologic and geotechnical conditions of the site and surrounding area and the location of subsurface structures, such as pipes, tanks, cables and utilities as known to OWNER. 2.7 OWNER shall, within seven (7) days of occurrence of any event hereinafter described, give CONTRACTOR written notice of any suspected failure of CONTRACTOR to adhere to either the contract terms or the standard of care described herein. 2.8 CONTRACTOR shall be responsible for acquiring all permits that are part of the Work, as noted in the Scope of Work, Exhibit A. OWNER 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) or, at OWNER's discretion, as a reimbursable expense of the CONTRACTOR. CONTRACTOR shall be responsible for the costs of obtaining all other required permits. OWNER will apply for permits that the CONTRACTOR can not obtain. 3. INSURANCE REQUIREMENTS 3.1 CONTRACTOR shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as described in the attached Contract Insurance Requirernents form. 3.2 The OWNER shall procure and maintain property insurance upon the entire Project, if required, to the full insurable value of the Project. The property insurance obtained by OWNER shall, at a minimum, insure against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, flood, earthquake, debris removal and other perils or causes of loss as called for in the Contract Documents IOc ~) ., .".f :~ 3.3 OWNER and CONTRACTOR waive against each other and OWNER's separate CONTRACTORs, Design Consultant, SubCONTRACTORs, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. CONTRACTOR and OWNER shall, where appropriate, require similar waivers of subrogation from OWNER's separate CONTRACTORs, Design Consultants and SubCONTRACTORs and shall require each of them to include similar waivers in their contracts. 3.4 The OWNER shall be responsible for purchasing and maintaining, its own liability insurance. 3.5 CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance ofthe types and in the amounts set forth in this Article 3, and certificates attached as Exhibit B to this Agreement. Certificates must identify the specific Project name, as well as the site location and address (if any). 3.6 The General Liability Policy 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. 3.7 Collier County Board of County Commissioners shall be named as the Certificate Holder. N OTE-- The "Certificate Holder" should read as follows: 3.8 3.9 3.10 3.11 Collier County Board of County Commissioners Naples, Florida The arnounts and types of insurance coverage shall conform to the following minimum requirements with the use ofInsurance 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 . 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. 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. Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. If CONTRACTOR 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 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 lOC t1 ;;;.1 -;. 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. 3.12 If the initial or any subsequently issued Certificate ofInsurance 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. 4. INDEMNIFICATION 4.1 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, its Design Consultants, and its SubCONTRACTORs, anyone employed directly or indirectly by any of them or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. 4.2 The duty to defend under this Article 4 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 4 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 for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 5. CONSEQUENTIAL DAMAGES Neither CONTRACTOR nor the OWNER shall be liable to the other for incidental or consequential damages, whether arising in contract, tort (including negligence), statute or strict liability. 6. LAWS AND REGULATIONS 6.1 CONTRACTOR will comply with applicable federal, state and local laws and regulations. 6.2 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida. 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. 7. INDEPENDENT CONTRACTOR CONTRACTOR is an independent CONTRACTOR and the detailed means, manner and method of performing the Work are under the sole control of CONTRACTOR or its subCONTRACTOR(s). lOG j' ji I '! <I I. "0; I: I 8. 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 and in accordance with Exhibit D-2 Schedule of Values: For all Design Phase Services including, but not limited to, causing the preparation of the Construction Documents, providing value engineering services, reviewing Construction Documents for constructability, assisting and meeting with the OWNER during the various design phases, and preparing cost estimates and schedules, and for all Construction Phase Services to be provided by CONTRACTOR hereunder, OWNER shall pay CONTRACTOR for the Cost ofthe Work (as that term is defined hereafter), a total lump sum Fee of $22,365,498.91 (twenty two million three hundred sixty five thousand four hundred ninety eight dollars and ninety one cents ("CONTRACTOR'S Fee) for the entire Project. Payment terms for this sum are described in 8.1 below. Additional incentives/disincentive payments related to project milestones shall be in accordance with Exhibit C. 8.1 Monthly Progress Payments - Design and Construction Phase Services 8.1.1 The first Application for Payment for may be submitted no earlier than ten (10) days after issuance of a Notice to Proceed. Subsequent Applications for Payment shall be submitted no earlier than thirty (30) days after the initial Application for Payment. Prior to submitting its first monthly Application for Payment, CONTRACTOR shall submit to OWNER, for review and approval, a Health and Safety Plan, Design Quality Assurance /Quality Control Plan, a Critical Path Method Schedule showing critical path, interdependencies and slack or float, a Hurricane Plan, and 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 OWNER, 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 to the OWNER along with a completed copy of the Application for Payment form as prescribed in Exhibit D, or other County approved format, signed by the CONTRACTOR's authorized representative and attached to the Agreement as Exhibit D - I. 8.1.2 If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location agreed to by the OWNER in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which shall be subject to the OWNER's satisfaction. 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 N. 8.1.3 CONTRACTOR shall submit four (4) copies of its monthly Application for Payment to the OWNER or his designee. The OWNER or his designee 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 contractual basis therefore; or (3) return the Application for Payment to the CONTRACTOR indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices shall be processed in accordance with Section 218.70, F.S. and the administrative procedures established by the County's Purchasing and Finance Departments respectively. IOC "'" .~ In the event of a total denial and return of the Application for Payment by the OWNER or his designee, the CONTRACTOR may make the necessary corrections and re-submit the Application for Payment. 8.1.4 OWNER shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved 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 in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. At the point at which the OWNER has expended fifty percent (50%) of the total cost of construction services as defined by OWNER, OWNER shall reduce the amount of the retainage withheld on each subsequent payment request to five percent (5%) subject to the guidelines set forth in Florida Statute 255.078. 8.1.5 Monthly payments to the CONTRACTOR shall in no way imply approval or acceptance of CONTRACTOR's work. 8.1.6 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit E, showing that all materials, labor, equipment and other bills associated with that portion of the Work previously paid have been paid the pro rata share of previous payments. For all payments subsequent to the first payment, the OWNER shall not be required to make payment until and unless these affidavits are furnished by the CONTRACTOR. 8.1.7 CONTRACTOR agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, CONTRACTOR shall prepare and submit for OWNER's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by OWNER to reflect approved adjustrnents to the Contract Amount and Contract Time. 8.2 Payments Withheld 8.2.1 The OWNER may decline to approve any portion of an Application for Payment" because of evidence or inspections that reveal non-compliance with the contract documents. The OWNER may nullify the whole or any part of any approval for payment previously issued and OWNER may withhold any payments otherwise due CONTRACTOR under this Agreement, to such extent as may be necessary in the OWNER's reasonable opinion to protect it from loss because of any of the following: (a) defective Work not remedied; (b) third party claims actually filed for which CONTRACTOR is required to indemnify OWNER; (c) failure of CONTRACTOR to make payment properly to subCONTRACTORs or for labor, materials or equipment not caused by the failure of the OWNER to make payments to the CONTRACTOR in a timely manner as provided herein; (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, except as provided in Article 15 ofthis Agreement; (f) unsatisfactory prosecution of the Work by the CONTRACTOR; or (g) any other material breach of the Contract Documents. 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(s)eoueLl~ OU!MOIIOl eLlI e)!ew 01 pepeJ!p pue pezpOLllne eJe AqeJeLl nOA ,-OOZ' pelep 1N311\133C18V Jno JapUn :'ON 183rOCld :3I1\1VN 183rOCld :31va :01 :well epueov :elea 888 'ON 18\fC11N08 'ON C13aClO 38NVH8 ~3a~o 3f>NVHO l ~3a~o 3E>NYHO ~-:I .L181HX3 "g: Jor By: (type name of authorized firm signatory) IOc i ' By: (Type name) Project Manager DESIGN PROFESSIONAL By: (may not apply) 32 IOc -~~ J EXHIBIT F -2 WORK DIRECTIVE CHANGE PROJECT NAME: CHANGE # DA TE OF ISSUANCE: EFFECTIVE DATE: OWNER: Collier County Board of Commissioners PROJECT#: CONTRACTOR: ENGINEER: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the changes(s), Method of determining change in Contract Price: D Unit Prices D Lump Sum D Other Method of determining change in Contract Times: D CONTRACTOR's records D Engineer's record D Other Estimated increase (decrease) in Contract Price $ Estimated change in Contract Time: Increase or decrease by calendar days, RECOMMENDED: AUTHORIZED: By: By: Engineer OWNER's Representative 33 IOc ..i EXHIBIT G CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, ENGINEER'S Project PROJECT: 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_[insert correct information] OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR, AND DESIGN PROFESSIONAL, and that such Work is hereby declared to be substantially complete in accordance with the contract documents on the following effective date: THE 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. 34 IOC ~-~.,.- . . ., 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 ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200 OWNER By: Type Name and Title EXHIBIT H FINAL PAYMENT CHECKLIST IOC ..~~ . BidNo,: CONTRACTOR: Project No.: Date: ,200_ 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 I, 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, 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) By Design Professional: (Firm Name) (S ignature ) (Typed Name & Title) By OWNER: IDe (Department Name) (Signature) (Name & Title) _..._..~~~^m"_"~,_~'~_'_'<"""_""_"'__"'"_'_'~_~''''''''''''-'''_0"-___""__ .-. .. -,."._".~~..,~.._---~ :if .;it' 'J{.f EXHIBIT I REVENUE LOADED PROJECT SCHEDULE IOC .~..! I See attached Daaes 1 throuah 9 ~ ~- , en- ... ... .9 o ..... ~ c1; ~ ~ ~ en ... e ~ ... J!I ~ ... en ~ .9 t. 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N .... o ~ ::E .... o .... o 0:.: a... ~ (") .... .... o III UJ LL N ~ ~ ~ ~ ltlLt 3 ~ I~ \~ ~ 0 ::E ::E .,. 0') ~ ('t) .... N 0 0<00> .... r- ...- Ol 0 ~.... N .... o ~ ::E to o .... o N .... o a:: ~ ::E ~ .... ~ a... ~ <0 ,.... .... o ~ ::E .... o .... o N .... o 0:.: a... ~ o 0> 0> .... o III UJ LL N .... 0> 0> 0> 0> 0> 0> ~~~t.t I I I I I l~ o .... to to 0 .... ,., (") 'It 1~ 10 lOG FRONT PAGE cOI'@'M~~!t~~~fI@'~~m@Rl~~UNTY FLORIDA (Public Wor1t) , -.. : . ,iiJ:: c:;1 Bond No,: Contractor Name: Contractor Address: Contractor Phone No,: Surety Company: Owner Name: Owner Address: Owner Phone No,: Obligee Name: (If different from property Owner, or Dual Obligee) Obligee Address: Obligee Phone No,: Bond Amount: Contract No, (if applicable) Description of Work: Project Location: Legal Description: * PRF08793303 *.ASTALDI CONSTRUCTION CORPORATION * 8220 State Road 84 Davie FL 33324 This Bond has been fumished to comply with the requirements of F ,5, 255,05, This bond Is hereby amended such that all provisions and limitations. including conditions, notice and time limitations of F,5, 255,05 are incorporated herein by reference. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in excess of the minimum of the applicable statute shall be deemed deleted herefrom, This bond is a statutory bond, not a common law bond, * * FIDELITY AND DEPOSIT COMPANY OF MARYLAND * * 3301 East Tamiami Trail Naples FL 34112 This Is the front page of the Perform.ncelPayment Bond(s) reg.rrlless of ",.."rlnted numbers on other pages Issued In campl/.nee with Rorl"- StlttUte 255.05. * * * * * *Design Build for Immokalee Road from 1-75 to CR 951- Collier Boulevard *Collier County, Florida Various IDe ~ EXHIBIT J-1 PUBLIC PAYMENT BOND CONTRACT NO. BOND No, PRF08793303 KNOW ALL MEN BY THESE PRESENTS: That ASTALDI CONSTRUCTION CORPORATION , as Principal, and FIDELITY & DEPOSIT COMPANY OF MARYLAND ' as Surety, located at 1400 Amer; can Lane, Schaumburg, 111 ; no; s 60196-1056 (Business Address) are held and firmly bound to BOARD OF COUNTY COMMISSIONERS, ~~ as Obli~ee in the . sum of Twentj-Two Million Three Hundred Sixty~ve Thousand, E~~~tH~~~~~/~6gety- $22,365,498.91 _..._______j for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the _ day of , 200_, with Obligee for _ Design/Build Immokalee Road, from 1-75 to CR 951 - Collier Boulevard in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then is bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond, The provisions of this bond are subject to the time limitations of Section 255,05(2), In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants, IN WITNESS WHEREOF, the above parties have executed this instrument this 31st day of May I 200~ the name of each party being affixed and these loe .w ., ~ ',f. presents duly signed by its under-signed representative, pursuant to authority of its governing body, Signed, sealed and delivered in the presence of: PRINCIPAL: By: Name: mill< Ie.; ,j:...A/Yt'/.-9ffl Witnesses as to Principal Its: ......,...IIIrICICEO STATE OF ~\o'\'\20-. COUNTY OF nrDLDCL\"d. The foregoing instrument was acknowledged before me this ~ day of ::SU-re-, 200~ by \'(\0-'\\ D U:x.r-.C"..\ Q...r-: , ' as E \J ? I C' ED of -r\,::Ao..\ci\ ~('6\-n.l~-\-\ OY'\ ~\Of'.\ ~O- corporation, on behalf of the corporation, known to m~ OR has produced did (did no~) take an oath, CorpDrcd-'loYl ,a He/Mte is Qersonally as identification and My Commission Expires: 03, ';;tl' 0<1 ~\'\\.0~ ...c...~~:. ~~~/C' DAWN U, CAMPBELL *...~ * MY COMMISSION # DO 396016 "'~.. EXPIRES: March 27, 2009 ".t"IiOFfC~'" Bonded Thru B~et Notary Sel'lice5 (Signature of Notary) NAME: ))a.\D f\ N\. G1~~be \ \ (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of ~\Of'l~ IDe . fill ;f; Commission No, 'bb 3C1.loD \lo ATTEST: SURETY: FIDELITY & DEPOSIT COMPANY OF MARYLAND (Printed Name) 1400 American Lane Schaumburg- IL 60196-1056 " ~:p(~~ Joseph M. Pietrangelo Witness as to Surety (Printed Name) " OR tI;1dM~~ '\ ---f! ?< L/-<---~ As Attorney in Fact & Fl a. Res. Agent (Attach Power of Attorney) Witnesses -- - .-""-,,,.,...-.-- IOC ;.:~' .~ AON Risk Services. Inc.. 1001 Brickell Bay Drive. Miami. FL 33131 (Business Address) Joseph M. Pietranqelo (Printed Name) (305) 372-9950 (Telephone Number) STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before May , 200ji by Joseph M. Pietrangelo Attorney-In-Fact Fidelity & Deposit Co. of Maryland He/She is personally known -( Persona lly Known) not) take an oath, me this 31st day of , as of , Surety, on behalf of Surety, me OR has produced as identification and who did (did to My Commission Expires: J~5)2~ (Signature of Notary) Name: Olga Iglesias (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Flori da Commission No,: ~~~ ~Wl,.. ,,~~.t -'OF!\: (407) 398.0153 OLGA L IGLESIAS MY COMMISSION # DD55~180 EXPIRES: May 21,2010 Florida Notary Service. com IOC . '''I!I '.' I.:. EXHIBIT J-2 PUBLIC PERFORMANCE BOND BOND NO. PRF08793303 CONTRACT NO, KNOW ALL MEN BY THESE PRESENTS: That ASTALDI CONSTRUCTION CORPORATION , as Principal, and FTnFI TTY ~ [)FPOSTT COMPANY OF MARYLAND , as Surety, located at 1400 American Lane, Schaumburg, IL 60196-1056 (Business Address) are held and firmly bound to BOARD OF COUNTY COMMISSIONERS. COLLIEl8s Obligee in the sum of Twent ;..Two Million Three.HundreQ Sixty-Fiy~_ ($.2Z~tf5~498.91 --~for the pa ~r ~~es~b~N 't,~r~,1~1~~utors, personal representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the day of ,200_, with Obligee for Design/Build Immokalee Road, from 1-75 to CR 951 - Collier Boulevard in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1, Performs the Contract at the times and in the manner prescribed in the Contract; and 2, Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3, Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full . .-.,~.""",,,,_._"-,-,-"-'- IOC force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond, lOe The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed thereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications, This instrument shall be construed in all respects as a common law bond, It is expressly understood that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this bond, In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee, IN WITNESS WHEREOF, the above parties have executed this instrument this 31st day of May , 200~, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body, Signed, sealed and delivered in the presence of: PRINCIPAL: ASTALOI CONSTRUCTION CORPORATION dfrd By: Witnesses as to Principal Name: /'1llllAlo ~1l1l0tl/ll1 Its: e.otM'MPr....-cEO STATE OF \=\C')f\ ~o-. COUNTY OF tlD~rO. The foregoing instrument was acknowledged before me this q~ day of 3~f'\e... , 20019 by t'<Iar\O LAne.., ~n\ , as E"? I c..E.D of :f\co-\-o...\a\ Qo('\s.-\nAC'~-\'\(jy\ Qorrora..-+iDY\ a IDe ,.;;.. !~' ~\D r" OP-- corporation, on behalf of the corporation, He/" is personally -+- ~nown to me OR has produced as identification and did 001 take an oath, My Commission Expires: O~ '~l' cfl "....;. ~1I'<i'> DAWN M, CAMPBELL ~~... MY COMMISSION. DO 396016 .. 1< EXPIRES: March 27, 2009 "'~ r. ~",.. Bonded Thru Budget Notary Sel'lites EOFfC() (AFFIX OFFICIAL SEAL) ATTEST: ~/ lOC' ~~.c~ (Signature of Notary) Name: bo.\l)(\ \Y\. &,,^-pbeJ\ (Legibly Printed) Notary Public, State of ~ \ 0 r \ ~ Commission No, D D '3 q ~ 0 \ lo SURETY: FIDELITY & DEPOSIT COMPANY OF MARYLAND (Printed Name) 1400 American Lane Schaumburg, IL 60196-1056 ~ Joseph M. Pietranqelo Atty.-In-Fact/Fla. Res. Agent (Printed Name) Witness as to Surety J-A~~ OR / ~AS Attorney in Fact lOe (Attach Power of Attorney) Witnesses 1400 American Lane Schaumburg, IL 60196-1056 (Business Address) (305) 372-9950 (Printed Name) (Telephone Number) STATE OF Florida COUNTY OF Mi ami -Dade The foregoing instrument was acknowledged before me this 31st day of May 200_~ by Joseph M. Pietrangelo as Attorney-In-Fact of Fidelity & Deposit Company of Maryland Surety, on behalf of Surety, He/She is personally known to me OR has produced (Persona 11 y Known) - as identification and who did take an oath, ^' My Commission Expires: 1 ~ '- ~_....~---'---' (Signature of Notary) Name: Olga Iglesias (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No,: 0. OLGA L IGLESIAS \. ..~ MY COMMISSION 1/ DD~54180 '""+Of,,"~~ EXPIRES: May 21.2010 1407) 318.0153 Florida Nolary S....ice.com .....'--"--""',...,,,,--_...;.,..__..,' IOC .,~ KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J, MILLS, Vice President, and ERIC D, BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, . are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date des by nominate, constitute and appoint Joseph M. PIETRANGELO, of Miami, Florida, its true g -in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and ' : a d undertakings, and the execution of such bonds or undertakings in purs en~~' g upon said Company, as fully and amply, to all intents and purp~ses, a . hid .. e~~ wledged by the regularly elected officers of the Company at its office in . 'Jfu ' '~ns, This power of attorney revokes that issued on behalf OfWil1iam~ I ' avor I. MIMICA, dated November 4,2003, The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- .. any, and is now in force, IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affIXed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of September, A,D, 2005, Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY OF MARYLAND ArrEST: (7- ':\,/L._O_ 1./1;/? ~ p. (~o /!vAI,~!ufI By: / Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland } 55' City of Baltimore . On this 12th day of September, A,D, 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J, MILLS, Vice President, and ERIC D, BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly ,worn, ,evonUy ond each fo, himself dep",eth and..nth, that they"'" the "id o!fic.... of the Company afore,aid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written, ~\\Ij\n"", ~~~\.~~t.!::.~l.II"1: f l.:l' H{il~ '~~ :- I ( v'I'\:'h: ~t:( (.. j"'r. ~~.';'t ",:- ~f'",:l'r I(',/lt" 'II~(""'''~' ,~ 1IIIi~;(:\~\\II\\ ~D QA-tZ Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA-F 031-2075 _.-..~-~-----'-_._-- ..,.",",'_"_~_'_____""'~U"_ IOC EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2, The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vicc-Pre,iden" m Vice-P,e,idcn" _i.lly .nthomed '0 10 do by the BOMd ofOirecton; 0' by the Executive COnunittee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to .uthorize .ny p=<>n 0' pmon, to execute on behalf of the Company .ny bonds, undertaking, recognizanc", 'tipul.tiom, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages"..and to affix the seal of the Company thereto." CERTIFICATE I, the undmigned, A"i''''n' Secretary of the FIDEUIY AND DEPOSIT COMPANY OF MAR nAND, do hereby certify that the fmegoing Powe, of Attorney i, ,till in full fO"'e .nd effeet on the d.te of !hi, certi/ic.te; mull dn furtb", certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990, RESOL YED, "Th.t the f.c,imi!e 0' mechanicolly repmduced ",.1 of the company mul f.",imile 0' mechanicol!y reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed," IN TESTIMONY WHEREOF, I have h",eunto 'ub,cn"bed my name mul.tr",ed the cO'Ponte ,,01 of the ,oid c"mp.ny, this 31st day of May 2006 ~+< f1U1A'6 Assistant Secretary IOC EXHIBIT K PERMITS ."l\' IOC EXHIBIT l LIST OF DESIGN PROFESSIONALS Greenhorne & O'Mara Bradley S. Foran, P .E. Project Manager Gus Hunter, P.E. Quality Assurance Manager Principal in Charge Matthew Fabrizio, P .E. Project Manager, Transportation Mark Gillette, P .E. Senior Project Manager Drainage/Permitting Engineer Bala Padmanabhan, P .E. Project Director Traffic Operations Team leader James E. Fleagle, P .E., PTOE Senior Project ManagerlTraffic Engineer Senior Project Engineer Tracy W. Keenan, P.E. Simon Simon, P .E. Department Head, Bridges and Structures Technical Director I David J. McPherson Traffic Project Engineer David SkreUunas, E.I. Christopher R. littlefield, E.I. Kenneth G. Nelson, P .LS. Traffic Engineer Project Manager survey Department Head Peter J. Mattson, P .S.M. Surveyor and Mapper Technical Director I Bruce C. Hill Missak S. Sisserian, P .E. Senior Project Manager John Karachepone, P .E. Senior Project Manager A. lee Watts, III, P.E. Office Manager/Division Manager Florida CEI Services Senior Project Engineer Robert Taraska, P .E. Project Engineer Joel Williams 13 _~_"<"e__' IOC EXHIBIT M STORED MATERIALS RECORD ~. ~.-_,,",. -~,-"-------~ 14 tOD DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 tOE DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 tOF DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 ORIGINAL DOCUMENTS CHECKLIST & RO,!TING SLt 13 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be h,md delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oftiee only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures. dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 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 addressecs 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 oflice only after the BCC has acted to approve the item.) Name of Primary Staff Phone Number Extension 8400 Contact Agenda Date Item was Agenda Item Number 13A A roved b the BCC Type of Document Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed (j~ 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 trom contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A 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 nature 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 with in 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time trame or the BCe's actions are nullified. Be aware of our deadlines! 6. The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. I: Forms! County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 ""'lo.. 13A. MEMORANDUM Date: March 16, 2006 To: Tom Palmer, Assistant County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: An Agreement Approving and Providing for County Traffic Control Jurisdiction over Roads within the Subdivision of Indigo lakes Enclosed for your records, please find one copy of the document as referenced above, (Agenda Item #13A) approved by the Collier County Board of County Commissioners on Tuesday, March 14,2006. !fyou should have any questions, please feel free to contact me at 774-8406. Thank you. Enclosure _,....,,_".~."".."n.'"__.... "_" ... ...u ___,'__"'."'""'~W ~......__._....,"- 13A MEMORANDUM Date: March 16, 2006 To: Sheriff's Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: An Agreement Approving and Providing for County Traffic Control Jurisdiction over Roads within the Subdivision of Indigo lakes Enclosed for your records, please find one copy of the document as referenced above, (Agenda Item #13A) approved by the Collier County Board of County Commissioners on Tuesday, March 14,2006. If you should have any questions, please feel free to contact me at 774-8406. Thank you. Enclosure ~"-'-'''''''''",,''..''''''._--''-''- 13A AGREEMENT APPROVING AND PROVIDING FOR COUNTY TRAFFIC CONTROL JURISDICTION OVER ROADS WITHIN THE SUBDIVISION OF I Indigo Lakes Master Association, Inc I THIS AGREEMENT is made and entered into this J 'I Y- "- day of )'\\ 6t (' (. h , 20--.1212, by and among the following three parties: Indigo Lakes Master Association, Inc, 14875 Indigo Lakes Circle, Naples, Flnrirlrl i411 q (hereafter the "Property Owners Association);" the Collier County Sheriff's Office, 3301 East Tamiami Trail, Building J, Naples, Florida 34112; and the Board of County Commissioners of Collier County, Florida, 3301 East Tamiami Trail, Building F, Naples, Florida 34112. WHEREAS, all roads within the subdivision, I Indigo Lakes I (hereinafter the "Subdivision") (in unincorporated Collier County) are private roads that are not owned or maintained bY,' Collier County; and WHEREAS, the Property Owners Association, which is responsible for maintaining and controlling the Subdivision, has tendered to the Sheriff of Collier County a letter dated I December 15, 2005 I, attached hereto as Exhibit "A," requesting that the Collier County Sheriff's Office patrol the private roads within the Subdivision and exercise jurisdiction over those private roads by enforcement of State and County traffic laws; and WHEREAS, Subsection 316.006(3)(a), Florida Statutes, provides that each Florida County may exercise jurisdiction over private road(s) located within the unincorporated area in its boundaries provided the respective County and other parties owning or controlling such roads provide, by written agreement approved by the governing body of the county for county traffic control jurisdiction over the road(s) covered by the agreement; and ~---'-'-'-'. ,._~_._- -_._~...~,~.---'-_._- -- 13 A WHEREAS, representatives of the Collier County Sheriff's Office have monitored traffic on private roads within the Subdivision and have affirmed that traffic enforcement by the Collier County Sheriff's Office is appropriate, and has agreed to provide traffic control enforcement in the geographic areas requested; and WHEREAS, a private engineering firm representing the Property Owners Association, has provided the Sheriff of Collier County with notice that the signage for the Subdivision appears to be in completed and in substantial accordance with the approved subdivision constructions (see Exhibit "B"); and WHEREAS, the Board of County Commissioners has reviewed these written requests and has determined that it is in the interest of the public health, safety and welfare to enter into this Agreement pursuant to Subsection 316.006(3)(b), Florida Statutes. NOW, THEREFORE, the parties hereto agree as follows: 1. The recitals and Exhibits referenced herein above are restated and made a part of this Agreement. 2. Collier County, by action of its Board of County Commissioners, hereby determines to exercise traffic control jurisdiction over all private roads located within the geographic area of the Subdivision as described in Exhibit "c" pursuant to this Agreement entered into pursuant to Subsection 316.006(3)(b), Florida Statutes. 3. Pursuant to Subsection 316.006(3)(b)(2), Florida Statutes, the Collier County Sheriff's Office hereby expressly waives the statutory requirement concerning the effective date of this Agreement relating to the beginning of our next County fiscal year and agrees to the effective date of this Agreement. 4. The Collier County Sheriff's Office shall, commencing on the date of final approval by the Board of County Commissioners and thereafter until this Agreement is terminated, shall include as part of its duties, patrol and enforcement of all County and State traffic control regulations and laws 2 '"---- -.-'-- _._..- 13 A on or over private roads within the Subdivision, including such additional roads, if any, that may hereafter come into existence within the Subdivision. 5. The parties recognize that all private roads within the Subdivision (as such roads are described herein) are not public roads, not County- owned, and neither the County nor the Sheriff's Office has any duty or responsibility for construction and/or repair of any of the same, including signage, and this Agreement does not impose any such responsibilities upon the County or the Sheriff's Office. Signage maintenance, repair and adequacy on and along the roads within the Subdivision is the responsibility of the Property Owners Association and/or other private property interests within said Subdivision. 6. For purposes of identification and geographic specificity, the Subdivision is composed of the platted area described in Exhibit "C" attached hereto. 7. The Collier County Sheriff's Office hereby reserves the authority under this contract to enter into negotiations with Property Owners Association for the purpose of allocating costs pursuant to Subsection 316.006(3)(b)(1), Florida Statutes, as condition to enforcement. 8. This Agreement may be changed, amended or modified only by means of a written document executed with the same formality as this Agreement. This Agreement may be terminated unilaterally by the Board of County Commissioners (by adoption of a Resolution at a public meeting of the Board of County Commissioners providing that this Agreement be terminated), or by the Property Owners Association. 9. The Property Owners Association shall hold harmless and defend Collier County and the Collier County Sheriff, and their agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to performance under the terms of this Agreement. 3 '--'--'"-'."- ."-"-.--~ ._._____~___".,,_""'W,,-_ --"'~"'..,'----"~._---"- 13 A IN WITNESS WHEREOF, the Property Owners Association, the Sheriff, and the County have executed this agreement. WITNESSES: I Indigo Lakes Master Association, Inc I --6t~ BY' .., , Jamesc. Ray,~ ent -,. J.". I ,I. Date: 2' '2-1- c'~, t~~{.,- v ~<v.CJ Signature of Second ~tness Lo v,' / fA , I, .(' ~ Print Name of Second itness WITNESSES: COLLIER COUNTY SHERIFF'S OFFICE htitLJ-r;;,lt!fttr Signatute of First Wit ess Ivt A R Y COt/R-t /(/6 H-r Print Name of First Witness 2-.Z;.D~ Date: - itness 111 . W. 5 (J. H ,l \J y L::; /?- Print Name of Second/Witness 4 _.---, ,_.-----,~.... ,_.._.,---~..._,.....-..,..- ~_.." ,~,_"..-",,"-'-,_.- 13 A ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.. B~OCK, Clerk COLLIER COUNTY, FLORIDA ~: tku~\U~ tlL. By: ~-;;J~~, .. AtBiiu i;f~'. FRANK HALAS, Chairman It.......' " ., . - Approved as to form and legal sufficiency: ~~ --JOM Thomas C. Pa mer Assistant County Attorney Item # '3ti Agenda ~6~ Date Date ~ Rec'd ~~\Wv.' }C Clerk 5 ._,_._,,~ .., ~-~'"---,,- .. RI T -.". -_._-~. ,~kes I 13 A - - =-----...::.> December 15, 2005 M.W Schryver, Esq. Collier County Sheriff's Department 3301 East Tamiami Trail Collier County Government Center Building J Naples, FI 33962 Re: Indigo Lakes Traffic Control Agreement Dear Mr. Schryver, The Indigo Lakes Homeowners Association, Inc. requests the Collier County Sheriff's Office to enforce all county and state traffic control regulations within the boundaries of the Indigo Lakes Subdivision. The Board of Directors approved the request for this action by written action taken without a meeting pursuant to Florida Statutes 617.0821 on June 22, 2005 Sincerely Yours, , -----:T3 President, Indigo Lakes BOD ~ = , = C~, cr- ~ ,...-- '--. r, L, tT-i -i ;=-- N ...../ '- _ r"'J - "r-> ~( :Do -1--;-- :x '-)- - -:0 -'\ ,- .. 7- N iT r'. &' -< tr-iitd- If ~,AY iBaukll Euaiueeriug. 11ut. 13 A Professional Engineers, Planners & Land Surveyors 10511-101 Six Mile Cypress Parkway Fort Myers, Florida 33912 (239) 939-5490 Fax (239) 939-2523 Please Reply To: FORT MYERS OFFICE November 14, 2005 Collier County Sheriff's Office 3301 Tamiami Trail East, Bldg. J Naples, FL 34112 RE: Indigo Lakes Banks Engineering, Inc. performed a site visit on October 13,2005 and the site signage appeared to be completed in substantial accordance with the approved subdivision construction plans for Units I through 7, inclusive. These plans were certified to CoIlier County by Banks Engineering, Inc. If you have any questions please feel free to contact me at (239) 939-5490. "J ~ ._~i~~~;~..~/ ,-.~{/ ~C R.A. Gonzalez, .E. ;;-/ Project Engineer 1';) c-.;) = CT' .." ~. .~'1 _.-;~... 0::> ""-- --l N -<~ - )> --I J> ::.r;: I~.-'-' .....-..' -. ..- --f"i --, -.. :Zr' f'..) ./ .s::" S:\Jobs\14xx\1420\Documents\Misc\1420-BEI Sign Cert.doc Naples Office Sarasota Office Port Charlotte Office 6640 Willow Park Dr. ] 144 Tallevast Road 12653 SW CR 769 SuiteB Suite # II 5 Suite B Naples, Florida Sarasota, Florida Lake Suzy, Florida 34109 34243 34269 (239) 597-2061 (941) 360-1618 (941) 625-] 165 Fax (239) 597-3082 Fax (94]) 360-6918 Fax (941) 625-1 ]49 ~'f ~/'t ,'/- -13 "'^'_'''N~_'''''''.'.__",__"",<"",''-_,"~';~''_'''''' ",_~,,,,,,,'_"'..,,,..,",_,_,_""__"m___"'_''''''''_-''''~_~'''''''''''''''_,.,,_____,_,..._""..,.."_,~_....,,__.""""__,,;_..-,~"_,,___,._.v;__'__~. "--""-'.-~ Print Map Page I of 1 13 A INDIGO LAKES SUBDIVISION @ 2004. Collier County Properly Appraiser. 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' ~"'!i~ 5 ~ 1T ~d~' . ,0 E I ,,'~o' ~ H 9;;;-' : ~...,. ,., r 16Al DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 ---.-~.". "'."....,..._~_.._.,..._~"....._~,._~^.._-,-~._,-"... rte, thtle .,s 4� p 344— 1 6 A 2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered in this Ft+11 day of )cm, 2004 between Tousa Homes, Inc., d/b/a Engle Homes of SW Florida. 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: Reflection Lakes at Naples. 3 4 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: seventeen (17) SFD residences and associated utilities, lot grading and landscaping within twelve (12) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $16,280.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been 1 1 6 A 2 furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Develop 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 Manger 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 design to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause 2 r 16A2 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 i Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 1 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this (q-+'11 day of t4A)(..bl _200e, SIGNED IN THE PRESENCE OF: (Name of Entity) By: 0.,./(---- Print Name: Christina Ward David A. Cobb, Division President Print Name/Title(President,VP, or CEO) Print Nam ey oley Provide Proper Evidence of Authority ATTEST: BOARD OF COUNTY COMMISSIONERS DWI HT E. BROCI , Clerk OF COLLIER COUNTY, FLORIDA Bk B 't es ` ' s t !�'. Jerk C at signature o?'ii Approved as to form And legal sufficiency: t 1 Jeff E. .ht 0.ssistant County Attorney Approved for—JAK—February 200 3 16A3 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 16A4 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 C)pv' e .t9►s erie • 1 6 A 5 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into thisZZ"a day of Vjela, 20 06 between Colonial Homes, Inc. 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: Copper Cove Preserve. 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: Subdivision Improvements within 24 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $3,138,952.53, which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to 1 6 A 5 be reviewed and approved by the Development Services Director 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 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 fmal approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six(6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, 1 6 A5 the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this2S day ofd t AA 2006. SIGIkIED IN TH PRESENCE OF: Colonial • yes, . c. igieak (1.(>014)---- By: • Alan S. Farrior Print Name: President . 1L roL Print Name: PE(0�`, Jo` T ATT ST: "'4"6," f BOARD OF COUNTY COMMISSIONERS DWIGHT ErBitOC ,'clerk OF COLLIER COUNTY, FLORIDA. By: 0,0_,C. By: Atte t 9 o , -r�C Frank Halas, Chairman Approved as to form and legal sufficiency: BY: Jeff E. Wr • Assistant County Attorney 16A5 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND # 58636677 KNOW ALL PERSONS BY THESE PRESENTS: that COLONIAL HOMES INC. 2000 INTERSTATE PARK MONTGOMERY AL 36109 (hereinafter referred to as "Owner") and WESTERN SURETY COMPANY CNA CENTER CHICAGO IL 60685 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Three million one hundred thirtv eieht thousand nine hundred fiftv two & 53/100 Dollars ($3.138.952.53 ) 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 CODDer Cove Preserve 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. EXHIBIT j A 16A5 IN WITNESS WHEREOF, the parties hereto have caused t is PERFORMANCE BOND to be executed this 6th day of _April 2006 ~GG- Secretary S ure P Bryan Tucker Printed Name Alan S. Farrior Printed Name AFFIX CORP. SEAL HERE 2000 Interstate Park Suite 300 Enter Complete Address Montgomery Al 36109 City, State and Zip Code STATE OF Alabama ) COUNTY OF Montgomery ) ,., cd-- CM I The foregoing instrument was acknowledged before me this ~ day of J 'f~r I , 20~ by Bryan Tucker , as Secretary and Alan S. Farrior , as President of Colonial Homes Inc. , who is personally known 0 me or has produced drivers license as identification and who certifies that (s)he is authorized t ind this Co oration as Principal. '1 AFFIX NOTARY PUBLIC STAMP OR SEAL HERE C [Signatur~ers taking acknowledgment] I(CC *,r{v...) [Name typed, pri~ed or stamped] 16A5 SURETY ENDORSEMENT Beppy Hassey Printed Name Liana A. Williams Printed Name AFFIX CORP. SEAL HERE AFFIDAVIT OF AUTHORITY This affidavit certifies that Liana A. Williams has the authority to enter into surety agreements on behalf of WESTERN SURETY COMPANY. ~~1LaL a. qy~~ Sig ture Liana A. Williams Printed Name Title Attorney - In - Fact STATE OF ALABAMA) COUNTY OF Montgomery) The foregoing statement was affirmed before me on March 28. ,2006 by Liana A. Williams . as AttorneY-In-Fact for Western Surety Company. _ She/He has produced drivers license as identification. AFFIX NOTARY PUBLIC STAMP OR SEAL HERE V\estem Surety Company 16A5 POWER OF AITORNEY APPOINTING INDIVIDUAL AITORNEY-IN-FACT Know All Men By Tbese Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James H Farrior Jr, Liana A Williams, Laura D Goins, Individually of Montgomery, AL. its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted. as indicated, by the shareholders of the corporation. In Witness Wbereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 30th day of August, 2005, WESTERN SURETY COMPANY ~ Paul . Bruflat, Senior Vice President State of South Dakota County of Minnehaha } ss On this 30th day of August, 2005. before me personally came Paul T, Bruflat, to me known. who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation, My commission expires November 30, 2006 +~~~~~~~~~~~~~~~~~~~~~~+ $ D. KRELL $ , , $~NarARY PUBLIC~$ $~SOUTH DA.KarA~$ + .............................................. + ~ ~'Pob1i' CERTIFICATE I, 1. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this -.:3 r:J. day of A P ('; 1 , ~ (X:) ~ WESTERN SURETY COMPANY g. ~:,~s=- Form F4280-O]-02 ......-... ..~.........""......... __'-'''YV.I\,..4.''''''-'''IU rage 1 Ul L. 16A5 Florida Profit COLONIAL HOMES INC. ....---.--.....-----.-. ~ -_'_'_'_._'_'~--_.._-"""-_._.~,,,....._...,,-,,._..,,_._-"--._..._._~_..----- "-'~._._-_.__....._-,._..".._-----_."---,_..",._-_._.__.."----~--_._--"...__..._-"._.,,,..,._.,,..._--,,-~.._- PRINCIPAL ADDRESS 2000 INTERSTATE PARK DRIVE SUITE 400 MONTGOMERY AL 36142-0001 MAILING ADDRESS 2000 INTERSTATE PARK DRIVE SUITE 400 MONTGOMERY AL 36142-0001 Document Number P98000012760 FEI Number 631195480 Date Filed 02/09/1998 State FL Status ACTIVE Effective Date NONE ---~---~--------------_._--- egIS ere ..gen I Name & Address I NRAI SERVICES. INC. 273] EXECUTIVE PARK DRIVE SUITE 4 WESTON FL 3333] I Address Changed: 02/1 5/2005 I R t dA t r----~.-_______ I Name & Address II Title I LOWDER. JAMES K B 2000 INTERSTATE PARK DRIVE. SUITE 400 MONTGOMERY AL 36]42-000] LOWDER. THOMAS H [J 2000 INTERSTATE PARK DRIVE. SUITE 400 MONTGOMERY AL 36142-000] I TUCKER. BRYAN K I~ 2000 ]NTERSTATE PARK DR Officer/Director Detail http://ccfcorp.dos.state.fl. us/scripts/cordet.exe?a 1 =DETFIL&n I =P980000 12760&n2=NA... 3/18/2006 --- -- -'--r-'-"-'W rage L or L I MONTGOMERY AL 36109 II I FARRIOR, ALAN S D 2000 INTERSTATE PARK DR. MONTGOMER Y AL 36109 MCLEOD. P.L JR D 2000 INTERSTATE PARK DR. MONTGOMERY AL 36109 PERSICHELLl. ANTHONY G 2000 INTERSTATE PARK DR. MONTGOMERY AL 36109 16A5 nnua eports I Report Year II Filed Date I I 2003 II 05/0212003 I I 2004 II 05/0412004 I I 2005 II 05/02/2005 I A IR Previous Filing Return to List No Events No Name History Information Next Filing I Document Images Listed below are the images available for this filing. 05/02/2005 -- ANN REPIUNIFORM BUS REP 05/04/2004 -- ANN REPIUNIFORM BUS REP 05/02/2003 -- ANN REP/UNIFORM BUS REP OS/27/2002 -- COR - ANN REPIUNIFORM BUS REP 05/10/2001 -- ANN REPIUNIFORM BUS REP OS/22/2000 -- ANN REP/UNIFORM BUS REP 05/07/1999 -- ANNUAL REPORT 02/09/1998 -- Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://cefeorp.dos.state.fl.us/seri pts/eordet.exe?a 1 =DETFIL&n 1 =P980000 12760&n2=N A... 3/18/2006 C r\ S ~ \.H_l ~ .(.. 16A5 ENGINEER'S OPINION OF PROBABLE CONSTRUCTIONS COSTS FOR SUBDIVISION IMPROVEMENTS AT COPPER COVE PRESERVE Prepared by: Q. Grady Minor & Associates, P.A. Civil Engineers Land Surveyors Planners 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 ,1 (239) 947-0375 (Fax) / / / I , Revised March, 2006 / .... , / ~ Matinor P.E. s-/,.) ob Sanitary Sewer 1 6 A 5 Cooper Cove Preserve Item- Sanitary Sewer Quantity Unit Price Total 1 4" FORCEMAIN C-900, CL-200, DR-25 LF 1930 $ 10.00 $ ] 9,300.00 2 4" PLUG VALVE EA I $ 250.00 $ 250.00 4 8" PVC (SDR 26) 0-6' CUT LF 1740 $ 17.00 $ 29,580.00 5 8" PVC (SDR 26) 6-8' CUT LF 2877 $ 20.00 $ 57,540.00 6 8" PVC (SDR 26) 8-10' CUT LF 3694 $ 23.00 $ 84,962.00 7 8" PVC (SDR 26) 10-12' CUT LF 364 $ 26.00 $ 9,464.00 8 8" PVC (SDR 26) 12-14' CUT LF 1005 $ 30.00 $ 30,15000 9 MANHOLE 0-6' CUT EA 10 $ 1,350.00 $ 13,500.00 10 MANHOLE 6-8' CUT EA 13 $ 1,590.00 $ 20,670.00 II MANHOLE 8-10' CUT EA 9 $ 1,830.00 $ 16,470,00 12 MANHOLE 10-]2' CUT EA 5 $ 2,070.00 $ ]0,350.00 13 MANHOLE 12-14'CUT EA 7 $ 2,310.00 $ 16,170.00 14 SGL SAN. SERV. EA 56 $ 390.00 $ 21,840.00 15 DBL SAN, SERV EA 56 $ 405.00 $ 22,680.00 16 LIFT STATION (lOhp) EA 2 $ 120,000.00 $ 240,000.00 17 CONNECT TO EXISTING FM EA I $ 700.00 $ 700.00 18 TV Gravity Line LF 9680 $ 1.00 $ 9.680.00 Item - alternate Quantity U nit Price Total ROCK TRENCHING LF 8840.0 $ 2.40 $ 21,216,00 Sub-Total $ 624,522.00 16A5 Storm Sewer Cooper Cove Preserve Item - Storm Sewer Quantity Unit Price Total 1 15" RCP LF 2676 $ 20.00 $ 53520.00 2 18" RCP LF 1093 $ 24.00 $ 26232.00 3 24" RCP LF 913 $ 29.00 $ 26477,00 4 30" RCP LF 1688 $ 38,00 $ 64144.00 5 V ALLEY GUTTER INLET EA 37 $ 1450.00 $ 53650.00 6 TYPE C INLET EA 5 $ 1500.00 $ 7500.00 7 JUNCTION BOX EA 4 $ 1730.00 $ 6920.00 8 15" FLARED END EA 7 $ 650.00 $ 4550.00 9 18" FLARED END EA 2 $ 780.00 $ 1560.00 10 24" FLARED END EA 4 $ 860.00 $ 3440,00 11 30" FLARED END EA 6 $ 1290.00 $ 7740.00 12 CONTROL STRUCTURE EA 1 $ 2000.00 $ 2000.00 Item - alternate Quantity Unit Price Total 1 6" ADS LF 2200 $ 10.00 $ 22000.00 2 8" ADS LF 575 $ 12.00 $ 6900.00 3 YARD DRAINS EA 36 $ 385.00 $ 13860.00 4 ROCK TRENCHING LF 8840.0 $ 2.40 $ 21,216.00 Sub-Total $ 321,709.00 Water Distribution System 16A5 Cooper Cove Preserve Item - Water Quantity U nit Price Total I 8"PVC DR-18 LF 10625 $ 13.50 $ 143437.50 2 8" GATE VALVE EA 9 $ 800.00 $ 7200.00 3 FIRE HYDRANT ASSEMBLY EA 25 $ 2,000.00 $ 50000,00 4 SGL WATER SERVICE EA 62 $ 395.00 $ 24490.00 5 DBL WATER SERVICE EA 109 $ 535.00 $ 58315,00 6 CONNECT TO EXISTING EA 1 $ 500.00 $ 500.00 7 PERM. BACT. SAMPLE POINT EA 1 $ 600.00 $ 600.00 8 FIRE SERVICE CONNECTIONS EA 12 $ 1,750.00 $ 21000.00 9 CONST. METER ASSEMBLY 2"GAP EA 1 $ 900.00 $ 900.00 10 TESTING 2"GAP EA 1 $ 900.00 $ 900.00 Sub- Total $ 307,342.50 16A5 Earthwork Cooper Cove Preserve Item - Earthwork Quantity Unit Price Total I SIL T FENCE LF 12500,0 $ \.00 $ 12,500,00 2 CLEARING AND GRUBBING AC 43,0 $ 2,700,00 $ 116,100.00 3 SELECTIVE CLEARING (PRESERVE) AC 15,0 $ 3,500,00 $ 52,500.00 5 LAKE EXCA V A TION CY 85000.0 $ 2,50 $ 212,500.00 6 SEEDING AND MULCHING AC 29,25 $ 1,200.00 $ 35,100,00 7 5' CONe. SIDEWALK LF 5032 $ 7,20 $ 36,230.40 8 BAHIA SOD- LAKE BANK LF 5032 $ 7,20 $ 36,230.40 9 BAHIA SOD- BERM LF 5032 $ 7,20 $ 36,230.40 10 CONSTRUCTION ENTRANCE LS I $ 15,000,00 $ 15,000,00 II BERM GRADING LF 5032 $ 7,20 $ 36,230.40 Item - alternate Quantity U nit Price Total I ROCK TRENCHING AC 7.0 $ 90,000,00 $ 630,000,00 2 ROCK BURIAL CY 30000,0 $ 1.40 $ 42,000.00 Sub- Total $ 1,260,621.60 COST TO COMPLETE $ 650,000.00 16A5 Paving Cooper Cove Preserve Item - Paving Quantity U nit Price Total ] S-III ASPHALT (FIRST LIFT) 3/4" SY 26,453.00 $ 3,90 $ 103,166,70 2 S-III ASPHALT (2ND LIFT) 3/4" SY 26,453,00 $ 3,90 $ 103,166,70 3 LIMEROCK BASE 8" SY 26,453,00 $ 5,10 $ 134,910.30 TYPE B LBR 4 STABILIZED SUBGRADE 40 SY 34,664,00 $ 2,10 $ 72,794.40 5 SIGNING AND MARKING LS 1.00 $ 3,000.00 $ 3,000.00 6 V ALLEY GUTTER CURB LF 18,924,00 $ 5.30 $ 100,297.20 7 v ALLEY GUTTER TRANSITIONS LF 18,924.00 $ 5,30 $ 100,297,20 7' (BOC TO 8 SOD S/W) LF 37,848,00 $ 2.10 $ 79,480,80 9 SEEDING AND MULCHING AC 29,25 $ 1,200,00 $ 35,100.00 10 5' CONC. SIDEWALK LF 5,032.00 $ 7.20 $ 36,230.40 ] ] TYPE 'A' CURB LF 5,032,00 $ 7,20 $ 36,230.40 ]2 TYPE 'F' CURB LF 5,032,00 $ 7.20 $ 36,230.40 13 BAHIA SOD (BACK OF CURB) LF 5,032.00 $ 7.20 $ 36,230.40 ]4 STREET LIGHTING (FPL) EA 52,00 $ 2,000,00 $ 104,000,00 ]5 BUFFER SHRUBS EA 2,265,00 $ 50,00 $ 113,250,00 ]6 BUFFER TREES EA 265,00 $ 130.00 $ 34,450,00 ]7 BUFFER IRRIGATION LF 6,795,00 $ 5,25 $ 35,673,75 ]8 Sub-Total $ 1,164,508.65 16A5 ESTIMA TE AND BONDING SUMMARY 1) Original Cost A. Sewer B. Storm Sewer C. Water Distribution D. Earthwork E. Roadways $ 624,522.00 $ 321,709.00 $ 307,342,50 $1,260,621.60 $1,164,508.65 TOTAL $3,408,703.75 2) Cost to Complete (earthwork reduced to $650,000.00) TOTAL $2,798,092.15 Bond Amount: $2,798,082.15 + (10% X 3,408,703.75) = $3,138,952.53 Sterling Oaks LME Page 1 of2 Siebert, Peggy 16A5 ~ - ___.n. ,_ ._._. ___ _. ___...., '. __.,_ __,,__.__, '. ,__. .,. ~.. _ W_.d__.____.__ _._____._., ._ From: Hyyti, David Sent: Friday, May 19, 20068:47 AM To: Siebert, Peggy (Peggy.Siebert@meritagehomes.com) Cc: Scott, George (George.Scott@meritagehomes.com) Subject: FW: Copper Cove Peggy, Please reply ASAP. I screwed up and sent the Copper Cove Maintenance Agreement in to Collier County with only one witness on Pete Farrior's signature, Can you drive down to Collier County pick up the document and witness it? Just as a precautionary measure, don't sign it in front of John. See if you can pick it up before lunch take it out side and sign it and bring it back to him after lunch.. You need to see John Houldsworth to retrieve the document. He is located at the North Horseshoe Drive building. It may be the same building as the Impact fee coordinator but not sure. Have a Great Day David Hyyti, P.E. Ph. (239) 768-3888 fax (239) 561-6566 Cell (239) 822-3688 David.Hyyti@meritagehomes.com From: Michael Delate [mailto:MDelate@gradyminor.com] Sent: Friday, May 19, 20068:29 AM To: Hyyti, David Subject: FW: Copper Cove ,- :.- --, . ".'\ ,ff~ . -~ 1. i\(~/~ ('-' 9'\ o( David, I think you may have to get that picked up from John and witnessed. From: houldsworth-J [mailto:johnhouldsworth@colliergov.net] Sent: Friday, May 19, 2006 6:52 AM To: Michael Delate Subject: RE: Copper Cove Mike, Construction & Maintenance Agreement signed by Colonial only has 1 witness to Alan Farrior signature. John Houldsworth johnhouldsworth@colliergov.net Phone: 239-659-5757 5/19/2006 Sterling Oaks LME Page 2 of2 Fax: 239-530-6201 16A5 5/19/2006 ORIGINAL DOCUMENTS CHECKLIST & ROUTING S! TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN 6A 7 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board omcc. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. lfthe document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routin lines III throu h #4, com lete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routin order) 1. 1/71,1 rlt /a4 (lj) /:5' ffiJ rnl' /} . 2. 3. 4. 5. ger Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statT tor additional or missing information. All original documents needing the BCe Chainnan's signature are to be delivered to the Bee office only after the BCe has acted to approve the item. Name of Primary Staff Phone Number Contact . ,~.s. lj)\) 0.:-- xSlS,'1: Agenda Date Item was Agenda Item Number A roved b the BCC Type of Document -SO Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from JB contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ~ Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the ~G 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 'u si nature 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. jJ{lJ-, Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aw re our deadlines! 6. The document was approved by the BCC on C I enter date) and all changes N/A is not made during the meeting have been incorporat in he attached document. The an option for Count Attorne 's Office has reviewed the chan es, if a Iicable. line 6. I: Formsl County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A? RESOLUTION NO. 06- ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN OLDE CYPRESS, UNIT THREE, RELEASE OF THE MAINTENANCE SECURITY, AND TO ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE OLDE CYPRESS HOMEOWNERS' ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 3, 1999 approved the plat of Olde Cypress, Unit Three for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Olde Cypress, Unit Three and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Olde Cypress Homeowners' Association. /~fJ<esolutipA!, ado~d after motion, second and majority vote favoring same, this -aayof 7/IJf ,2006. DATE: 3-.~';'O~ BOARD OF COUNTY COMMISSIONERS ATTEST: :., COLLIER COUNTY, FLORIDA D~I...G...,..~r.:E"B~~./.K.,:,. C~.' RK ~ -, , ~' ~ ~ -:" '. . ,"-:\,.{:L-;- ~l)..( By:. -'C - -<" ". ~..,."." latzkow Date ant ollier County Attorney ~:d 3-llt> -610 ~O.. I""lo CI -- .,._-,-_..,,_..-.""'~--- 16A8 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 fit Lexkg rN19491.es 31 16A ° .� CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered in this I Ct 4 day of MAK.. + 2004 between Tousa Homes, Inc., d/b/a Engle Homes of SW Florida. 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: Reflection Lakes at Naples. 314. 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: seventeen (17) SFD residences and associated utilities, lot grading and landscaping within twelve (12) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $16,280.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been 1 1 6A9 furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Develop 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 Manger 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 design to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure,the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause 2 .. 16A9 : to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this I q 4, day of_44ts,.44 2006 SIGNED IN THE PRESENCE OF: (Name of Entity) 4.cJeL-DC7 By: GA L.__ Print Name: Christina Ward David A. Cobb, Division President. 5t Print Name/Title(President,VP, or CEO) rint Nam t ey oley Provide Proper Evidence of Authority ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: By: w : Dep ty . Jerk , Chairman Approved as to form And legal��^alsufficiency: ...... .....a._ Jeff E. ri ht, sistant County Attorney Approved for—JAK—February 200 3 Refit-0-6'0h Lcke-S 4k 1Japks 36 3" i6A1 0 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered in this 19.±k day of_M4, .c., & _ 2001, between Tousa Homes, Inc., d/b/a Engle Homes of SW Florida. 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: Reflection Lakes at Naples. 3 14 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: seventeen (17) SFD residences and associated utilities, lot grading and landscaping within twelve (12) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $16,280.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been 1 1 6 A 1 0 furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Develop 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 Manger 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 design to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause 2 1 6 A 1 0 to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this I Cl flA day of MARCH _200€. SIGNED IN THE PRESENCE OF: (Name of Entity) c J By: (2)Ak Print Name: Christina Ward David A. Cobb, Division President. Print Name/Title(President, VP, or CEO) Print afC-me: S .ce •� Provide Proper Evidence of Authority ATTEST:. BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROOK, Clerk OF COLLIER COUNTY, FLORIDA By: By. Att8st "dSf$p v.7` ' tv Clerk hairman signature onJs 1 Approved as to form And legal sufficiency: i Jeff E . I Assistant County Attorney Approved for—JAK—February 200 3 16All DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 16A12 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 16A13 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 ORIGINAL DOCUMENTS CHECKLIST & ROUTlNtsg.,A 1 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 0 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) 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 Bee 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 Lu. -::r~dr\ Phone Number Contact Agenda Date Item was /4.( 2.00<0 Agenda Item Number A roved b the BCC Am Type of Document aM Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A ~ot a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed 1(,5 by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's }fA 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 J/A 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 nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. If 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 3 . ~.rl. (enter date) and all changes 1(3 made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. I: Forms! County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 J6A14 MEMORANDUM Date: March 15, 2006 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract Amendment #RFP-04-3682; Exhibit A-I Law Enforcement Facilities Impact Fee" Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16AI4) approved by the Board of County Commissioners on Tuesday, March 14,2006. Kindly forward the documents to the appropriate parties for their records. The Finance Department and the Minutes & Records Department have their copies. If you should have any questions, please contact me at 774-8406. Thank you. Enclosures (3) , -""'~ EXHIBIT A-I Contract Amendment #RFP 04-3682 16 A 1 4 "Law Enforcement Facilities Impact Fee" This amendment, dated ~, 2006 to the referenced agreement shall be by and between the parties to the original Agreement, Tindale-Oliver and Associates, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract #RFP 04-3682 "Consulting Services for Impact Fee Studies" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per this Amendment. This Amendment shall extend the Agreement through May 25,2006. Description of change: Partial Update of Collier County Law Enforcement Impact Fee Study The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in the amount of Six Thousand Nine Hundred and 00/100 ($6,900.00). All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ~: :NT: J11l~ili ~lJ)jJ) _ · n~~ Corporate Secretary/Witness Tindale-Oliver and Associates, Inc. By: ~(tvt-s L,AQj) By: Sreu evt 4-.:rt-nd4.Lt Dated: .;7-"-1 t.}-O~ Title: "Pr65.IQ.PAt Dated: ~ -14.....010 CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIERCO~~ By: ~~ ' Frank Halas, Chairman ~ ~ ~ ATTEST: ~WIGHt E. BROCK, CLERK " ~~~~.O'l, ... .... At~fft 1 e .... , 'I1'Qftat""Oft , · . __". .. .~...._ '_h",- ORIGINAL DOCUMENTS CHECKLIST & ROUTIN1~ . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT THE BOARD OF COUNTY COMl\1ISSIONERS OFFICE FOR SI 1 5 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 throul!l: routine 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 PRI:MARY 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 \..!"j D ceiif' .( Phone Number --~/' -7 (/3 Contact Agenda Date Item was J t Agenda Item Number ) (r /) I J'- A roved b the BCC I Type of Document Number of Original ,;.:). Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Ini tial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from pr- contracts, agreements, etc. that have been fully executed by all parties except the BCC , Chairman and Clerk to the Board and ossibl State Officials.) - 2. All handwritten strike-through and revisions have been initialed by the County Attorney's r~/A Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chainpan's signature line date has been entered as the date of BCC approval of the 1\0'78 document or the final ne otiated contract date whichever is a lie able. <." 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's \._- si nature and initials are re uired. Y'\-l J' 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on ",'1 . I 'I O~ (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. 1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A15 MEMORANDUM Date: March 21, 2006 To: Michael Dowling, Property Management Specialist Real Estate Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Lease Agreement between Collier County and CPOC Realty, LLC Enclosed please find one (1) original lease document, as referenced above (Agenda Item #16A15) approved by the Board of County Commissioners on Tuesday, March 14,2006. The Minutes and Records Department has retained the other original document for public record. If you should have any questions, please contact me at 774-8406. Thank you. Enclosure (1) -- 16A15 LEASE AGREEMENT THIS LEASE AGREEMENT (sometimes hereinafter referred to as the "Lease") is made and entered into this 1'7 I/. day of Itl/l n'l' , 2006, by and between CPOC REALTY, LLC, (hereinafter called "Landlord"); and BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter called "Tenant"). The following Schedule (the "Schedule") is an integral part of this Lease, as are all of the Exhibits referred to in this Lease. The Schedule, the Exhibits, and the numbered paragraphs of this Lease, collectively, contain the terms and conditions of the Lease Agreement between the Landlord and Tenant. SCHEDULE 1. Name of Tenant: .............................. Board of County Commissioners, Collier County, FL 2. Tenant's address for notices before and after the Commencement Date: 3301 Tamiami Trail, Naples, Florida 34112 3. Area being leased ("Demised Premises," as depicted in Exhibit A): ............... 4,222 sq. ft. 4. Net Rentable Square Feet in Demise Premises: ... ....... .... ......... ................ ... 4,222 sq. ft. 5. Tenant's use of Demised Premises: ... ...... ...... ... ..... ... ... ... ........ ....... ....... General Office 6. Base Rent: See Section 3(a). 7. Additional Rent: See Section 3 (c) 8. Amounts due on execution of the lease: Third Month Base Rent* $ 5,013.63 First Month Additional Rent $ 946.43 Last Month Base Rent $ 5,639.66 Last Month Add'l Rent (est) $ 1,892.86 (est) Sales Tax (exempt) $ 0.00 Security Deposit $ 0.00 Total Due at Signing $ 13,492.58 *Tenant shall receive two (2) months free base rent at commencement. 9. Tenant's Proportionate Share of Building: ...... .............. ..... ..... ................ ........8.31 %. 10. Tenant's Real Estate Broker used for this lease: ...............................................Nj A Landlord's Real Estate Broker used for this lease: ................................. .C.B. Richard Ellis 11. Tenant improvements, if any: See Section 30. 12. Commencement Date: ........................................................................ March 15, 2006 13. Expiration Date: .................................................................................... May 14, 2009 14. Term: ................................................................................................... 38 months 15. Personal Guaranty: NI A 16. Tenant is a tax exempt entity and shall not be responsible for Florida State sales tax and any similar local tax applicable to the Base Rent, or Additional Rent (see Paragraph 9 infra.). 17. Landlord's name and address for notices & correspondence: YORK Property Management, LLC, 8805 Tamiami Trail North #112, Naples, FL 34103. 1. Demise, Description, and Use of Premises. Subject to and upon terms, provisions, covenants and conditions hereinafter set forth, and each in consideration of the duties, covenants and obligations of the other hereunder, Tenant does hereby lease, demise and let from Landlord those certain premises (hereinafter sometimes called the "Premises" or "Demised Premises") in the Collier Park of Commerce (hereinafter called the "Building"), in the Building located at 3050 N. Horseshoe Dr., Suites 110 and 115, Naples, Florida 34104 such Leased Premises being more 1 of 41 ......--....,........--.. ^",..-- .",-",- .<>,..._,.",,.,,,,,., ..------.-.-..- 16A15 particularly described as follows: approximately 4,222 square feet of Net Rentable Area (hereinafter defined) consisting of the area reflected in the description andj or the sketch attached hereto as Exhibit" A" and made a part hereof, identified by the signatures or initials of Landlord and Tenant. The term "Net Rentable Area" as used herein shall refer to all space measured from the inside surface of the outer wall, excluding only the areas ("Service Areas") within the outside walls used for building stairs, fire towers, elevator shafts, flues, vents, pipe shafts and vertical ducts, but including any such areas which are for the specific use of the particular tenant such as special stairs or elevators. No deductions from Net Rentable Areas are made for columns necessary to the Building. The Net Rentable Area represents Landlord's best estimate of the area comprising the Net Rentable Area of the Leased Area, which estimate is acceptable to Tenant. Landlord and Tenant agree that there shall be no adjustment in Base Rent or other monies due hereunder in the event that the Leased Premises are any larger or smaller than that estimated herein. 2. Term/Commencement & Expiration Dates: The term of this Lease shall be for thirty-eight (38) months, commencing March 15, 2006. The term "Lease Year" as used herein shall mean a twelve (12) month period commencing on the first day of the Term hereof and ending on the last day of a twelfth full calendar month thereafter, and each successive twelve (12) month period shall be a Lease Year. The date of commencement of the term of this Lease (the "Commencement Date") shall be the earlier of: (1) the date upon which Landlord shall substantially complete the Landlord's Work (as hereinafter defined); (2) the date on which the Tenant opens the premises for business to the public; and (3) March 15, 2006. The date of expiration of the term of this Lease shall be the earlier of: (i) the date which completes thirty-eight (38) months from the commencement date and (ii) any earlier date upon which this Lease is terminated pursuant to the terms and conditions contained herein (the "Expiration Date"). Upon the request of the Landlord, Tenant shall execute Exhibit "B" in recordable form confirming the Commencement and Expiration Dates of the Lease. 3. Base Rent. (a) The fixed base Rent (also referred to as base rent) during the term of this Lease shall be payable by Tenant in equal monthly installments on the first day of each month in advance and shall be at the monthly rate as follows: Monthly Base 6% State Sales Tax Monthly Base Period Rent On Base Rent Rent and Tax Year 1 $5,013.63 NjA $5,013.63 Year 2 $5,214.18 NjA $5,214.18 Year 3 $5,422.75 NjA $5,422.75 Year 4* $5,639.66 NjA $5,639.66 *2 months (b) The phrase "Base Rent" shall mean the fixed minimum rent above specified without any set-offs or deductions whatsoever and without any prior demand being required therefore. (c) Additional Rent, as herein defined, shall be payable by Tenant in equal monthly installments on the first day of each month in advance during the term of the Lease, together with all applicable sales tax. Landlord reasonably estimates that the Additional Rent (exclusive of sales tax) for calendar year 2006 is estimated to be $5.38 per square foot or $1,892.86 per month, plus sales tax. However, no warranties or 2 of 41 ,-,- .m,.,_.__o,"___'__"___"_'_ ~ ..-.....-.>...---- .. ". ... Ill",..r .". ...,"".-......~'" ill :. ...._._-""_._----"".._""~",.~"".~--"'--",.,'.._'"..'''''..~,.~---"'.,_.,.,.,-'~._-..~ 16A15 representations are made by Landlord as to the accuracy of this estimate of Additional Rent, which estimate is given to Tenant only for Tenant's planning purposes. The actual amount of Additional Rent shall be computed as soon as practical following the end of the calendar year; at which time the actual amount of Additional Rent that was due Landlord by Tenant for the calendar year shall be computed. Any amounts still due and owing to Landlord for Tenant for Additional Rent for the calendar year shall be paid by Tenant to Landlord within thirty (30) days of Landlord's demand for same; any overage paid by Tenant to Landlord for Additional Rent for the calendar year shall be applied against the Additional Rent liability owed to Landlord by Tenant for the next calendar year. The same policy will apply to subsequent lease years. (d) If the monthly Base Rent and Additional Rent is not received by the Landlord within five (5) days of the due date each month, Tenant shall pay Landlord a late fee equal to the greater of 5% of the outstanding amount or $100.00 per month. (e) Tenant shall receive two (2) months free base rent at the commencement of the Lease. Tenant shall pay fifty per cent (50%) of additional rent due for the first two (2) months of the Lease. Thereafter Tenant shall pay additional rent in accordance with Paragraph 3(c) above. 4. Base Rent Increase. Commencing with the first day of the first month each Lease Year after the first Lease Year during the Term of this Lease, annual Base Rent shall be increased by: (4.0%) See rent schedule section 3(a) herein. 5. Option to Extend. None. 6. Security Deposit. On or before execution of this Lease, Tenant shall pay to Landlord a Security Deposit in the amount of N / A, to be retained throughout the term by Landlord as security for the payment by Tenant of all monies due Landlord hereunder, and for the faithful performance by Tenant of the covenants contained in this Lease. If, following the posting of the Security Deposit, at any time, Tenant shall be in default under any of the provisions of this Lease, Landlord shall be entitled at its sole discretion, to use the Security Deposit or so much thereof as may be necessary, in payment of (a) any Base Rent or other monies due Landlord hereunder, for the payment of which Tenant shall then be in default and (b) any damages, costs or expenses (including attorney's fees) incurred by Landlord in causing Tenant to restore and refund the portion of the Security Deposit so used or applied by Landlord. The Security Deposit shall not be required to be segregated from the other funds of Landlord and no interest shall be paid by Landlord to Tenant with respect to the Security Deposit. If Landlord must utilize the Security Deposit, or any portion thereof for the purposes permitted, Tenant shall promptly restore same to Landlord within fifteen (15) days of Landlord's written demand therefore. Any portion of the Security Deposit which shall not be utilized by Landlord for any purpose permitted hereunder shall be returned to tenant following the expiration of this Lease. 7. Common Areas a. Common Area Maintenance ("CAM") Cost Contribution. As Additional Rent, Tenant shall pay to Landlord Tenant's Pro Rata Share of all costs and expenses incurred by Landlord in connection with ownership, operation, and maintenance of the Building. Common Areas and all lands within which the premises is located (hereinafter referred to as the "Common Operating Costs"), including, but not limited to the following: (a) the real estate taxes and assessments, including ad valorem and non-ad valorem, and personal property taxes, imposed upon the Building 3 of 41 ..0'__.....____,_"'.._""'""""''"'''__'''''';''''','_.." .,.,""..... -.. .'''H....___....'''''' -- -,-.-.- 16Al '5 and surrounding lands by any governmental or quasi-governmental authority ("Tax Contribution"); (b) Landlord's cost of contesting any real estate and personal property taxes and assessments for the Building; (c) Landlord's insurance, including, but not limited to, liability insurance for personal injury, death, and property damage; insurance covering the Building against fire and extended coverage, theft, vandalism, malicious mischief or other casualties; workers' compensation insurance; plate glass insurance; automobile insurance; sign insurance; flood insurance; sinkhole insurance; and other insurance for the Building in amounts selected by Landlord; (d) cleaning, maintaining and repairing of the entire Building and Common Areas or any portion thereof or inclusive of the roof (except the portions of the Building to be maintained by the Tenants of the Building) and all equipment and personal property serving the Common Areas together with reasonable reserves therefore; (e) painting of the entire Building or any portion thereof or Common Areas, or the amortization of painting expense or establishment of a reserve therefore; (f) the maintenance, repair and replacement of water, sewer, drainage, electric, and other utility lines and service serving the Building or Common Areas; (g) depreciation of equipment and personal property of Landlord used in connection with the cleaning, maintenance, repair, and operation of the Common Areas, and rent paid for the leasing of any such equipment and personal property; (h) the operation and maintenance of signs (excluding maintenance of individual tenant signage); (i) fire protection and fire hydrant charges; U) security service, if any; (k) water and sewer charges and electrical utilities for the Common Areas; (1) any required licenses, permit fees, monitoring, compliance, or operational requirements imposed by any governmental authority in connection with the Building; (m) the installation, operation, and maintenance of supplying music or seasonal decorations, if any, to the Common Areas; (n) providing on and off-site traffic control; (0) lighting, heating, ventilating, and air conditioning the Common Areas; (p) sweeping, pressure cleaning, striping, sealing, painting and resurfacing of all parking areas, parking garages, roads, access ways and sidewalks; (q) the maintenance, planting, replanting, and replacement of sod, flowers, shrubbery, plants and trees, and the maintenance of sprinkler or irrigation systems for such landscaping; (r) trash, refuse, solid waste, and garbage removal for the entire Building (unless at Landlord's option, Landlord requests Tenant to pay such costs directly to the entity providing trash removal service); (s) pest control and extermination services for the entire Building; (t) reserves for deferred repairs, maintenance and replacements; and (u) an administrative fee up to 15% of the total Common Operating Costs. The foregoing list of Common Operating Costs shall not be deemed to impose any requirement that Landlord incur such expenses or provide such services to or on behalf of Tenant or in connection with the operation and maintenance of the Building and/ or Common Areas. (b) Amount Payable. Tenant's Common Operating Cost Contribution shall be paid to Landlord monthly, on the first day of each and every calendar month throughout the term plus applicable sales taxes, on the basis of Landlord's good faith estimate of the Common Operating Costs Contribution, which may be revised by Landlord from time to time and at any time, by written notice to Tenant at least ten (10) days prior to the due date of the next Common Operating Cost Contribution. (c) Statements of Common Area Maintenance Costs. Within one hundred and eighty (180) days after the end of each calendar year, Landlord shall prepare and deliver to Tenant a statement of all Common Area Maintenance Costs actually incurred by Landlord for the prior calendar year. If the statement reflects Tenant underpaid its Pro Rata Share of the actual Common Area Maintenance Costs, then within thirty (30) days after delivery of the statement or bill Tenant shall pay any deficiency. If the statement reflects that Tenant overpaid its Pro Rata Share of the actual Common Area Maintenance Costs for the calendar year, then within thirty (30) days after the delivery of the statement or bill, Landlord shall credit the excess to Tenant or, at Landlord's option, direct Tenant to deduct such excess from future Rental Payments payable by Tenant. If this Lease commences or terminates in the middle of a calendar year, Tenant's Pro Rata Share of all Common Operating Costs for such calendar year shall be prorated based upon the number of days in the 4 of 41 - w v ...,-,.~-~""~. -'.,,- 16A15 calendar year after the Commencement Date, or prior to the termination date, and without regard to when any particular Common Are Maintenance Costs were actually incurred during the calendar year. If this Lease terminates in the middle of a calendar year, then as soon as Landlord is able to determine Tenant's actual Pro Rata Share of Common Are Maintenance Costs for the portion of the year to the termination of this lease, Landlord shall notify Tenant of same, and within ten (10) days thereafter, Tenant shall pay any additional amount owed to Landlord, or Landlord shall refund to Tenant or apply against any other monies owed to Landlord any excess amount aid by Tenant. (d) Determination of Tenant's Responsibility. Tenant' pro-rata responsibility (also referred to throughout this Lease as "Pro Rata Share") for the Common Area Maintenance Cost Contributions shall be 8.31 %. (e) Special Provision for Separately Charged Common Area Maintenance Cost Contribution. Landlord may require Tenant to separately pay for any particular cost or expense relating to the Premises which would otherwise be included in the Common Area Maintenance Cost Contribution. Particular costs or expenses which may be required to be separately paid by Tenant may include, but are not limited to, additional insurance premiums incurred as a result of the particular Premises, business or equipment of Tenant. (f) Returned Checks. Should Tenant's checks for payment hereunder be returned two (2) times during the term of this lease for 'insufficient funs", "stopped payment", "account closed" or any other reason, Landlord may demand payment of all amounts due hereunder by cashier's check, money order, or certified funds. 8. Place of Payments. All payment required to be paid by Tenant to Landlord shall be delivered to: York Propety Management, LLC, c/o Southtrust Bank, P.O. Box 918910, Orlando, Florida 32891-8910, without any prior demand for the same, unless a different place of payment is designated by Landlord in writing. 9. Warranties of title and Ouiet Possession. Except as set forth in the Addendum attached hereto, Landlord covenants that Landlord is seized of the Premises in fee simple and has full right to make this Lease, and that Tenant shall have quiet and peaceable possession of the Premises during the term hereof. 10. Delivery of Possession. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant at the commencement of the Lease Term, as herein before specified, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom; but in that event there shall be a proportionate reduction of rent covering the period between the commencement of the Lease Term and the time when Landlord can deliver possession. 11. Limits of Representations. The Premises are leased "As Is"; and neither Landlord nor Landlord's agents have made any representations, warranties or promises with respect to the Premises or its suitability for any purpose contemplated by Tenant or this Agreement, except as set forth in this Lease. Tenant shall be solely responsible for determining the suitability of the premises for the use contemplated by Tenant under the Lease. 12. Permitted and Prohibited Uses of Demised Premises. (a) Tenant shall use the Demised Premises for the purposes indicated on the Schedule on page 1 of this Lease and no other. Tenant shall not use or permit or suffer the use of the Demised Premises for any other business or purpose, without the Landlord's prior written consent, 5 of 41 _.._...._--,-""....~--_...'.~._.._'"...__.....' --,~_."'-~ - _.w,,__ 16A15 which may be unreasonably withheld. (b) Tenant shall not use or permit the Premises, or any part thereof, to be used for any purpose or purposes other than the purpose or purposes for which the Premises are hereby leased; and no use shall be made or permitted to be made of the Premises, or acts done, which will cause a cancellation of any insurance policy covering the building located or to be located on the Premises, or any part thereof, nor shall Tenant sell, or permit to be kept, used, or sold, in or about the Premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall, at its sole cost, comply with all requirements, pertaining to the Premises, of any insurance organization or company, necessary for the maintenance of insurance, as herein provided, covering any building and appurtenances at any time located on the Premises. (c) Tenant shall (a) conduct its business in the entire Demised Premises; (b) remain open for business during customary business days and hours; (c) keep the Demised Premises and exterior and interior portions of windows, doors and all other glass or plate glass fixtures in a neat, clean, sanitary and safe condition; (d) neither solicit business nor distribute advertising matter in the parking or other common areas. 13. Waste and Nuisance Prohibited. During the Lease Term, Tenant shall comply with all applicable laws affecting the Premises, the breach of which might result in any penalty on Landlord or forfeiture of Landlord's title to the Premises. Tenant shall not commit, or suffer to be committed, any waste on the Premises, or any nuisance. 14. Fixtures. All trade fixtures installed by Tenant on the Premises shall be new or completely reconditioned and shall remain Tenant's personal property, subject to Landlord's statutory lien for unpaid rent. At the expiration of the Lease Term, Tenant may remove all its personal property that is removable without injury to or defacement of the Premises; provided, however, all rents and other charges are paid in full and Tenant is not otherwise in default under this Lease; and further provided that any damage to the Premises resulting from such removal shall be simultaneously repaired at Tenant's sole expense. Tenant agrees that all personal property installed by Tenant in the Premises shall be at Tenant's sole risk and/or those claiming under Tenant. Landlord shall not be responsible to Tenant, or liable to Tenant for any loss resulting to Tenant caused in any manner whatsoever. 15. Abandonment of Premises. Tenant shall not vacate or abandon the Premises at any time during the Lease Term hereof. If Tenant shall abandon, vacate or surrender the Premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned, at the option of Landlord, except such property as may be encumbered to Landlord. The premises shall be deemed abandoned if (1) Tenant gives Landlord notice of abandonment; (2) the Landlord has actual knowledge of abandonment; (3) in the absence of Landlord's knowledge of abandonment, the Tenant shall be deemed to have abandoned the rented Premises if (a) the Landlord reasonably believes that the Tenant has been absent from the rented Premises for a period of thirty (30) consecutive days; (b) the rent is not current; and (c) a notice pursuant to Section 83.20 (2) has been served and ten (10) days have elapsed since service of such notice. The Tenant will not be deemed to have abandoned if the rent is current or Tenant has notified the Landlord in writing of an intended absence from the Premises. 16. Landlord's Right of Entry. Tenant shall permit Landlord and the agents and employees of Landlord to enter into and upon the Premises at all reasonable times for the purpose of inspecting the same, or for the purpose of posting notices of non-responsibility for alterations, additions, or repairs without any rebate of rent and without any liability to Tenant for any loss of 6 of 41 ..__~_".__.._~_,~."_~.__,",_.~.__,..._"."..".___,.,.,",,,,,,"",.....'''".0...''''''.''......,'"'',.,.."'"''''''..'''..''"_'''''''__............".,,_''''''_.""'___..;,__.,'"."_,___....;"..,'"~"..w..,<",......,"'";_.,"'~,.,,__..~._.."'..,"",...."'.,_=<.',.._,,,.".._.._'....._ -"" .",,~------~._~ 1 6A15 occupation or quiet enjoyment of the Premises thereby occasioned, and shall permit Landlord and its agents and employees, at any time within the last six (6) months prior to the expiration of this Lease, to place on the Premises any usual or ordinary "To Let", "To Lease", or "For Sale" signs and exhibit the Premises to prospective tenants at reasonable hours. 17. Assignment/Subletting. (a) Except as described below, Tenant shall not have the right at any time to mortgage or assign this Lease or to grant any sublease, concession or license, or to make any other assignment of its interest without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. If Landlord does not elect to exercise its right of recapture described below, Landlord's consent to a proposed assignment will not be unreasonably withheld if the proposed assignee, sub-lessee, licensee or concessionaire has a net worth and financial and business reputation satisfactory to Landlord (and at lease equal to or exceeding that of Tenant as of the date hereof), and if such proposed transferee expressly, in writing, assumes and agrees to perform all of Tenant's obligations under this Lease and to be bound by all of the terms and conditions of this Lease. Consent by Landlord to one or more assignments, sub-Iettings or transfers shall not operate to exhaust Landlord's rights under this section, nor shall Landlord's consent to any assignment in any way operate to release Tenant from any of its obligations under this Lease. Any attempt at assignment, subletting, mortgage or the granting of any unauthorized concession or license by Tenant, voluntary or involuntary, without such prior written consent, shall be void and of no force and effect; and Landlord's acceptance of rent from any party other than the named Tenant shall never be construed as Landlord's consent to any such unauthorized transfer but shall be deemed to be acceptance of payments made on behalf of Tenant. (b) The transfer of Tenant's assets, stock or controlling interest shall be viewed as an assignment of this Lease. (c) Notwithstanding the foregoing, Tenant shall have the right to assign this Lease, in whole or in part, to any affiliate, subsidiary or parent of Tenant, or any entity which is controlled by Tenant, or controls Tenant, of equal or greater financial strength of Tenant, as reasonably determined by Landlord. In the event of said assignment or sublease, Tenant shall not be released from its obligations hereunder; and, further, any assignee or sub-lessee shall be obligated to same extent as Tenant to perform .all of Tenant's obligations under the terms of this lease applicable to the area which is the subject of the assignment or sub-lease. lS. Right of Recapture. In the event that Tenant shall desire Landlord's consent to any particular assignment or sub-let of this Lease, Tenant shall give Landlord six (6) months' prior written notice thereof, together with the name of the proposed assignee or sub-tenant and evidence of such assignee's net worth and financial and business reputation. Such notice shall be deemed to be an offer by Tenant to sub-let the Premises to Landlord for the balance of the term upon all the same terms, covenants and conditions as are contained in this Lease at Landlord's option. In the event that Landlord does not accept such offer in writing within the six (6) months' notice period, Landlord's right to sub-lease the Premises or acquire this Lease by assignment shall be deemed to be waived; but nothing herein contained shall be deemed to be a consent by Landlord to any assignment to any other person or entity unless Landlord delivers to Tenant its written consent thereto. Notwithstanding Landlord's consent to assignment or sublet on anyone occasion, the right to recapture as aforesaid shall apply to any further assignment or sub-let of the Premises. 19. Common Areas Defined. The term "Common Areas" shall mean all areas, space, facilities, equipment, signs and special services from time to time made available by Landlord for the 7 of 41 ~_~-......-,.._......,....~__._.~_.._",.u_...._"~__ .. _-....--_.__._--"""'._,..--...,,"",.,~~_..----.,.,_.._"_._." _.""..,."U__'~_"_"'"".__ 16A15 common and joint benefit of Landlord, Tenant and other tenants and occupants of the Building, and includes customer parking areas, employee parking areas, sidewalks, ramps, service roads, delivery areas, landscape areas, retaining or buffer walls, underground utilities, sewers and drains, and any other facilities provided for the general or beneficial use of the tenants or occupants of the Building. 20. Grant of Use of Common Areas. Landlord grants to Tenant and its employees and invitees during the Lease Term, together with and subject to the same rights granted from time to time by Landlord to other tenants and occupant of the Building, the right to use the Common Areas for their respective intended purposes, subject to the Rules and Regulations promulgated by Landlord. 21. Landlord's Maintenance and Control. Landlord agrees to maintain and operate, or cause to be maintained and operated, the Common Areas. Landlord shalL as between Landlord and Tenant, at all times during the term have the sole and exclusive control, management, and direction of the Common Areas, and may at any time and from time to time during the Lease Term, exclude and restrain any person from use or occupancy thereof, excepting, however, Tenant and other tenants of Landlord and bonafide invitees of either who make use of said areas for their intended purpose. The rights of Tenant in and to the Common Areas shall at all times be subject to the rights of others to use the same in common with Tenant or resulting from Tenant's operations. Landlord may at any time and from time to time close all or any portion of the Common Areas to make repairs or changes to such extent as may, in the opinion of the Landlord, be necessary to prevent a dedication thereof or the accrual of any rights to any person or to the public therein, close temporarily any or all portions of the said areas to discourage non-customer parking, and do and perform such other acts in and to said areas as, in the exercise of good business judgment, Landlord shall determine to be advisable with a view to the improvement of the convenience and use thereof. 22. Modification by Landlord. The Common Areas are the private property of Landlord and are at all times subject to the unrestricted control of Landlord. Tenant agrees that Landlord shall at all times have the right and privilege of determining the nature and extent of the Common Areas, whether the same shall be surface or underground, and of making such changes, rearrangements, additions or reductions to the Common Areas in any manner whatsoever that Landlord shall deem proper, or which are made as a result of any federal, state or local law, rule, regulation, guideline or order, including but not limited to, the location, re-Iocation, enlargement, reduction or addition of accommodations for access to the Building by public transportation, driveways, entrances, exits, automobile parking spaces, employee and customer parking areas, the direction and flow of traffic, installation of prohibited areas, landscape areas, lighting facilities, and any and all other facilities of the Common Areas. Landlord may from time to time make, anywhere within the Building, alterations, reductions, or additions to the Common Areas or Building or any lands added thereto, construct additional buildings, or improvements on the Common Areas or elsewhere and make alterations thereto, and build additional stories on any buildings, and construct roofs, walls, and any other improvements. If the amount or type of the Common Areas are diminished, increased or otherwise altered, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation nor diminution nor abatement of rent, nor shall the diminution, enlargement or alteration of such areas be deemed a constructive or actual eviction. 23. Parking. Tenant agrees that it shall cause Tenant and its employees to park their vehicles at places which Landlord may designate for employee parking. If Tenant or its employees park their vehicles in any areas other than the employee parking area designed by the Landlord, Landlord may in its sole discretion tow such vehicles at Tenant's expense. No boats, recreational vehicles, trailers, buses, or heavy machinery shall be permitted to be parked by Tenant or its employees unless approved by Landlord in writing. 8 of 41 w,~,_",_""_,,,,___;,.,;,___~,'~'_'_"";>._'_~''''''''''"_.''''''''"____._,',_""'_"._._,_...,""',__.._;."_"".,~._,~~___....,,.,"'_'_-""_~"._.._..__".__~~__~__._ 16A15 24. Personal Property Taxes. Tenant shall pay, prior to delinquency, all taxes assessed or levied upon its business operation, and upon its leasehold interest, trade fixtures, furnishings, equipment, merchandise, and personal property of any kind owned, installed, or used by Tenant in, on, or upon the Premises, and all alterations, changes, and additions thereto. Where possible, the parties shall cause the foregoing to be assessed and billed separately from the tax bill for the Building. In the event any or all of the foregoing shall be assessed and taxed with the real estate taxes for the Building, Tenant shall pay to Landlord the Tenant's share of such taxes as an additional Rental Payment within thirty (30) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such real estate taxes and the portion thereof applicable to the foregoing. 25. Sales Tax. Tenant is a sales tax exempt political sub-division of the State of Florida and, as such shall not be responsible for State sales tax. Tenant shall deliver to Landlord a tax exempt certificate. 26. Utilities and Related Charges. Tenant agrees to pay for all public utility services rendered or furnished to the Premises during the Lease Tern, including (without limiting the same) heat, water, gas, electricity, sewer rental, sewerage charges, trash collection fees, fire protection charges; together with all taxes, levies, and any other like charges on such utilities or included on such utility billings. In the event Landlord rebills Tenant for any utilities, Tenant shall pay same to Landlord within ten (10) days from the date of such billing. Landlord shall not rebill any utility to Tenant at a rate higher than Tenant would have paid directly to the utility company for the same quality and quantity of service. In no event shall Landlord be liable for any interruption or failure in the supply of any such utilities to the Premises. Tenant shall pay directly to any utility company or governmental agency, or shall reimburse Landlord if prepaid by Landlord, all water and sewer hookup charges, connection fees, impact fees, or other similar charges imposed by such utility company or governmental agency specifically relating to Tenant's occupancy or use of the Premises. 27. Insurance. (a) Landlord's Insurance. Landlord shall procure and maintain throughout the term of this Lease, a special perils insurance policy, which shall insure the Building for losses, caused by fire, windstorm, and flood. However, the parties recognize that flood insurance will not be available through a commercial carrier if the property is within an area designated by the Secretary of Housing and Urban Development as having special flood hazards. In that case, i.e., where commercial flood insurance is not available, Landlord shall also procure and maintain throughout the term of the Lease flood insurance on the Building in accordance with Title 44, Code of Federal Regulations and Title 42, United States Code. The Landlord shall also maintain liability insurance in commercially reasonable amounts. Tenant agrees to pay its pro rata share of the cost of all such insurance coverage as a part of its Additional Rent. Tenant agrees that it will not keep, use, sell, or offer for sale, in or upon the Demised Premises, any article, which may be prohibited by the Landlord's insurance policy. In the event there is an increase in the premium charged by the insuring company or its authorized agent as a result of Tenant's use or occupancy of the Demised Premises, Tenant shall pay upon demand the increase in the premium. Tenant agrees to promptly make, at Tenant's sole cost and expense, any repairs, alteration, changes and/or improvements required by the company that issues Landlord's insurance policies so as to avoid the cancellation of said insurance. 9 of 41 ,-.._---~ .._------......._.-._--'....'_._-_._--~-~""'.,.._..._,- ""--"""'...---~--------,.._-_.^~..,.._. -_.._.~ 1 6A15 (b) Tenant's Insurance. Tenant shall, during the Lease Term, at its sole cost, risk and obligation, keep in full force and effect, statutory workmen's compensation insurance, a policy of public liability and property damage insurance with respect to the Demised Premises, and the business conducted by Tenant and any subtenants of Tenant in the Demised Premises, in which the limits of public liability and property damage insurance shall be not less than One Million Dollars ($1,000,000.00) combined single limit and additional insurance with liability coverage of at least Two Million Dollars ($2,000,000.00) naming both the Tenant and Landlord. Tenant shall also carry fire and extended coverage insurance which shall cover loss and damage caused by fire, tornadoes, hurricanes, and any other natural disaster for the full replacement value of all improvements, alterations, additions and partitions whether made or installed by Landlord or Tenant in the Demised Premises; Tenant's personal property including, but not limited to, inventory, trade fixtures, equipment, furnishings and other personal property together with insurance against sprinkler damage, vandalism, theft and malicious mischief; and any and all other coverage which Tenant desires to carry or is required to carry by law. The Tenant's liability policy and casualty policy shall include Landlord, and any persons, firms or business entities having an insurable interest designated by Landlord from time to time, as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord thirty (30) days prior written notice. The insurance shall be in an insurance company licensed to do business in the State of Florida and approved by Landlord. A copy of the policy or certificate of insurance shall be delivered to Landlord prior to delivery of possession of the Demised Premises to Tenant and thereafter within thirty (30) days prior to the expiration of the term of each said policy. If Tenant fails to furnish Landlord with a copy of any insurance policy required to be furnished by Tenant to Landlord when due and such failure continues for ten (10) days after written notice from Landlord, Landlord may assess and collect an administrative fee of Twenty-Five and 00/100 Dollars ($25.00) for each day such policy or certificate has not been received in the office of Landlord at the close of each business day. Additionally, if Tenant refuses or neglects to secure and maintain insurance policies complying with the provisions of this Paragraph, Landlord may, but shall not be required to, secure and maintain such insurance policies and Tenant shall pay the cost thereof to Landlord, upon demand. (c) Limitation on Landlord's Liability. Landlord and Landlord's agent and employees shall not be liable to Tenant or to anyone claiming under Tenant for damage to person or property resulting from (a) equipment or appurtenances becoming out of repair; (b) Tenant's failure to keep the Demised Premises in repair; (c) any defect in or failure of the sprinkler system, plumbing, heating or air conditioning equipment, electric wiring or installation thereof, gas, water, steam, pipes, stairs, porches, railings, or walks; (d) broken glass; (e) the backing up of any sewer pipe or downspout; (f) the bursting, leaking or running over of any tank, tub, washstand, water closet, waste pipe, drain, or any other pipe or tank, in or upon the Building or Demised Premises, or noxious odors resulting therefrom, or the escape of steam or hot water; (g) water, or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Building or Demised Premises or otherwise; (h) the falling of any fixtures, plaster, or stucco; (i) any act, omission, or negligence of co-tenants or other persons or occupants of the Building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property of Landlord; and G) any act which might be considered directly caused by rodents, insects, bugs, or pests in general. Landlord agrees that Landlord and Landlord's agents shall be responsible, however, for their gross negligent acts hereunder, but only to the extent that any such damage or liability is not covered by perils against which Tenant is required by this Lease to insure. 10 of 41 ---,-".,.--"".._-,-"--,----,. '1'" ""'T, V T --_....._._"-..,.-.._".__._----",._~'".._-~----~-"_..,-_.,---- 16A15 (d) Indemnification of Landlord. Tenant shall indemnify Landlord and Landlord's agents and save it harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/ or damage to property arising from or out of any occurrence in, upon or at the Demised Premises, or by reason of the occupancy or use by Tenant of the Demised Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, tenants or concessionaires. In the event Landlord and/ or its agents shall, without fault on their part, be made party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord and/or its agents harmless and shall pay all costs, expenses and reasonable attorney fees that may be incurred or paid by Landlord and/ or its agents in connection with such litigation. (e) Mutual Waiver of Subrogation. The fire and extended coverage insurance policies carried by the Landlord to insure the Building and by the Tenant to insure its fixtures and personal property located in the Demised Premises shall each include or permit a waiver of all rights of subrogation as set forth below. Each of the parties (to the extent of the coverage provided by the respective insurance policies carried by such party) agrees to and does hereby waive all rights of recovery and causes of action against the other and all persons claiming through or under such other party, by way of subrogation or otherwise for any damage to the Building or Demised Premises, or the personal property, as the case may be, caused by any of the perils covered by such fire and extended coverage insurance policies (as now or hereafter constituted), notwithstanding that any such damage or destruction may be due to the negligence of such other party or of the persons claiming through or under such other party. (f) Landlord's Right to Pay Premiums on Behalf of Tenant. All of the policies of insurance, which the Tenant is required to maintain, shall be written in form satisfactory to Landlord and by insurance companies satisfactory to Landlord. All such insurance policies shall expressly waive any right of subrogation of the insurer against Landlord and the holder of any mortgages encumbering the Demised Premises. Tenant shall pay all of the premiums therefor and deliver such policies, or certificates thereof, to Landlord; and, in the event of the failure of Tenant either to effect such insurance in the names herein called for or to pay the premiums therefor or to deliver such policies, or certificates thereof, to Landlord, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, which premiums shall be repayable to Landlord with the next installment of rental, failure to repay the same carrying with it the same consequence as failure to pay any installment of rental. The insurance policy or policies required hereunder shall name Landlord and/ or Landlord's agents, as the case may be and Tenant as insureds as their interests may appear, and each insurer shall agree by endorsement on the policy or policies issued by it or by independent instrument furnished to Landlord that it will give Landlord thirty (30) days written notice before the policy or policies in question shall be altered or canceled. Landlord agrees that it will not unreasonably withhold its approval as to the form or to the insurance companies selected by Tenant. The insurer of any policies required hereunder shall be qualified to do business in the State of Florida and shall have a "Best" rating of A or better. (g) Definition of Full Replacement Value. The term "full replacement value" of improvements as used herein shall mean the actual replacement cost thereof from time to time. n of 41 -~~.---,~--,.,~._,_.~._._.~-,=-,~-~-"'""'-,--_.~_.,.~~--_...._;"".-----_.._-------.._-,.."""""'.,,.,."'---,--.~."..._-'--,'~,."-",-_.>-.."--_..._,."'_.-..._-_._~-,- 16A15 28. Repairs Landlord shall not be required to make any repairs or improvements of any kind upon the Demised Premises except for necessary exterior structural repairs. Tenant, at its sole cost and expense, shall take good care of and make necessary repairs and replacements, to the interior and exterior of the Demised Premises and the fixtures and equipment therein and appurtenances thereto, including the exterior and interior windows, doors and entrances, sidewalks, fronts, signs, floor coverings, interior walls, ceilings, columns and partitions. Tenant expressly agrees to maintain, repair and replace all electrical equipment and HV AC equipment in the Demised Premises. (a) Landlord shall maintain and keep in good order and repair as the Landlord, in the exercise of the Landlord's judgment, may deem necessary, the roof, the outside walls and structural portions of the building. Throughout the term of the lease and any extensions or renewals, Tenant shall, at Tenant's sole expense, maintain an HV AC service contract which shall provide for regular maintenance of the HV AC system on no less than a quarterly basis. (b) If Tenant (a) refuses or neglects to make repairs, or (b) if Landlord is required to make exterior structural repairs by reason of Tenant's negligent acts or omissions, Landlord shall have the right, but shall not be obligated, to make such repairs on behalf of and for the account of Tenant. In such event, such work shall be paid by Tenant as Additional Rent promptly upon receipt of a bill thereof. 29. Destruction of Iml'rovements. (a) Obligations and Rights Upon Casualty. In the event that the Building shall be damaged or destroyed by fire or other casualty insurable under standard fire and extended coverage insurance (which is not caused by Tenant's intention acts, willful misconduct or gross negligence) and Landlord does not elect to terminate this Lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild structural portions of the Building. If the Building shall (a) be destroyed or substantially damaged by a casualty not covered by Landlord's insurance; or (b) be destroyed or rendered untenantable to an extent in excess of twenty-five percent (25%) of the first floor area by a casualty covered by Landlord's insurance; or (c) be destroyed or substantially damaged during the last two (2) years of the Lease Term; or (d) be destroyed or substantially damaged and the holder of a mortgage deed of trust or other lien on such building at the time of the casualty, elects to accept insurance proceeds in satisfaction of all or part of the indebtedness secured by the mortgage, deed of trust or other lien, then Landlord may elect to either terminate this Lease as hereinafter provided or to proceed to rebuild and repair the Building. Should Landlord elect to terminate this Lease it shall give written notice of such election to Tenant within ninety (90) days after the occurrence of such casualty. If Landlord should not elect to terminate this Lease, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the Building. In the event of any damage or destruction to the Premises, Tenant shall, upon notice from Landlord, forthwith remove, at Tenant's sole cost and expense, such portion or all of Tenant's trade fixtures and all other personal property belonging to Tenant from such portion or all of the Premises as Landlord shall request. During the period from the occurrence of the casualty until Landlord's repairs are completed, the Base Rent shall be reduced proportionately as to that portion of the Premises that is untenantable; however, there shall be no abatement of Additional Rent payments. 12 of 41 ____..~"'~_c_"~_".._..._"...........;._"".."."'",._,,.._'...',~,..."'"...~,"""..,~,__'"_.,_____,"",_...._..._",.__"""","";,,,",~'~h,,"-,,".",~,,,-_~_-.....~"._'~_"_'."_'"."'~."_~""'_"."_'_~~"'_" ,,- - 16A15 (b) Restoration. Landlord's obligation to rebuild and repair under this section is limited to restoring the structural portions of the Building. Landlord shall have no obligation to restore the Leased Premises to substantially the condition in which the same existed prior to such casualty and shall not be required to perform interior portions of the Building. Tenant agrees that promptly after completion of restoration of the Building by Landlord, Tenant will proceed with reasonable diligence and at Tenant's sole cost and expense to restore, repair and replace the interior of the premises, including all improvements, alterations, additions, trade fixtures, signs, equipment and other personal property comprising the Leased Premises in a condition to at least equal to that prior to its damage and destruction. The proceeds of all insurance carried by Tenant for reconstruction of said improvements and personalty shall be held in trust by Tenant for the purpose of such repair and replacement. 30. Landlord/s Work/fenant's Installations and Improvements. (a) The Landlord shall provide the Demised Premises" As Is". If any work is to be performed by Landlord, such work will be identified in Exhibit "C". Any work not provided in Exhibit "C"shall be performed by Tenant at Tenant's sole expense. Tenant shall be solely responsible for providing and installing all improvements and/ or equipment desired by Tenant at its own cost and expense. Tenant shall fully equip the Demised Premises with all necessary equipment necessary for the proper operation of Tenant's business, however, no equipment or signs or other improvements shall be installed unless permitted by this Lease. Tenant's work, if any, shall be set forth in Exhibit "D". (b) Permits/Compliance with Law. Tenant will be responsible for obtaining any building permit required by any controlling governmental authority in connection with Tenant's Work, and Tenant's Work shall be performed in conformance with all controlling governmental ordinances, laws, statutes, rules and regulations, and in conformance with any building permit issued by the controlling governmental authority. All of Tenant's Work shall be performed pursuant to properly and competently prepared plans and specifications, and by qualified, licensed and insured contractors and subcontractors and all Tenant's work shall be performed in accordance with the Construction Agreement attached hereto as Exhibit "E". Prior to the commencement of any of Tenant's intended improvements, the Tenant shall submit appropriate plans and specifications to the Landlord. The Tenant shall not make, or have made, any of Tenant's improvements until such time as the Landlord approves said improvements, however, the Landlord's approval shall not be unreasonably withheld. Landlord also reserves the right to approve and disapprove, workmanship and construction, and completion of improvements. (c) Conformance to Codes and Insurance Regulations. Any and all construction improvements, additions, signs and modifications made and/or installed by either Landlord or Tenant shall be made or installed to conform to the minimum requirements of the insurance service office of the state having jurisdiction, insuring companies, the National Fire Protection Association, the National Board of Fire Underwriters, and all federal, state and municipal codes. All work will meet or exceed minimum requirements of The Americans with Disabilities Act (ADA), where applicable. Failure to conform to such minimum standards by Tenant shall constitute a default on the part of Tenant and if within twenty (20) days after receipt of a notice of non-compliance, Tenant has not commenced to cure and diligently pursue such curative action to completion, Landlord may declare Tenant in default hereunder, and Landlord may, but is not required to, cure said violations at Tenant's sole expense. (d) Tenant Alterations. Tenant agrees not to make any alterations or additions that would materially change the Demised Premises or the appearance of the same from that 13 of 41 ,.----"-.."""-....-.........---.,.,,.'."'--.,."'-,,'...'''....,.''''''',"''''''''"'''''''''''''''-,-.-,-: ",.- -..-" ~~. ,. ... .....~-".-...:;........_"--""""',"''"'."''''-,.,'''',..".-..-...",,..._,.,~,.,_.,,.;.;-""""""'_.'_.'~-~""'~~.""-""'"'-"'---""'--'--- - 16A15 previously approved by Landlord, nor to install any additional equipment therein without, in each instance, obtaining the prior written consent of Landlord. All alterations and additions to the Demised Premises shall be made in accordance with all applicable laws, and where applicable, Tenant shall be required to obtain all necessary governmental permits prior to commencing. Tenant hereby agrees to indemnify and hold Landlord harmless from all expenses, liens, claims, or damages, to either persons or property or the Demised Premises, arising out of or resulting from the undertaking, making of, or the existence of such alterations or additions. In the event Tenant, at any time during the Lease Term, removes any of its trade fixtures, any damage caused by such removal shall be repaired and the trade fixtures shall be replaced within three (3) business days with fixtures of similar quality and sufficient quantity to conduct Tenant's business. (e) Signs. All signs must be approved in writing by Landlord. All signs must comply with all applicable laws and ordinances pertaining to signage at the Premises. Tenant agrees to maintain such signs in a good state of repair and to hold Landlord harmless from any loss, costs, or damage as a result of the erection, existence, maintenance, or removal. For purposes of obtaining Landlord's approval, Tenant must submit sign plans in duplicate on scale drawings, showing the size, colors, materials, and proposed mounting details, location, and specification, prepared by a qualified sign company or a licensed architect to Landlord. Upon termination of the Lease, Tenant agrees to remove all exterior signs from the Premises at Tenant's expense and to repair any damages to the Premises, Building, or Common Areas caused by installation, existence or removal of said exterior signage. Such removal and repair is to be performed by a licensed sign company or contractor approved by Landlord prior to exterior signage removal. If the removal of any sign causes any damage to the Premises, Building, or Common Areas, Tenant agrees to either repair such damage or to compensate Landlord for same. If Tenant fails to remove any sign upon termination of this Lease, then such sign shall become the property of the Landlord, and Tenant shall pay for the cost of removing same, and any damage caused thereby upon written demand by Landlord. All signage shall be consistent with the sign criteria contained in Exhibit "H" hereto. (f) Tenant General Construction Requirement. Tenant and its contractors and subcontractors shall perform the construction or alterations in such manner so as not to obstruct access to the premises of any other tenant in the Building or to any part of the Common Areas; nor shall the performance of such original construction or subsequent alterations interfere with the transaction of business in the Building or disrupting any of other tenant's building services or equipment. Should Landlord determine that the performance of the original construction or subsequent alterations interferes with or disrupts business in the Building for reasons such as dust, noise, odors, debris, etc., then Landlord may direct Tenant to perform such work after normal business hours. In the event Tenant, Tenant's contractors, or anyone acting for and on behalf of Tenant, causes or leaves debris, garbage or refuse in Landlord's premises or outside the Premises, during original construction or alteration and fails to immediately clean up the same, Landlord may, in its sole discretion, cause the same to be done and bill Tenant for its costs (including without being limited to the same; labor, material, outside services and use of equipment). Payment for any such billing shall be due upon demand. 31. Americans With Disabilities Act. Tenant shall, at its sole cost and expense, be responsible for compliance with the Americans with Disabilities Act. 32. Liens. (a) Tenant's Duty to Keep Premises Free of Liens. Tenant shall keep all of the Leased Premise and every part thereof free and clear of any and all mechanics', materialmen's, and other liens for or arising out of or in connection with work or labor done, services performed, or 14 of 41 --"---~_'_""-~"'.'''_''''---'''''''<----'~"'-~-'--'''''",,',_.__.- ,. : .... oil" .._,_......"'"'...".~--"--"'_-..-,-,-_."..._.~.,-;-,...._.,,--~,.".~,~"'-..__.~,.,.- --.~--,~.. -~..~~- 1 6A15 materials or appliances used or furnished for or in connection with any operations of Tenant, any alteration, improvement, or repairs or additions which Tenant may make or permit or cause to be made, or any work or construction by, for, or permitted by Tenant on or about the Premises, or any obligations of any kind incurred by Tenant; and Tenant shall at all times promptly and fully pay and discharge any and all claims upon which any such lien mayor could be based and to indemnify Landlord and all of the Premises, and improvements thereon, against all such liens and claims of liens and suits or other proceedings pertaining thereto. Tenant shall give Landlord written notice no less than ten (10) days in advance of the commencement of any construction, alteration, addition, improvement, or repair in order that Landlord may post appropriate notices of Landlord's non- responsibility. Nothing in this Lease shall be construed as in any way constituting a consent or request by Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific or general improvement, alteration, or repair of or to the Premises or improvement thereon or to any part thereof. Pursuant to Section 713.10, Fla. Stat., it is the intent of the parties hereto that Landlord's interest in the Premises shall not be subject to any liens filed because of Tenant's failure to make payments in connection with the building or improvements installed or constructed on the Premises. The Memorandum of this Lease provided for below shall expressly give notice of and prohibit such liability by Landlord. Tenant shall notify in writing any contractor making any such improvements of this prohibition of Landlord's liability prior to entering into any contract for the construction of such improvements, and Tenant shall give Landlord written evidence of such notice to contractor within ten (10) days after receipt of request by Landlord for such evidence. (c) Contesting Liens. If Tenant desires to contest any such lien, it shall notify Landlord of its intention to do so within ten (10) days after the filing of such lien. In such case, and provided that Tenant shall, on demand, protect Landlord by a good and sufficient surety bond against any such lien and any cost, liability, or damage arising out of such contest, Tenant shall not be in default hereunder until ten (10) days after the final determination of the validity thereof, within which time Tenant shall satisfy and discharge such lien to the extent held valid; but the satisfaction and discharge of any such lien shall not in any case be delayed until execution is had on any judgment rendered thereon, and such delay shall be a default of Tenant hereunder. In the event of any such contest, Tenant shall protect and indemnify Landlord against all loss, expense, and damage resulting therefrom. 33. Prohibition of Involuntary Assignment; Effect of Bankruptcy or Insolvency. (a) Prohibition of Involuntary Assignment. Neither this Lease nor the leasehold estate of Tenant nor any interest of Tenant hereunder in the Premises or improvements thereon shall be subject to involuntary assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any manner whatsoever (except through statutory merger or consolidation, or devise, or intestate succession); and any such attempt at involuntary assignment, transfer, or sale shall be void and of no effect. (b) Effect of Bankruptcy. Without limiting the generality of the provisions of the preceding Paragraph (a) of this Section, Tenant agrees that in the event any proceedings under the Federal Bankruptcy Code or any amendment thereto be commenced by or against Tenant, and, if against Tenant, such proceedings shall not be dismissed within ninety (90) days, or in the event Tenant is adjudged insolvent or makes an assignment for the benefit of its creditors, or if a receiver 15 of 41 ......_._...."""".".._".~._'....._"""'"".-'",.,__.."""'_,_...~'"_'.._"""'__..._____...'_,,__.,,_"___,_,.._..,,_..,."~____,...._._,...'_.,..._,o_._^'~~"'~'_'....~~._....__.__.__._.'~'_~ 16A15 is appointed in any proceeding or action to which Tenant is a party, with authority to take possession or control of the Premises or the business conducted thereon by Tenant, and such receiver is not discharged within a period of thirty (30) days after his appointment, any such event or any involuntary assignment prohibited by the provisions of the preceding Paragraph (a) of this Section shall be deemed to constitute a breach of this Lease by Tenant and shall, at the election of Landlord but not otherwise, without notice or entry or other action of Landlord, terminate this Lease and also all rights of Tenant under this Lease and in and to the Premises and also all rights of any and aU persons claiming under Tenant. 34. Eminent Domain. If the whole of the Premises, or such portion thereof as will make the Premises unusable for the purposes herein leased, be condemned by a legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities; and rental shall be accounted for between Landlord and Tenant as of that date. Any lesser condemnation shall in no way affect the respective rights and obligations of Landlord and Tenant hereunder. It is expressly agreed that Tenant shall not have any right or claim to any part of any award made to or received by Landlord for such taking. 35. Su bordination and Attornment. It is understood and agreed that the Premises are or will be and remain subject to a mortgage or mortgages to secure indebtedness of Landlord to the mortgagee(s) thereunder. In order to further secure said indebtedness, Landlord and Tenant hereby covenant for themselves and for the benefit of said mortgagee(s) that this Lease shall be subject and subordinate to any mortgage(s) which may now or hereafter affect the Premises and to all advances made or to be made thereunder, and to any renewals, extensions, modifications or replacements thereof, including any increases in the amount secured thereby, or supplements thereto; provided, however, that without limiting any of the foregoing provisions, in the event that by reason of any default on the part of Landlord any mortgagee succeeds, to the interest of Landlord hereunder, then at the sole option of the mortgagee, this Lease may nevertheless continue in full force and effect, and Tenant shall and does hereby agree to attorn to such mortgagee and to recognize such mortgagee as Landlord. Tenant hereby constitutes and appoints Landlord and/or the mortgagee as Tenant's attorney-in-fact to execute and deliver any such agreement of attornment for and on behalf of Tenant. It is further covenanted that (a) The provisions of any such mortgage(s) shall govern with respect to the disposition of proceeds of insurance or condemnation or eminent domain awards. (b) Without the prior consent of the mortgagee (s) in writing, Tenant shall not prepay rent under the terms of this Lease for more than two (2) months in advance, enter into any agreement with Landlord to amend or modify this Lease in any material respect, voluntarily surrender the Premises, or terminate this Lease; and Landlord shall not release Tenant from the obligations under this Lease whether or not any assignment or subletting of the Premises or any part thereof is permitted. In the event of any act or omission by Landlord which would give Tenant the right to terminate this lease, Tenant shall not exercise any such right until it shall have given thirty (30) days' prior written notice thereof to the mortgagee(s), during which time Landlord and the mortgagee(s), their agents or employees, shall be entitled to enter the Premises and do therein whatever may be necessary to remedy the default by Landlord. This provision is included to advance the credit and financial future of the Premises and shall inure to the benefit of the successors and assigns of any present or future mortgagee(s) of the Premises and/ or any purchaser of the Premises after default 16 of 41 ____O.________,_~_____ . ._--,,_.,--,-~"-, 16A15 and entry or reentry pursuant to agreement, legal proceedings, or sale, and to the heirs, representatives, successors or assigns of such purchaser. Upon an attornment by Tenant as provided above, this Lease shall continue in full force and effect as a direct lease between Tenant and the mortgagee or purchaser except that such mortgagee or purchaser shall not be (a) liable for any previous act or omission by Landlord under this Lease, (b) subject to any offset of rent which shall have accrued previously to Tenant against Landlord; (c) bound by any previous modification of this Lease not expressly provided for herein, or (d) bound by any previous prepayment of rent for a period greater than sixty (60) days, unless such modification or prepayment shall have been expressly approved in writing by the applicable mortgagee. 36. Tenant's Default. Each of the following shall be deemed an Event of Default by Tenant and a breach by Tenant hereunder: (a) the filing by or against (i) the Tenant, (ii) any permitted assignee, sublessee, transferee or successor, or (iii) the Guarantor (as hereinafter defined) in any court, pursuant to any statute either of the United States or of any state, of a petition in bankruptcy or insolvency or a petition for reorganization or for the appointment of a receiver or trustee of all or a portion of the property of any of the aforesaid parties, or the making by any of the aforesaid parties of an assignment for the benefit of creditors, or the petitioning for or entering into an agreement pursuant to any statute either of the United States or of any state by any of the aforesaid parties, or the taking of this Lease under any writ or execution or attachment, or the issuance of any execution or attachment against any of the aforesaid parties or any of their property, or the dissolution or liquidation or the commencement of any action or proceeding for the dissolution or liquidation of any of the aforesaid parties; (b) the conveyance, devolution, mortgaging, encumbering, or attempted assignment or sublet of this Lease to or upon any person(s) other than the Tenant, in violation of this agreement, whether voluntarily, by operation of law or otherwise; (c) the Premises being abandoned or becoming vacant or deserted in violation of paragraph 15 hereof; (d) the default in any payment of Minimum Annual Rent, Percentage Rent, Additional Percentage Rent or other sums payable hereunder or any part thereof, or in the making of any other payment herein provided for, for more than three (3) days after written notice from Landlord; or (e) the default in the performance of any other obligation of Tenant under this Lease, and the continuance of such default for more than three (3) days after Landlord shall have given to Tenant a notice specifying the nature of such default, but if said default shall be of such a nature that it cannot reasonably be cured or remedied within said three (3) day period, the same shall not be deemed an Event of Default if Tenant shall have commenced in good faith the curing or remedying of such default within such three (3) day period and shall thereafter continuously and diligently prosecute the same to completion. 37. Landlord's Remedies During the continuance of any Event of Default (whether occurring prior to the Commencement Date or during the Term (or the Renewal Term, if any)), in addition to any other rights Landlord may have at law or in equity for Tenant's default, Landlord 17 of 41 ~-,-_,~---"~"-"""""._-~._,",~""",-"',",--,,,,~,_""'-'-'--;- ....- ~---"''''-''-'''--''-''-'~-''". -- 1 6A15 shall have the right, to be exercised in Landlord's discretion, to take one or more of the following actions: (a) Serve upon Tenant a notice that Landlord has elected to terminate this Lease, and upon the giving of such notice this Lease shall terminate but Tenant shall remain liable as hereinafter set forth; (b) If this Lease shall be terminated pursuant to this Section or by summary proceedings or otherwise, or if the Premises shall become vacant or deserted or be abandoned during the Term (or the Renewal Term, if any), Landlord or its agents, servants or representatives may, immediately or at any time thereafter and to the extent permitted under applicable law, re- enter and resume possession of the Premises and remove all persons and property therefrom, either by summary dispossess proceedings or by a suitable action or proceeding by law, or by force or otherwise, without being liable for any damages therefor, and no such re-entry shall be deemed an acceptance of surrender of this Lease; (c) Landlord may (but shall not be required to) as agent for Tenant, if this Lease has not been terminated, or in Landlord's own behalf if this Lease has been terminated, use reasonable efforts to mitigate its damages and to relet the whole or any portion of the Premises for one or more period(s) less than, equal to or greater than the remainder of the Term or the period which would have constituted the balance of the Term had the Lease not been terminated, as the case may be (including any Renewal Term for which Tenant validly exercised its option), for any sum deemed suitable and satisfactory, and for any use and purpose which Landlord may deem appropriate, and Landlord may grant concessions or free rent. Landlord may make such alterations, repairs, replacements and decorations in and to the Premises as Landlord deems advisable and necessary for the purpose of reletting the Premises, and the making of such alterations, repairs, replacements and decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for its failure or refusal to relet the Premises or any part thereof, or, in the event that the Premises are relet, for its failure to collect the rent under such reletting, and no such refusal or failure to relet or failure to collect rent shall release or affect Tenant's liability for damages or otherwise under this Lease. Landlord shall not in any event be required to pay Tenant any surplus of any sums received by Landlord on a reletting of all or any part of the Premises in excess of the rent and additional rents reserved in this Lease; (d) If this Lease shall be terminated as provided in this Section or if this Lease shall be terminated by summary proceedings or otherwise, or if the Premises shall become vacant or deserted or be abandoned during the Term (or the Renewal Term, if any), whether the Premises shall be relet or not, Landlord shall be entitled to recover from Tenant, and Tenant agrees to pay to Landlord, (x) the amount equal to all of the expenses incurred by Landlord in connection with recovering possession of the Premises, any reletting(s), brokerage in connection with any reletting(s), court costs and attorneys' fees and disbursements (whether incurred out of court, in the trial court, on appeal, or in bankruptcy or administrative proceedings), and any expenses for putting and keeping the Premises in good order and for making alterations, repairs, replacements and decoration in and to the Premises and otherwise preparing the same for reletting(s), which amounts shall be due and payable by Tenant to Landlord on demand after any such expenses are incurred by Landlord, and (y) for each month of the balance of the Term or the period which would otherwise have constituted the balance of the Term (including the Renewal Term, if Tenant's option to renew was properly exercised), the amount, if any, by which (i) the sum of one monthly installment 18 of 41 ..._-,.,.,_._.,.<,-~~."...._,""",<,--."""",,,_',-,,,"''''''--''''--'''''~"--,-<- n. ______"~._.......;....,...,...~."_._~_.,;;;..'...,,~_~;,.~......',__,__<_._ ~--._-- 1 6A15 of the then current Minimum Annual Rent which would have been payable for the month in question had there been no default by Tenant, plus one monthly installment of the then current Percentage Rent, Additional Rent and other charges, including, but not limited to, Tenant's Tax Share and Tenant's CAM Share, which would have been payable for the month in question, had there been no default by Tenant, exceeds (ii) the net amount, if any, of the rents collected on account of the reletting(s) of the Premises for such month, which amounts shall be due and payable by Tenant to Landlord in monthly installments on the first day of each month. Any suit brought to collect the amount of the deficiency for any month shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month by a similar proceeding. Landlord may, in Landlord's sole and absolute discretion, choose to defer collection of such amounts until the date upon which the Term (or the Renewal Term, as the case may be) expires, or would have expired had the Lease not been sooner terminated, and Tenant hereby agrees that in such event Landlord's cause of action shall be deemed to have accrued as of the date upon which the Term (or the Renewal Term, as the case may be) expires or would otherwise have terminated, as the case may be. (e) Landlord may, in lieu of recovering the monthly deficiency in rents as aforesaid, elect to hold Tenant liable for liquidated damages in the sum of the present cash value of the rent and other sums reserved to Landlord under this Lease for the remainder of the Term (including the Renewal Term if Tenant properly exercised its renewal option), or, if Landlord has exercised its option to terminate the Lease, the period of time which would have constituted the remainder of the Term (plus the Renewal Term if Tenant properly exercised it renewal option) had such termination not occurred, employing a discount rate equal to the then generally-available passbook savings rate in the county where the premises is located. Tenant hereby agrees to pay Landlord the foregoing sum within ten (10) days after receiving written notice of said election from Landlord. (f) Landlord may, but shall not be obligated to, cure at any time upon three (3) days' notice or without notice in case of emergencies, any default(s) by Tenant under this Lease, and Tenant shall pay to Landlord, as additional rent, on demand, all costs and expenses incurred by Landlord in curing such defaults(s), including, without limitation, court costs and attorney fees (whether incurred out of court, in the trial court, on appeal, or in bankruptcy or administrative proceedings) and disbursements in connection therewith, together with interest on the amount of costs and expenses so incurred at the maximum rate allowed by law. (g) In the event of any breach or threatened breach by Tenant or any of the covenants or provisions of this Lease, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or in equity, and mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy at law or in equity. Tenant shall, in all events, be liable to Landlord for all costs and expenses incurred by Landlord (if any) in the removal of Tenant and its property from the Premises. TENANT HEREBY EXPRESSLY W AlVES ANY AND ALL RIGHTS OF REDEMPTION GRANTED BY OR UNDER ANY PRESENT OR FUTURE LAWS IN THE EVENT OF THIS LEASE BEING TERMINATED AND/OR LANDLORD OBTAINING POSSESSION OF THE PREMISES PURSUANT TO THIS SECTION. 38. Landlord's Right to Perform. In the event that Tenant by failing or neglecting to do or perform any act or thing herein provided by it to be done or performed shall be in default hereunder and such failure shall continue for a period of thirty (30) days after written notice from Landlord specifying the nature of the act or thing to be done or performed, then Landlord, may, but 19 of 41 , ____,_"._W",~"____.,,__,__,_""',"__"_._..~,.<._..","""_<,,;,_:""~,,,,",",,,,,_,___",,,"___'-""""__"""'._;''''''h..",,,_,;___.'~",~.e..""_'~_._"._. "<,."".,~~".__"_,_,...^",~,,><,,...~.~....._ 1 6A15 shall not be required to, do or perform or cause to be done or performed such act or thing (entering on the Premises for such purpose, if Landlord shall so elect), and Landlord shall not be or be held liable or in any way responsible for any loss, inconvenience, annoyance, or damage resulting to Tenant on account thereof; and Tenant shall repay to Landlord, on demand, the entire expense thereof, including compensation to the agents and employees of Landlord. Any act or thing done by Landlord pursuant to the provisions of this Section shall not be or be construed as a waiver of any such default by Tenant, or as a waiver of any covenant, term, or condition herein contained or the performance thereof, or of any other right or remedy of Landlord, hereunder or otherwise. All amounts payable by Tenant to Landlord under any of the provisions of this Lease, if not paid when the same became due as in this Lease provided, shall bear interest from the date they become due until paid at the maximum contract rate of interest permitted by law. 39. Waiver. The waiver by Landlord of, or the failure of Landlord to take action with respect to, any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any such term, covenant or condition, subsequent breach of the same, or any other term, covenant or condition therein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant, or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent. 40. Remedies Cumulative. All remedies herein before and hereafter conferred on Landlord shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law. 41. Landlord's Default. In the event Landlord is in default hereunder, Tenant shall give Landlord written notice thereof and Landlord shall have the right to cure such default within thirty (30) days of receipt of notice thereof; provided, however, that if such default is of a nature which requires a greater number of days to cure, Landlord shall not be deemed in default hereunder if Landlord commences an appropriate cure of such default within such thirty (30) days and thereafter diligently proceeds to complete the cure thereof. 42. Landlord's Liability. If Landlord, or any successor interest, shall be a non- incorporated entity, there shall be no personalliabiIity on any individual or member of such non- incorporated entity regarding any of the provisions under this Lease. In the event of a breach of Landlord, Tenant shall look solely to the equity of Landlord in the Premises for the satisfaction of the remedies of Tenant. Tenant shall, in the event of the sale, transfer or assignment of Landlord's interest in the Premises or, in the event of any proceedings brought for the foreclosure of any mortgage covering the Premises, attorn to recognize such purchaser or mortgagee as Landlord under this Lease. In the event of any sale or sales of such real property, or assignment, transfer, or other conveyance of its rights under this Lease, the said Landlord shall be automatically and entirely released of all covenants and obligations of Landlord hereunder; and it shall be deemed and construed, without further agreement between the parties or their successors in interest, or between the parties and the purchaser at any such sale, or the successor to Landlord by reason of any assignment, transfer, or other conveyance of its rights under this Lease, that such purchaser or successor has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder. 43. Force Majeure. Landlord shall be excused for the period of any delay in the performance of any obligations hereunder when prevented from so doing by cause or causes beyond Landlord's control which shall include, without limitation, all labor disputes, civil 20 of 41 _~_'~'~__'_'_'__'"'''''''''''''''''''"'''_"'_''''_'.__''''~'"'''''''''''i''''''''''''''''''''.."""""."".._*_0'""'.,."""""""'.."._._"",___..".....",...,..__.......,.....,,"'.,'__-......~"',.,'''''"'''''''''''_._.,"',,~,.___..,_.,,"~,._.,._,''' -.._- 16A15 commotion, war, war-like operations, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, fire or other casualty, inability to obtain any material services or financing or reason of any other acts of God. 44. Surrender of Leased Premises. Tenant shall pay the rent and all other sums required to be paid by Tenant hereunder in the amounts, at the times, and in the manner herein provided and shall keep and perform all the terms and conditions hereof on its part to be kept and performed. Upon the expiration of the Lease Term, Tenant shall surrender the Premises in the same condition as existing upon delivery of possession thereof under this Lease except as otherwise allowed herein, broom clean and free of trash, personal property and debris, reasonable wear and tear only excepted, and shall surrender all keys for the Premises to Landlord at its address then fixed for the payment of rent. Tenant shall remove all its furniture and furnishings and any alterations or improvements before surrendering the premises as aforesaid and shall repair any damage to the Premises caused thereby. Tenant's obligation to observe or perform this covenant shall survive the expiration or termination of the Lease Term. 45. Holding Over. (a) With Landlord Consent. If Tenant shall, with the knowledge and written consent of the Landlord obtained at least thirty (30) days prior to the expiration of the Lease Term, to remain in the Demised Premises after the expiration of the Lease Term, then Tenant shall, by virtue of said holdover agreement, become a tenant by the month at the rent stipulated by Landlord in said consent, or if none is stipulated, at the monthly rate of Base Annual Rent and Additional Rent last payable under this Lease (adjusted in accordance with the provisions of this Lease as if the holdover period were originally included herein), commencing said monthly tenancy with the first day next following the end of the Lease Term. All other terms and conditions of this Lease shall apply to any holdover period(s). Tenant shall give to Landlord at least thirty (30) days written notice of any intention to quit the Demised Premises. Tenant shall be entitled to thirty (30) days written notice from Landlord to quit the Demised Premises, except in the event of nonpayment of the monthly installment of Base Annual Rent and/ or Additional Rent in advance or of the breach of any other covenant, term or condition of this Lease by Tenant, in which event Tenant shall not be entitled to any notice to quit, the usual thirty (30) days notice to quit being hereby expressly waived by Tenant. (b) Without Landlord Consent. In the event that Tenant, without the written consent of Landlord, shall hold over beyond the expiration of the Lease Term, then Tenant hereby waives all notice to quit and agrees to pay to Landlord for the period that Tenant is in possession after the expiration of this Lease, a monthly charge which is two (2) times the total monthly installment of Base Annual Rent and Additional Rent in effect during the last month of the Lease Term. Tenant expressly agrees to reimburse, defend, indemnify and hold Landlord and Landlord's Agents harmless from all loss and damages, direct and consequential, which Landlord or Landlords Agents may incur in connection with or in defense of claims by other persons or entities against Landlord, Landlords Agent or otherwise arising out of the holding over by Tenant, including without limitation reasonable attorneys' fees which may be incurred by Landlord or Landlord's Agents in defense of such claims. Acceptance of Base Annual Rent, Additional Rent or any other sums due from Tenant hereunder or the performance by Tenant of its obligations hereunder subsequent to the expiration of the Lease Term, shall not constitute consent to any holding over. Landlord shall have the right to apply all payments received after the expiration date of the Lease Term toward payment for use and occupancy of the Demised Premises subsequent to the expiration of the Lease Term and toward any other sums owed by Tenant to Landlord, regardless of how such payment(s) may be designated by Tenant, Landlord, at its option, may forthwith re-enter and take possession of the 21 of 41 -----.-"' ........ ".,,'" a... ~ ---'"."....-"~--;"-~_...' 16A15 Demised Premises without process, or by any legal process in force. Notwithstanding the foregoing, if Tenant holds over, without Landlords written consent, due to acts of God, riot, or war, then such holdover shall be at the total monthly installment of Base Annual Rent and Additional Rent applicable to the last month of the Lease Term (adjusted in accordance with the provisions of this lease as if the holdover period were originally included herein), for the duration of the condition (but not to exceed ten (10) days), but such continued occupancy shall not create any renewal of the term of this Lease nor shall it create a tenancy from year-to-year, month-to-month, or otherwise, and Tenant shall be liable for and shall indemnify, defend and hold harmless Landlord and Landlord's Agents against any loss and damages suffered by Landlord or Landlord's Agent as described above. Any holdover period during which the Landlord and Tenant are negotiating the terms and conditions of any holdover tenancy, new lease or other matter, and/ or for which Landlord and Tenant have failed to reach an agreement as to the rent to be paid during such holdover period, shall conclusively be deemed to be a holdover without the consent of Landlord for the purpose of determining the rental to be paid and the obligations to be performed by Tenant during such period. 46. Sale By Landlord. In the event of sale or conveyance or transfer by Landlord of its interest in the Project or in the Building or in this Lease, the same shall operate to release Landlord from any future obligations and any future liability for or under any of the covenants or conditions, express or implied, herein contained in favor of Tenant, and in such event, and with respect to such obligations, covenants and conditions, Tenant agrees to look solely to the successor in interest of Landlord in and to this Lease. This Lease shall not be affected by any such sale, conveyance or transfer. 47. Estoppel Certificate. Landlord shall, at the request of Tenant and Tenant shall at the request of Landlord at any time and from time to time upon not less than ten (J 0) days' prior written notice, execute, acknowledge in recordable form, and deliver to the other, or for the Tenant to its auditor or a prospective purchaser of its business or assets, or to its assignee or subtenant if acceptable to Landlord, or for the Landlord to Landlord's mortgagee, auditors or a prospective purchaser of the Project or any part thereof, a certificate stating that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect), and the dates to which the Rent and other charges are paid, and that Tenant is paying Rent on a current basis with no offsets or claims, and there are not, to Tenant's or Landlord's knowledge, as the case may be, any uncured defaults on the part of Landlord or of Tenant (or specifying such offsets, claims or defaults, if any are claimed). Such certificate may require the party giving it to specify the date of commencement of Rent, the Commencement Date, the Termination Date, the Base Rent, and Additional Rent estimates, the date to which Rent has been paid, whether or not Landlord has completed any improvements required to be made to the Demised Premises and such other matters as may be reasonably requested. It is expressly understood and agreed that any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Project or by any ground lessor, or by a purchaser or assignee or lender to Tenant or to auditors of either party hereto or by any other person to whom it is delivered. The failure to deliver such statement within the time required hereunder shall, at the option of the requesting party, be a default under this Lease, or be conclusive evidence, binding upon the non-performing party that this Lease is in full force and effect, without modification except as may be represented by the requesting party, that there are no uncured defaults by the requesting party and that no more than one (J) month's Rent has been paid in advance, and the non-performing party shall be estopped from asserting any defaults known to it at that time. 48. Rules and Regulations. Tenant agrees as follows: (a) All deliveries or shipments shall be made only by way of the rear of the Demised Premises or at any other location designated by Landlord, and only at such times designated for such purpose by Landlord; (b) Garbage and refuse shall be kept in the kind of container specified by Landlord, refuse management company, or applicable codes and ordinances and shall be placed at the location designated by Landlord, for collection at the times specified by Landlord; Tenant to pay the cost of removal; (c) No attachment of radio, television, phonograph or other similar devices, or aerial thereto (inside or outside) shall be 22 of 41 -----,._--, ,......"" T."'.__ --,..._--_.~,........"''''''''..~,-~..--~~~.,'-~"._., 16A15 made without first obtaining in each instance the Landlord's consent in writing, and if such consent be given, no such device shall be used in a manner so as to be heard or seen outside the Demised Premises; (d) the outside area immediately adjoining the Demised Premises shall be kept clean and free from dirt and rubbish by Tenant, and Tenant shall not place, suffer or permit any obstructions in such areas; (e) Tenant shall not use the public or common areas in the Building for business purposes; (f) Plumbing facilities shall not be used for any other purpose than that for which they are construed, and no foreign substance of any kind shall be thrown therein; (g) Tenant shall use, at Tenant's cost, a pest extermination contractor at such intervals as Landlord reasonably may require; (h) Tenant shall not burn trash or garbage in or about the Demised Premises, the Building or within one mile of the outside radius of the Building; (i) Tenant shall not place, suffer or permit displays or decorations on the sidewalks in front of the Demised Premises or on or upon any of the common areas of the Building; U) Landlord may amend or add new rules and regulations for the use and care of the Demised Premises, the building of which the Demised Premises are a part, and the common areas and facilities. 49. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to person who are exposed to it over time. Levels of radon gas that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 50. Notices. All notices, demands, or other writings in this Lease provided to be given or made or sent or which may be given or made or sent, by either party hereto to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, certified mail, return receipt requested, postage prepaid or overnight mail from a recognized overnight mail carrier and addressed as follows: To Landlord: CPOC Realty, LLC c/o York Property Management, LLC 4001 Tamiami Trail, Suite 350 Naples, FL 34103 Phone: (239) 213-1600 Fax: (239) 213-1941 Copy To: N. Paul San Filippo, Esquire Seidensticker & San Filippo, LLP 1100 Fifth Avenue South, Suite 405 Naples, FL 34102 Phone: (239) 403-0611 Fax: (239) 403-0711 To Tenant: Collier County Government, Division of Support Services, Real Property Management 3301 Tamiami Trail Naples, Florida 34112 Phone: (239) 774-8743 Fax: (239) 774-8876 23 of 41 - --~._",-"',-_..._,,"~_.---,,---,-~-- ..." ....-"""---,,'--.,...~,-~._'~. 16A15 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. 51. Attorney's Fees. If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs all reasonable costs, charges and expenses, including without limitation attorneys' fees, paralegals' fees, or other legal costs expended or incurred in connection therewith, pre-suit, at trial, or on appeal, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered, including without limitation, all court costs, attorneys' fees, paralegals' fees, and other costs incurred in the enforcement of any indemnity hereunder. 52. Time of the Essence. Time is of the essence of this Lease and of each and every covenant, term, condition, and provision hereof. 53. Section Captions. The captions appearing under the Section number designations of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 54. Parties Defined, Use of Pronoun. The word "Tenant" shall be deemed and taken to mean each and every person or party mentioned as Tenant herein, including Tenant's successors and valid assigns, be the same one or more, and if there shall be more than one such person or party, any notice required or permitted by the terms of this Lease may be given by or to anyone thereof. The term "Landlord" shall refer only to the current owner of the fee interest in the Premises, its heirs, representatives, assigns and successor in title to the Premises. The use of the neuter singular pronoun to refer to Landlord or Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provision of this Lease apply in the plural sense where there is more than one Landlord or Tenant, and to either corporations, associations, partnerships or individuals, male or female, shall in all instances be assumed as though in each case fully expressed. 55. Consent and Approval. Whenever this Lease specifies that either party has the right of consent or approval if either party shall desire the consent or approval of the other on any matter regarding this Lease, such consent or approval shall be effective only if in writing and signed by the consenting or approving party. 56. Relationship of Parties. Nothing in this Lease shall be deemed or construed so as to create the relationship of principal and agent, partnership, joint venture or of any association between the parties including, but not limited to, the computation of rent, or any other act of the parties, it being understood that the parties' sole relationship hereunder is that of Tenant and Landlord. 57. Entire Agreement; Modification. This Lease embodies and constitutes the entire understanding between the parties. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Lease. Neither this Lease nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, 24 of 41 "..----~ ._.~__.."..,._.u '" . ,_,,_, .,.__"~_,_.._._...._o;_<~,......_""~_",_,"""___,,,,, ... '4 "~'_'_~"__'_"''';_''_"''"'''''''''''''''''''''"'_'___"'__'_~___''_'_' ~,.__.._._- 16A15 modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 58. Legal Interpretation. Landlord and Tenant acknowledge that this Lease was fully and jointly negotiated by the parties hereto and agree that there shall be no presumption that this Lease should be more severely construed against either party because such party may have drafted the particular language being construed. 59. Memorandum of Net Lease Agreement. Simultaneous with the execution hereof, the parties hereto shall execute the Memorandum of Net Lease attached hereto and by reference made a part hereof as Exhibit "F", which Memorandum of Net Lease shall, at Tenant's expense, be recorded in the Public Records of the county in which the premises are located. 60. Binding Effect. The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer, and subletting, apply to and bind the heirs, successors, personal representatives, and assigns of all the parties hereto; and, except as provided for herein, all of the parties hereto shall be jointly and severally liable hereunder. 61. Partial Invalidity. If any term, covenant, or condition of this Lease, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of the Lease, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby; and each term, covenant or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. 62. Applicable Law. This Lease is made in and shall be construed according to the laws of the State of Florida. 63. Zoning Ordinances and Restrictions. This Lease, including but not limited to the renewal Option provided for herein is subject to all easements and restrictions of record and all zoning ordinances and restrictions and limitations of record regarding the same. 64. Corporation as Tenant. Inasmuch as Tenant herein is a corporation existing under the laws of the State of Florida, simultaneously with the execution of this Lease Tenant shall deliver to Landlord a properly executed corporate resolution authorizing said corporation to enter into this Lease, together with a Certificate of Incumbency for said corporation; and Tenant shall also furnish to Landlord a Certificate of Good Standing from the state of its incorporation, which certificate shall show that said corporation is validly incorporated and is in good standing under the laws of that state and is duly qualified as a foreign corporation. 65. Guaranty: N/ A. 66. Brokers. Tenant warrants and represents that there was no broker or agent instrumental in consummating this Lease, except C.B. Richard Ellis representing the Landlord. Tenant agrees to indemnify and hold Landlord harmless against any claims for brokerage or other commissions arising by reason of a breach by Tenant of this Section. 67. Substitution of Other Premises: At any time hereafter, Landlord may (upon thirty (30) days prior notice substitute for the Premises other premises in the Building (herein referred to as the "New Premises") provided that the New Premises shall be similar to the Premises in area and usable for Tenant's purpose; and if Tenant is already in occupancy of the Premises, then, in addition, 25 of 41 ..-...--....--- '"''''''"'~~'''-;-~"'"'-''---'''"''~<-'--'._-_...,-,--,,, .._ 4'___......____,""~~_,"",,~__,_,~..~__..""~_~,~~_~_~___.. ,"V"'_""",._. 16A15 Landlord shall pay the expenses of Tenant's moving from the Premises to the New Premises and for improving the New Premises so that they are substantially similar to the Premises. Such move shall be made during evenings, weekends, or otherwise so as to incur the least inconvenience to Tenant. 68. Option to Purchase. Intentionally Omitted. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above wri -no LANDLORD: CPOC Realty, LLC tt/u By: TCL ., its managing member / / ( - & L-b/<- By: ~t-Iv HI1-5 Ilt!;fft P I, 1-1/ /lJ f) Print Name: /. p, ~- Witness #2 (print name below) Title: 7~"An f-~ !~:I:Ct j. Date: .:1 -- / '/ -0 ~ AS TO THE LESSEE: DATED:()J1....ll.':l.....C '- / l! 0(\0~ BOARD OF COUNTY COMMISSIONERS, . COLLIER COUNTY, FLORIDA ATTEST: DWIGJ;lTE. BROCK/Clerk ~~.- BYD=_:UO~~- BY: FRANK HALAS, Chairman sionatw-. 01\-1 " Approved as to f m nd legal sufficiency: Thomas . Palmer, Assistant County Attorney 26 of 41 __"__"-__'"_~__'_""'____;_""~___'''''_;"''''''''''''__''''_';_~_;-'_'!.;.____.___;,'...._""""'__._..M".,______...",.,.."..,_"-''''__~___..__.~_._-.,"'W___.... 16A15 EXHIBIT 1/ A" Description of Premises 3050 N. Horseshoe Drive, Suites 110 and 115 Naples, Florida 34104 (See sketch attached) 27 of 41 - '-~--"'-"-""--'--"'-'-'''-----~._-'~"~_.'' -. -_...-.-.....~.--,.--",-~---,,--._""--------,- 16A15 EXHIBIT "B" COMMENCEMENT AND TERMINA nON DATE THIS SUPPLEMENT, made this ,-711- day of fI- J&. .' .t 1 ,2006, between CPOC Realty, LLC (hereinafter "Landlord") and Board of County Commissioners, Collier County, Florida, (herein, except as otherwise provided, called "Tenant"): WITNESSETH Pursuant to the provisions of 92 of the above referenced Lease, Landlord and Tenant, intending to be legally bound hereby, hereby agree as follows: 1. The date upon which the Commencement Date occurred was the 15th day of March, 2006. 2. The date upon which the Term shall expire shall be May 14, 2009. 3. Tenant is in possession of the Premises and is obligated to pay the Minimum Annual Rent. 4. Tenant has no claims, defenses, offsets, or counterclaims against the Landlord. this tfN WITr~~tS WH;JREOF, the parties hereto have hereunto set their hands and seals I 7 day ofU/l..". 2006. Signed, Sealed, and Delivered in the P.resence of: ,7~ LANDLORD: CPOC Realty, LLC By: TCL Rea! , c., its managing member ( ess (sign & print name) By: J&~ 0 Hv~ Print Name: 7frtJ,tj/}-$ .'U-If-j)~/..-t/AI D 2-- '-J- ../-Z V',P. ?~,---- ._-"::..~ Title: " { Witness (sign & print name) s:;':-:l\"l r I~~~. f 28 of 41 __~"~~~~_""_~'~~__'___""'""_'__"_'_""~"""~'_;"<" ..o'...~'__.~_"'____ , ........-,...----. ----_..~ 16A15 STATE OF FLORIDA COUNTY OF COLLIER The forefting instrument was subscribed bef"'p';e this ~ay of ~ e-L, 200}g By 1"#1> 11$ ><(;/rlr-O" L,WVt:> I}-S V, for '7 L L ~f . who is personally known to me. a ~ My Commission Expires: 11....-/ I ~ '71 .eh-p'------- S' na re of Notary _ (Seal) J .C I........................... ',.~""~'; .....~. ~.~., ~": 8 ,.9-.V rluL t- ~ . ",\\lU'111 .>. . : ~~~~.. PfJl',- CorT' ,'" "' :... ") ~ D C"'V"17 ') : i \~!~ . [J.p'"s CI26/20r:l7 ~ Name of Notary Printed \:tJfW' Bonded through : II . FlclrIda NaIary Assn., Inc. . Serial Number, Commission ~~...1..................................J Number (if any) Printed AS TO THE LESSEE: DATED 6LCl A....-<>t...... ./ ~I ...J -(J C \.p BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: . .)^ <.tt'- ~,,"" , .. , .1 -. DWIGHT E. B:ROS;K, Clerk ~?~- c',' :BY~ti~~~~t:.. O~. BY: FRANK HALAS, Chairman S 1 Qn.",;'OI.'c;, Approved as to form and legal sufficiency: IO~ PJ~ Thomas C. Palmer, Assistant County Attorney 29 of 41 _.,--_..,~---~---.,----- ___'Ii ""--,_. ._h,,__'''__'___ 16A15 EXHIBIT "e" Landlord's Work None, Tenant agrees to accept the premises" as is" . 30 of 41 .",_______,.,._.__,__....''''._.w_.,.. ,..,~~_.,,',~_"',..,.,""..'o.,~,...~_',....._,_'" .... ~. .'. ..__.."__.._,._'....._'";_,tl"_,___........"';,._~,~_"....,,,,.."-'....'""""'".."."""',',........,"",'-__;,',_,,,...,~"','"'..._,.__~......__----....___""___0'__ 16A15 EXHIBIT "D" Tenant's Work For the purpose of defining "Tenant's Work" as set forth in the Lease to which this exhibit is attached, it is understood and agreed that Tenant provide, at its own cost and expense, the following for the premises: 31 of 41 -_..--_.._.'-~ ~ -_...., -" ,.. "''''--_.''.._-'''--> --_."---~.-._--,.~~-,--,. 1 6A15 EXHIBIT liE" CONSTRUCTION AGREEMENT 1. The provisions contained in this Exhibit are an integral part of the Lease to which this Exhibit is attached, and the definitions of terms and phrases in the Lease shall apply in this Exhibit. 2. The Landlord's Work and the Tenant's Work shall be performed in a good and workmanlike manner and all materials shall be of first-class quality. The Landlord's Work and the Tenant's work shall be in compliance with the requirements of this Construction Agreement and the Lease. All of the Landlord's Work shall be done by Landlord at its sole cost and expense and all of the Tenant's Work shall be done by Tenant at Tenant's sole cost and expense. 3. A. Landlord shall submit to Tenant for approval, two (2) sets of plans and specifications for the Tenant's Work conforming with the provisions of this Exhibit. Tenant shall promptly submit to Landlord a statement of any reasonable objections thereto, and Landlord shall make necessary revisions to remedy such reasonable objections and resubmit revised plans and specifications are approved by Tenant. The Tenant's Work shall be performed in accordance with the approved plans and specifications Tenants shall file all drawings, plans and specifications and shall pay all fees and obtain all permits and applications in connection with the Tenant's work, and Tenant shall obtain and furnish to Landlord all such permits as well as a permanent certificate of occupancy and all other approvals for the use of occupancy of the Premises when the Tenant's work is completed. Tenant shall employ a contractor satisfactory to Landlord to do the Tenant's work. B. Each contractor and subcontractor participating in the Tenant's work shall obtain approval from Landlord for using space within the center for storage, for handling and moving of materials and equipment and for any field office or other facilities for personnel. Tenant shall obtain Landlord's prior written approval of Tenant's arrangements for temporary water, electricity and other utilities and connections therefore during the period when Tenant is doing the Tenant's Work, and Tenant shall pay, promptly when due, all utility charges and other costs of said temporary water, electricity and other utilities and connections and the costs of maintenance and removal of same. Tenant shall coordinate the Tenant's Work with the work of Landlord and other Tenants and occupants at the property. In doing the Tenant's Work, Tenant and its contractors and subcontractors shall not at any time damage, injure, interfere with or delay the completion of any other work at the property, and they and each of them shall comply with all procedures prescribed by Landlord for coordination of the Tenant's Work with the other work at the property. Tenant shall not permit any union conflict to arise in connection with the Tenant's work. Tenant shall take all reasonable steps to protect the Tenant's work with lights, guardrails and barricades. Tenant shall remove and dispose of all debris and rubbish caused by or resulting from the Tenant's Work, and upon completion of the Tenant's work, Tenant shall remove all temporary structures, surplus materials, debris and rubbish of whatever kind remaining on any part of the property brought in or created in the performance of the Tenant's Work. C. Tenant shall make all payments when due for the tenant's Work, whether to contractors, subcontractors or theirs, and shall furnish evidence satisfactory to Landlord at the completion of the Tenant's Work that such work has been completed and paid for in full and that no liens for labor or materials have been filed, or, if any have been filed, that they have bee discharged (by payment, bond, order of a court of competent jurisdiction or otherwise). 32 of 41 "'~... ..~".... ",,,,__,___,_~,.,,,,_,,,_,",,,,,,-.,,,c.........."...,,,.,,_,___...,,,__.,,,;_,,,,,,,,,,,,,,,",__,~_""_",..",_..,<_._...",__,,,,_.,,..";_..,,..;.t'_",,,,..,,~....~,',.,,,...,,o"~,,",""_,,.,'~,__..._'''''_..__"..___'....._~"~._.._,..,. 1 6A15 D. In the event any of the Tenant's work shall result in Landlord being required to make any alteration, change, improvement and/ or modification to other portions of the Center (including but not limited to, interior partitioning changes or alterations in the fire protection sprinkler system or in the hearing and air conditioning system) in order to comply with any applicable statutes, laws, ordinances, regulations, rules, orders or requirements (e.g. ordinances intended to provide full access to handicapped and disabled persons), then such changes and alterations shall be made by Tenant, or, at Landlord's option, by Landlord's contractors, at Tenant's expense. 4. The Landlord's Work shall consist of the furnishing and installing of the items set forth on Exhibit "C" annexed to the Lease and forming a part hereof. 5. The Tenant's Work shall consist of the furnishing and installing of the items set forth in Exhibit "0" annexed to the Lease and forming a part hereof. 6. A. Tenant shall commence with Tenant's Work promptly after written notice from Landlord to Tenant authorizing Tenant to do so, provided, however, that if Landlord's Work is required to be performed prior to Tenant's Work, Landlord shall give Tenant no less than ten (10) days' prior notice of the date on which the Tenant shall begin Tenant's Work. B. Tenant shall complete Tenant's work within N/ A (N/ A) days after the date upon which Landlord notifies Tenant, in writing, the Landlord's Work has been substantially completed. Landlord's determination as to the date upon which Landlord's Work has been substantially completed shall be final and conclusive. Tenant shall open the Premises for business upon such completion of the Tenant's Work. The commencement date (herein called "Commencement Date") of the Lease shall be the date as determined by paragraph 2 of the lease. When the Commencement Date shall have been determined, Tenant shall, upon request of Landlord, execute, acknowledge and deliver to Landlord a statement in the form annexed hereto as Exhibit "B" confirming the date upon which the Commencement Date occurred, the date upon which the Term shall expire, certify that Tenant is in possession of the Premises, is paying the Minimum Annual Rent, Percentage Rent, Additional Percentage Rent and Additional Rents, and that the Tenant has no claims defenses, offsets or counterclaims against Landlord, or specifying each such claim, defense, offset or counterclaim which Tenant may have. 7. If Tenant fails or omits to make timely submission to Landlord of any plans or specifications or to perform or complete the Tenant's Work, or if Tenant, in any manner, damages, injures, interferes with or delays performance of the Landlord's work, same shall constitute a default by Tenant, and Landlord, in addition to any right or remedy it may have at law or in equity, may proceed with the completion of any such plans or specifications of the Tenant's work, as the case may be, and such performance by Landlord shall be deemed the curing by Landlord of a default of Tenant as provided in paragraph 37 of the Lease and shall be governed by the provisions of said Section. 8. Tenant shall maintain the following insurance from the date of the Lease to the Commencement Date: Comprehensive general public liability insurance in respect of the Premises, including contractual liability insurance insuring the indemnity provisions set forth in Paragraph 9 of this Exhibit, with limits of not less than $1,000,000 for bodily injury or death to anyone person and $2,000,000 for bodily injury or death to any number of persons in anyone occurrence, and $500,000 for property damage. Tenant shall require all contractors to produce certificates of Worker's Compensation. Tenant shall deliver to Landlord fully paid-for policies or certificates for such insurance within ten (10) days after the date of the Lease. Tenant shall procure and pay for renewals of such insurance from time to time before the expiration thereof, and Tenant shall deliver 33 of 41 "~.'-~'-''''''';-;-; 17_ ....._-_..;-~----,-'"-,.,..._".."-'... ~,,_..,._._-,.'_._-," 1 6A15 to Landlord and at Landlord's request, the lessor (s) of any ground or underlying lease (s), such renewal policies or certificates at least thirty (30) days before the expiration of any existing policy. The policy of comprehensive general public liability shall not contain any provisions for exclusion for explosion, collapse or underground coverage, or for any exclusion as to property in the case, custody or control of the incurred. All policies shall be issued by companies of recognized responsibility licensed to do business in the State of Florida, and all policies shall contain a provision whereby the same cannot be canceled unless Landlord and such lessor (s) are given at least thirty (30) days' prior written notice of such cancellation. 9. Tenant shall defend and indemnify Landlord and at Landlord's request, the lessor (s) of any ground or underlying leases (s), and hold Landlord and such lessor (s) harmless from and against any and all injuries, losses, claims, actions, damages, persons or property arising out of or resulting from the performance of the Tenant's Work. 10. In the event of damage by fire or other occurrence at the property prior to the Commencement Date, the provisions of paragraph 29 of the Lease shall apply, except that, if the Lease is not terminated, Landlord shall, promptly after receipt of the insurance proceeds for such damage, proceed with the restoration of the Landlord's Work in the Premises and Tenant shall proceed with restoration of the Tenant's work and the restoration or replacement of its stock in trade, fixtures, furniture, furnishing, removable floor coverings, other property of Tenant and decorations in and around the Premises. 11. A Tenant Work Allowance of $ N/ A .00 shall be paid to Tenant as follows: A. % ($ N/A .00) shall be paid upon acceptance and execution of this Lease: B. % ( N/A .00) shall be paid C. % ( N/A .00) shall be paid The Tenant Work Allowance shall be used solely for the purchase of materials and labor for improvement of the premises or permanent fixtures and equipment for the premises. 34 of 41 _~_"n>~___''''_'.___._Rl ; 'l ""'__,_....'____""""""".._~__~'"' . ._-~ I 6A15 This instrument prepared by and after recording Return to: N. Paul San Filippo, Esq. Seidensticker & San Filippo, LLP 1100 Fifth Avenue South, Suite 405 Naples, Florida 34102 EXHIBIT /IF" MEMORANDUM OF NET LEASE AGREEMENT This is the Memorandum of that unrecorded Net Lease Agreement (Lease") dated tv1",,", f 1 200[-" between CPOC REALTY, LLC, ("Landlord"), and BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ("Tenant"), concerning Suites 110 and 115 (the "Premises") located at 3050 N. Horseshoe Dr., Naples, Florida 34104. This Memorandum shall expire on May 14, 2009. For good and valuable consideration, Landlord has agreed to lease to Tenant, and Tenant has agreed to lease from Landlord, the Premises upon the terms and conditions set forth in the unrecorded Lease, which terms and conditions are incorporated in this Memorandum by this reference. Pursuant to Section 713.10, Florida Statutes, Landlord and Tenant expressly give notice to all persons whomsoever and all entities that Landlord's interests in the Premises and the lands described on Exhibit "A" shall not be subject to liens for improvements made by Tenant to the Premises. Nothing in the Lease or in this Memorandum shall be construed as in any way constituting a consent or request by Landlord, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific or general improvement, alteration, or repair of or to the Premises or to any buildings or improvements thereon or to any part thereof. Pursuant to Section 713.10, Florida Statutes, it is the intend of the parties hereto that Landlord's interest in the Premises shall not be subject to any liens filed because of Tenant's failure to make payments in connection with any buildings or improvements installed or constructed on the Premises. This Memorandum is not a complete summary of the Lease. Provisions of this Memorandum shall not be used in interpreting the Lease. In the event of conflict between this Memorandum and the Lease, the Lease shall control. IN WITNESS WHEREOF, the parties have executed this Memorandum on the /7 tit day of ~~ ,200"'. LANDLORD: CPOC Realty, LLC tn~jt]~t t~ b 1 w) By: T~:ils managing membe' By: <-_/ ~, (/Le/~ t Print Name: -J '" o/l.f .(/.-';? "e. tI-.lf-:i> ~ L CI Ai},) //~2-"? ;,...... . , ;/~ ~ Witness #2 (print name below) Title: 5<'-' C"i '., r i3ei"t' /~ 35 of 41 ."..__._~._,_._,.._",_,_,..._.m~_,_,__",__........,,,,~_____.,........._"__._,__"__,__-.._'"_..-....'"....."'~_'"~ __'___"__"~'M..__.._.._ 16A15 Date: The e oing instrument was subscribed before me this , 0_, by , as who is ersonally known to me. Seria Number (if any) Printed AS TO THE LESSEE: D A TED:,Jlc c:u.::.,.":- ./ '/ J(J U Y BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E.BRQCK, Clerk ~~ ~ .'-, Br~.'~~. o.e. IJ .l.. - ~~--' , ,.--, , 'I Attf~~ QI , FRANK HALAS, Chairman si9f'at..rt OIl~c Approved as to form and legal sufficiency: ~ almer, Ass stant County Attorney TE OF FLORIDA CO OF COLLIER The forego instrument was subscribed before me this day of , 20_, by '-, , as ., who is personally known " -....... to me. My Commission Expires: Signature of Notary (Seal) Name of Notary Printed Serial Number, Commission. Number (if any) Printed -.......- ~ 36 of 41 ......-~----------_.".""'........_,~...,.".--.__.,-'.._,'_.__..-_--,_...." -",-----..,.'- ,<l," "'''.H.~",,,_,,,_"__.,"__ ,'--'-' EXHIBIT "G" 16A15 -N/A 37 of 41 --, - --"~-"--"'"' . - ,,-..,...,'...... ,...--.--..."'--. -...""'... - --"--' 16Al 5 GUARANTY OF LEASE For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in order to induce N/A as Landlord, to execute and deliver to N/A , as Tenant, a Lease Agreement dated N/A , 200 N / A , with respect to approximately 2,016 square feet of space in the property located as described in said Lease, (hereinafter the "Lease") the undersigned N/A (Guarantor), for Guarantor and Guarantor's heirs, personal representatives, successors and assigns, absolutely and unconditionally guaranty to Landlord, its successors and assigns, (i) the punctual payment of all reserved rents, at the place for payment designated in the Lease, (ii) the prompt and full payment and performance of each and every other obligation or liability, direct or contingent, of Tenant under the Lease and the performance and observance by Tenant under the Lease and the performance and observance by Tenant of all of the terms, covenants and conditions contained in the Lease and the exhibits annexed thereto to be performed or observed, and (iii) the payment of all costs and expenses, including reasonable attorney's fees (whether incurred out of court, in the trial court, on appeal, or in bankruptcy or administrative proceedings), incurred by Landlord in the enforcement of its rights under this Guaranty. This Guaranty is continuing and shall be enforceable as to any modifications, extensions and renewals of the Lease, without notice of the modification, extension, renewal or the intent of Landlord to rely upon the Guaranty to secure payment and performance of the Lease. The Guarantor waive presentment, demand for payment and notice of non-payment or non- performance by Tenant of any term, covenant or provision contained in the Lease, or any substitute or substitutes therefor, notice of acceptance of this Guaranty, any and all notices of default, extension of release of collateral or security, diligence in collection and all formalities legally required to charge his with liability under this Guaranty or which would impair Landlord's right of action against him. The Guarantors consent to any and all releases of security and collateral. The Guarantor hereby agrees that Guarntor's obligation hereunder shall continue in full force and effect, notwithstanding Landlord's consent to any assignment of the guaranteed Lease by Tenant, the invalidity or insufficiency or other defect or impairment of the guaranteed Lease or of any security or security instrument which has been or may be delivered to Landlord as part or full security for any obligations of Tenant which are hereby guaranteed, and the Guarantor will not assert by way of setoff, counterclaim, recoupment or otherwise any claim, indebtedness or liability owing, or claimed to be owing, to Guarantor from Tenant or from any other person, firm or corporation, and the Guarantor will not assert as a defense to any payment or other obligation owing by Guarantor under this Guaranty any defense they may have, or claim to have, against Tenant or against any other person, firm or corporation. The Guarantor further agrees that the time for payment of any obligation or obligations hereby guaranteed may be extended from time to time, and that the terms of any such obligations or of the Lease may be modified or compromised, all without notice to or the consent of the Guarantor, without in any way affecting the liability of the Guarantor hereunder. In the event Tenant fails to pay the Annual Minimum Rent, Percentage Rent, Additional Percentage Rent or any additional sum, or fails to perform or observe any of the other terms, covenants or conditions contained in the Lease on its part to be performed or observed, Landlord may proceed directly against the Guarantor for the full amount due under this Guaranty without being required first to institute suit against Tenant. 38 of 41 -~-'.---'_.~-'~--'-"'-" . ................"',-.- "'_.._.,-"" - 16A15 The liability of the Guarantor under this Guaranty shall be primary, direct and immediate and not conditional or contingent upon pursuit by Landlord of any remedies it may have against any other Guarantor or Tenant, its successors and assigns, with respect to the Lease, whether pursuant to the terms thereof or by law. Without limiting the generality of the foregoing, Landlord shall not be required to make any demand on Tenant or to pursue or exhaust remedies against any other Guarantor or Tenant before, simultaneously with, or after, enforcing its rights and remedies hereunder against Guarantor. Anyone or more successive or concurrent actions may be brought hereon against any guarantor either in the same action, if any, brought against Tenant or in separate actions, as often as Landlord may deem advisable. Anything herein or in the Lease to the contrary notwithstanding, Landlord may, as to Guarantor but not as to Tenant unless an event of default has occurred under the Lease, accelerate the rent due under the Lease in the event of (i) the making by the Guarantor of an assignment for the benefit of creditors; (ii) the appointment of a trustee or receiver for the Guarantor or for any property of the Guarantor; (iii) the commencement of any proceeding by or against the Guarantor under any bankruptcy, reorganization, arrangement, insolvency, readjustment, receivership or like statute, and the failure to have such proceeding discharged within 60 days; or (iv) the failure of the Guarantor to pay any indebtedness for money borrowed or the interest of any premium on such indebtedness, when due (whether by acceleration or otherwise) or the failure of the Guarantor to perform any term, covenant or agreement under any agreement or instrument evidencing, securing, or relating to any such indebtedness when required to be performed if the result of such failure is that the holder of such indebtedness of any trustee under any agreement or instrument pertaining to such indebtedness may accelerate such indebtedness; provided, however, that no such default shall exist hereunder if the Guarantor are contesting in good faith the obligation to make such payment. All sums advanced to Tenant or its successors or assigns by Guarantor and, if Tenant or its successors or assigns shall hereafter become indebted in any manner to the Guarantor, all such sums or indebtedness shall be automatically subordinate in a respects to the amounts then or thereafter due and owing to Landlord under the Lease. Nothing herein contained shall be construed to give the Guarantor any right of subrogation in and to the Lease or all or any part of Landlord's interest therein until all amounts owing to Landlord have been paid in full. The Guarantor expressly agrees that Landlord may, in its sole and absolute discretion, without notice to, or further assent of the Guarantor and without in any way releasing, affecting, or impairing the obligations and liabilities of the Guarantor hereunder (a) waive compliance with or defaults under or grant any other indulgences with respect to the Lease and/ or any other guarantee pertaining thereto; (b) modify, amend, or change any provisions of the Lease and/or any other guarantee pertaining thereto; (c) grant extensions or renewals of or with respect to the Lease, any other guarantee pertaining thereto, or affect any release, compromise or settlement in connection therewith; (d) make advances for the purpose of performing any term or covenant contained in the Lease with respect to which Tenant shall be in default; (e) assign or otherwise transfer its interest in the Lease; and (f) deal in all respects with Tenant as if this Guaranty were not in effect. It is understood that there are no conditions or limitations to this Guaranty except those written hereon at the date hereof, and that after execution, no alteration, change or modification hereto shall be binding or effective unless executed in writing, signed by the Guarantor and Landlord. The Guarantor hereby agrees that this Guaranty shall continue in full force and effect until the first of either (i) the receipt by Landlord of all Minimum Annual Rent, Percentage Rent, Additional Percentage Rent and additional sums payable to it by Tenant under the Lease, and the 39 of 41 - --- - 1 6A15 performance or observance by Tenant of all of the other terms, covenants and conditions contained in the Lease on its part to be performed or observed, or (ii) in the event of a default or defaults by Tenant, the performance by the Guarantor of all of the obligations pursuant to the terms of this Guaranty . The covenants and agreements contained in this Guaranty shall be binding upon the Guarantor and Guarantor's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Landlord and its successors and assigns. The terms used herein shall have the same meaning as is given to such terms in the Lease. IN WITNESS WHEREOF, the Guarantor has signed this Guaranty under seal this _ day of 200 - WITNESSES: GUARANTOR: BY: N/A Witness Print Name Witness Address: SS# WITNESSES: GUARANTOR: BY: N/A Witness Print Name Witness Address: SS# 40 of 41 - ""- .". - --.......-,.....,-..".,''''''''..,.-..,-.... ...... 16A15 EXHIBIT "H" Sign Criteria Subject to Landlord approval. 41 of 41 ~ -""'-'_."---'~'-"'-"----~"""'~""'~-""~-,"___,,",~__'_'''-_'~'''''~'''_''_i_ ... -- ORIGINAL DOCUMENTS CHECKLIST & ROUTI~~IP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN 'E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR AJ 6 Print on pink paper. Attach to ongmal document Ongmal documents should be hand delivered to the BOlUd Office. The completed rautl11g slip and ongmal 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 exce tion of the Chairman's si nature, draw a line throu h routin lines #1 thrau 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. t .. ~ C- es Q.._ r1 fY-...<-.,...J 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 BCC office only after the BCC has acted to approve the item, Name of Primary Staff Phone Number ttl'i Contact /"- i, 7 Agenda Date Item was /" ~-l- ~ / Agenda Item Number /~Jt/I A roved b the BCC ~ - 1---:> Type of Document efln;-I-~ Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from ftL contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ;./q- 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 nature 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 BeC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be awa e of 0 r deadlines! 6. 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 Iicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05 Permit No. CP 2006-03 PERMIT FOR 16A16 CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Peg Ruby, Marketing and Special Events Coordinator, 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 Eagle Lakes Community Spring Festival; and WHEREAS, Ms. Ruby, has presented the Board sufficient evidence that all criteria for the issuance of a permit to conduct the annual Eagle Lakes Community Spring Festival, as set forth in Chapter 10, Article II, CARNIVALS, 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 Ruby, has requested a waiver of the Surety Bond. NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Peg Ruby, Marketing and Special Events Coordinator, Collier County Parks and Recreation Department, to conduct the annual Eagle Lakes Community Spring Festival on March 30-April 2, 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 Eagle Lakes Community Park, more particulary described in attached Exhibit A. The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chainnan of said BOjd and se~Of said c,ounty, attested by the Clerk of Courts in and for said County this /1< I:- day of lar J , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA: ',' ~-d>~/ " " By: ~ ii" . ().( By: Atteat .' ~~. . Frank Halas, ChaIrman 'ign&t~)'o'ftl. App legal Item# ~ Page 1 of 1 Agenda a "'1 Lt- Date ~=d O~b _._,--~--------_._-_.._-- FOLIO NBR PARENT PARCEL PHYSICAL STREET LOCATION 0000000'447880401 0000000447080007 11567 TAMIAMI TRL E, NAPLES AREA NORTH . BLOCK SLOG LOT UNIT RANGE TWP SECT STRAP HDR REF 1G6 A 16 O~9 .000 26 50 33 502633 029.0005B3 I t!SE CODE CLASS CODE MILL AREA TOTAL ACSC I 82 0 53 33.00 SHORT LEGAL XTRA LGL CNT 33 50 26 PARK SITE DESC AS: 6 COM AT NW CNR SEC 33, S2 DEG W 14 73 . 24FT, SELY ALG NLY RW LI US 41 176.27 FT, S 54 DEG E OWNER NAME PREVIOUS OWNER COLLIER CNTY COLLIER COUNTY OWNER ADDRESS 3301 TAMIAMI TRL E NAPLES, FLC0580 341123969 FULL LEGAL DESCRIPTION 33 50 26 PARK SITE DESC AS: COM AT NW CNR SEC 33, S2 DEG W 1473 . 24FT, SELY ALG NLY RW LI US 41 176.27 FT, S 54 DEG E FT TO POB Exhibit "A" . ----_..~--_._..,., .--.-- "....'"..."~. ~ ORIGINAL DOCUMENTS CHECKLIST & ROUTIN~g A 1 r TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si ature, draw a line throu h routin lines # 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. LJ1dr ~ }~ LL- tZj)/5 jI.:lf1 J; l7 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 stafffor 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 " l e.; Ii (1.. 71 arf; f) Phone Number b-I ~ 1</~ '7 Contact Agenda Date Item was /J ~JII~ LJ /. Agenda Item Number j~.fl. / '7 A roved b the BCC Type of Document " e rl)1i 1-- CP b Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, ,W- resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials,) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature I ine date has been entered as the date of BCC 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 nature 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw e of our deadlines! 6. The document was approved by the BCC on nter date) and all changes made during the meeting have been incorporat in he attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2.24,05 - Permit No. CP 2006-04 16A17 PERMIT FOR CARNIV AL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Ellen Barkin, Community Center Supervisor, Collier County Parks and Recreation, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct the Golden Gate Community Festival; and WHEREAS, Ms. Barkin, has presented the Board sufficient evidence that all criteria for the issuance of a permit to conduct the Golden Gate Community Festival, as set forth in Chapter 10, Article II, CARNIVALS, 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. Barkin has requested a waiver of the Surety Bond. NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Ellen Barkin, Community Center Supervisor, Collier County Parks and Recreation, to conduct the Golden Gate Community Festival from March 23 through March 26, 2006, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the Golden Gate Community Festival, more particularly described in attached Exhibit A. The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chainnan of said BOJ',id and S~f said County, attested by the Clerk of Courts in and for said County this / 11ay of ~ rJ---,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGMTJ3.;,BRO'CK, CLERK COLLIER COUNTY, FLORIDA: " ~.>~-"' 'By;.fu,u" ~,QL. By: Frank Halas, ChaIrman , : Atttst n' ,'" ' , "..tu~: 0It~ ; / '-."1 '" ,'t.-~. Appr to form and legal ltem# \l1? Al1 Agenda' g -l <t '"CJ:p Date _" Date ~ Rec'd ~__'_m~ _.-.._.._--_.._-"~.---''',."-,.~.."....__.._...,,_._,,~-_...."-.-...--...."'"....-...- .." GGCC PAGE 01 02/Z7i2~~S .10:44 2394559555 16A 17 ~ &J-1-- 0-. Fe 2 DC TR In 36111520003 37115280005 FOU 0 36111520003 OWNER> COLLIER CNTY CERTIFIED STRAP 323200 118 14821 3301 TAMIAMI TRl E * '" * 'I< *' '" * '" ORB/P 2617 / 1435 COLLIER COUNTY, FL SALE DATE 3 1299 <-D MY -TAX ROLL- $AMT 525000 1< * 1< * '" * * * ACRES 8.03 NAPLES FL 34112 3969 AREA GC TRS-> 49 26 21 CERT-200$ CERT-2004 LEGAL-1 GOLDEN GATE UNIT 4 BLK 118 86 LND $ 562100 562100 -2 UNDIVIDED AND THAT PORTION OF L-USE IMP $ -3 VACTED R/W RES. 2000-192 MKT $ 562100 562100 "4 ASSD $ 562100 562100 SOH-X CURRENT-EX-AMT TAXABLE $ HMSTD-X $ MILL-CODE 100%-X $ 20 CNTY $ MSTU $ ALQ-X SR-X $ S-SL $ WMB $ VET -x $ MILL-RATE SolS $ ISD $ CIV-X $ 13.6722 CITY $ VADP $ BLD-X $ -2004- -CERTIFIED AD-VAlOREM- WID-X $ . FI NAL. (2004 TAXES) TOTAL $ AG-X $ WH-X $ 562100 (SITE)-> GC GOLDEN GATE PKY 4701 RES477 Ese F1 Exit Update ._. ~~___.~.~__,__.,~_.__._ "_"''-'''_'___''.._'''"_'___ _h _ _'_"_""_ 16A18 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 16A19 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 16A20 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 ...~---~.,-,...._,,".._....__.._>-"..,,-_.;._-.......--_.._--_... 16Bl DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 16B2 .. PROJECT: County Barn Rd. #60101 PARCEL Nos.: 702A-R AGREEMENT THIS AGREEMENT is made and entered into on this ID'fIt day of ~UL-/...-<?-- , 200le by and between RIVIERA GOLF ESTATES HOMEOWNER'S ASSOCIATIOfQ, INC., whose mailing address is 425 Charlemagne Boulevard, Naples, Florida 34112 (hereinafter referred to as "Assocation"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, Association has requested that County construct segments of a sound attenuation wall along those portions of Riviera Golf Estates' County Barn Road frontage where no walls currently exist in order to create a continuous barrier between the development and the roadway in an effort to attenuate noise from the roadway; and WHEREAS, County has agreed to construct segments of a sound attenuation wall that will connect to portions of existing wall along the frontage, which proposed segments are to be generally located in those areas depicted in Exhibit "C," and in accordance with the general specifications contained in Exhibit "0;" and WHEREAS, Association agrees to provide the County with properly executed Temporary Construction Easements ("TCEs") and mortgage subordinations from each individual property owner upon whose lands said wall is to be constructed, the forms of which instruments are attached hereto as Exhibits "A" and "B," and the legal descriptions for said TCEs having been attached hereto and incorporated herein as Exhibit "C," (hereinafter "Easement Area"); and WHEREAS, Association acknowledges that County is under no obligation to construct a sound attenuation wall along Riviera Golf Estates' County Barn Road frontage, and that County will not construct said wall unless and until it receives properly executed TCEs and mortgage subordinations (where mortgages encumber the respective lots) from the owner of each and every property in the Easement Area as described in Exhibit "C," and reimbursement for all recording fees and doc stamps; and WHEREAS, Association hereby acknowledges that the proposed sound attenuation wall segments will not match the existing wall sections in size, appearance, construction or design, and that said wall will be constructed only at those locations where there is currently no wall along Riviera Golf Estates' County Barn Road frontage, and agrees to inform all property owners of this fact as well as the conditions of this Agreement; and WHEREAS, Association agrees to pay reimburse County for the cost of recording the Temporary Construction Easements and mortgage subordinations in the public records; and WHEREAS, Owner's Representative agrees that County will have no future obligation whatsoever for the maintenance and/or repair of the sound attenuation wall once it has been constructed. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Association shall provide the following documents to County no later than June 1, 2006, and at absolutely no cost to the County: 1682 Agreement Page 2 a. Properly executed Temporary Construction Easements ("TCEs") from each and every property owner of the Easement Area depicted in Exhibit "C;" b. Properly executed mortgage subordinations from those property owners with mortgage liens against the lands; c. Documentation showing that every property owner within Rivera Golf Estates has been provided with a copy of this Agreement and informed about the above-referenced limitations and conditions associated with the proposed construction. d. An Owner's affidavit from each property owner of the Easement Area. 3. County will record all TCEs and mortgage subordinations ("Subordination, Consent and Joinder of Mortgage" instruments) and prepare closing statement reflecting all recording fees and documentary stamp taxes. Association agrees to reimburse County for the recording fees and doc stamps within 30 days of the receipt of such statement from County. The County remains under no obligation to commence construction of the proposed wall until such time as all fees have been reimbursed. 4. After the receipt of properly executed TCEs and mortgage subordinations (where mortgages encumber the respective lots) from each and every individual property owner upon whose lands the sound attenuation wall is to be constructed, and as part of its 4-lane improvements to County Barn Road (Capital Improvement Element Project No. 60101), County shall construct, at its sole cost, segments of a sound attenuation wall along the Riviera Golf Estates' County Barn Road frontage within the Easement Area at those locations where no walls currently exist. The wall will be constructed in accordance with the general specifications contained in Exhibit D. Because of the need to complete construction of the proposed wall during the road project, TIME IS OF THE ESSENCE in the Association's performance of this Agreement. 5. COUNTY MAKES NO REPRESENT A TIONS AS TO THE EFFICACY OF NOISE ATTENUATION OF THE COMPLETED WALL IMPROVEMENTS AND MAKES NO WARRANTIES, IMPLIED OR EXPRESS, AS TO THE FITNESS OF THE PROPOSED WALL IMPROVEMENTS FOR A PARTICULAR PURPOSE. 6. County will use its best efforts to minimize the construction impacts to existing vegetation in accordance with the attached specifications, but is under no obligation to replace any trees damaged, removed or unsuccessfully relocated due to construction. County will restore the ground cover on all areas left disturbed by the construction. 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 8. The parties acknowledge and agree that the failure of the proposed wall segments, once completed, to conform with the color and appearance of the existing wall will not constitute a breach of this Agreement. 9. The rAciprocal obligations contained herein are contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. . .._,.._._----""-~--------~--- 16B2 Agreement Page 3 Property acquisition approved by BCC pursuant to Resolution No. 2005-164, Item 16B3, dated 4/26/05. AS TO COUNTY: DATED: hAi({'14- 1l.\,~O(j~, ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E~' BFK)GK, Clerk COLLIER COUNTY, FLORIDA b~: cl.uM~ ,0(, BY: ~.>-2~-/ . . . ,De., ty Clerk FRANK HALAS, Chairman ...... " a1run s ,tOlltn onlw . ., ' AS TO ASSOCIATION: Riviera Golf Estates Homeowners Association, Inc. WITNESSES: / . ~' _; .. i I ....../ A..-.u_J:. ~/ /., ',/ u ,(,t; tf' By: 7<. ~ {2 (l..1--1.r~r{,~~ 'Witness (Signature) KAY ANDAZzci' resident Name:0If€, L/l i'i ; L { L(/ ('ti"~ (Print) ~~ Irtlt~ t{rfi, Witness (Signature) Name:P~YhGLA 6t9l?htTJD (Print) Approved as to form and legal sufficiency: k6J~ ../Ellen T. Chadwell Assistant County Attorney 1t9m# \~ Bz Agenda;.....\ t.\- -0' - Date \P " ~at~ 3'-1o/lttp ~~tlr EXHIBIT A 1682 ',1 Pege-L- 01-1- PROJECT: County Barn #60101 PARCEL: FOLIO: TEMPORARY CONSTRUCTION EASEMENT This Easement granted this day of 2006, by - , , whose mailing address is (hereinafter referred to as "Grantor") to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of all individuals, and the successors and assigns of corporations.) WITNESSETH that the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary Construction Easement to enter upon the lands described as follows: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference, for the purpose of constructing a sound attenuation wall on the property of the Grantor. This Temporary Construction Easement shall expire on January 1, 2010. Then the Grantee may extend the Temporary Construction Easement for one (1) year (until January 1, 2011) by recording a Notice of Time Extension in the Public Records of Collier County, Florida. If the Grantee shall extend the completion of the public facilities, Grantee shall first notify the Grantor in writing at the address listed above. Grantor accepts Riviera Golf Estates Homeowners Association, Inc. as the owner of the sound attenuation wall and acknowledges the terms and conditions set forth in the Agreement dated , 2006, between Riviera Golf Estates Homeowner's Association, Inc. and Collier County. Maintenance of said wall thereafter shall be the responsibility of the Riviera Golf Estates Homeowners Association, Inc. By the execution and delivery of this Temporary Construction Easement, Grantor release and holds the Grantee harmless from any and all liabilities, claims, or damages in connection with the Grantee's use of this easement for its intended purpose, including, but not limited to, the quality and appearance of the wall improvements. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. AS TO GRANTOR: By: Witness: Print Name: Witness: Print Name: EXHIBIT jL ioo~ ,." page...2.- of .1 STATE OF COUNTY OF The foregoing Temporary Construction Easement was acknowledged before me this day of , 2006, by Evelyn C. Gorton, who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission # (if any): My Commission Expires: Approved as to form and Legal sufficiency: Ellen T. Chadwell Assistant County Attorney 2 EXHIBIT --L 1682 "', PROJECT: County Barn #60101 ,age-L- of...l- SUBORDINATION, CONSENT AND JOINDER OF EASEMENT THIS SUBORDINATION, CONSENT AND JOINDER OF EASEMENT given this day of , 2006 by whose mailing add ress is (hereinafter referred to as "Mortgagee"), in favor of COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112 (hereinafter referred to as "County"). WIT N E SSE T H: WHEREAS, Mortgagee is the owner and holder of that certain mortgage by and between and and recorded on the day of , in Official Records Book , Page et seq. of the Public Records of Collier County, Florida (hereinafter referred to as "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"); WHEREAS, County has requested from the fee simple owner of the Encumbered Property a Temporary Construction Easement (TCE) over, under, on and across a portion of the Encumbered Premises, which TCE is legally described in Exhibit "A", attached hereto and incorporated herein by virtue of this reference (hereinafter referred to as the "Easement Property") for the purpose of constructing a sound attenuation wall thereon; and WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property, to which request Mortgagee has agreed; and WHEREAS, Mortgagee agrees to the construction of a sound attenuation wall over, under, on and across the property legally described in Exhibit "A"; and NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth ful!y below, and all Exhibits referenced herein are made a part of this Agreement. 2. The Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, on and across the Easement Property and any interest of County in facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, on and across the Easement Property, or any facilities located therein or affixed thereto, said Mortgage shall remain in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed this day of ,2006, EXHIBIT .1L 1682 PageL of...-l- NAME OF MORTGAGEE By: Witness (Signature) (Signature) Name: (Print or type) (Print Name) (Title) Witness (Signature) Name: (Print or type) STATE OF COUNTY OF The foregoing Subordination, Consent and Joinder of Easement was acknowledged before me this day of , 20_ by , as , on behalf of who: (Name of Mortgagee) is personally known to me OR who has produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #(if any) My Commission Expires: FOLIO NO. 7 PROJECT NO, 60101 SHEET 1. OF.I PROJECT PARCEL NO. TjoEJ A I 30' , EXHIBIT L I WEST PROPERTY UNE ~~ I Page---L- Of~ LEGAL DESCRIPTION AND SKETCH MPORARY CONSTRUCTION EASEMENT ~ SECTION 17, TOWNSIllP 50 SOUTH, RANGE 26 EAST q to (NOT A SURVEY) -J a c:i THE EAST 10 FEET OF lOT 456. a ~ RIVIERA GOlF ESTATES. AS RECORDED a ~ ~ IN PLAT BOOK 13, PAGES 108-111, OF THE <: ..... q ~ 0- W ::j PUBl I C RECORDS OF COLLI ER COUNTY FlOR IDA. , ~ "- L.i t:) co t:i 0: I- ~ ~ RIVIERA GOLF ESTATES q a.. - a.: ..... UNIT 2 (J) (') q Q) ~ -J ai . P.B. 13, PG. 108-111 -J a.. !P .... II) ::> l- Ll ~ LOT 456 LOT 455 [ EXtSr/NG 2S' OfWNIGE UllffS OF EASEMENT (PER PLATJ SUBDIVISION R/W UflfL _ ----------------- ------------------------- R/W Une -- KJ' CONSTRUCTION EASEMENT tl EAST PROPERTY liNE & ~ WESTERLY RIW liNE OF ::> R/W FOR COONTY BARN RON) (CR 268) ~ COUNTY BARN RON) (C.R.268) lEGEND. RIW . RIGHT OF WAY lS . lAND SURVEYOR lB . liCENSED BUSINESS R/W-Une --- P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD ~American DRAWN BY. JCM ~r.a Consulting Engineers of Florida, LLC COUJER COUNTY CHECKED BY. SP 4111 Land O' Lakas Blvd. Suit. 210 Land O' Lakes, Florida 34639 DEPARTMENT OF' TRANSPORTA,77ON DRAWING DATE. 08-18-05 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No, 7110 SCALE. 1-.30' Joel C. McGee, P.S.M. No. 6430 -, -,-".,"~~,,.,~~~.,.,.. ,,~..._,_.-.....'.~. '~_'M ...^',.__~~" FOUO NO. 1J PROJECT NO. 60101 SHEET 1- OF .L PROJECT PARCEL NO. ?!H)' B I 30' I LEGAL DESCRIPTION AND SKETCH Z~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTI-I, RANGE 26 EAST EXHIBIT _ C_ WEST PROPERTY UNE RIVIERA GOLF ESTATES Page...L_ of.J.5L UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 FEET OF LOT ~55. .- ,". RIVIERA GOlF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-111. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. ~ :J LOT 456 LOT 455 ~ LOT 454 ~ Q" [ EXlsr/NG 25' ORNJlIGE :t UMffS OF EASEMENT (PER PLAT} Ii: SUBDIVISION ~ - ------------------ --------------- --------~------- ------ R/W Une R/W Une -- 10' CONSTRUCTION EASEMENT V) EAST PROPERTY UNE & W WESTERlY R/W UNE OF ~ R/W FOR COUNTY BARN RON) (CR 2GB} ~ COUNTY BARN RON) fC.R.268) LEGEND, RIW . RIGHT Of WAY LS . LAND SURVEYOR LB · LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER Cone.. CONCRETE R/W Une - -- -- ~American DRAWN BY' JCM .,a Consulting Engineers of Florida, LLC COLLIER COlJNTY CHECKED BY' SP 4111 Land 0' Lskss Blvd. Suite 210 Lend 0' Lakes, Florida 34639 DBPARTMENT OF '1'1UNSPORT.t 770N DRAWING DATE' OS-IS-OS Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 ,.,..... ~_ II" 9ft" 1__' _ .._,.._ _ ,...,.... .. ...-... ... ...,...."...~,--"._- -~_....._'---,...."-- - .....-- FOUO 63 PROJECT NOI 60101 SHEET LOF L PROJECT PARCEL NOI ? Da. ~ I 30' . LEGAL DESCRIPTION AND SKETCH Z ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIllP 50 SOUTII, RANGE 26 EAST EXHIBIT C~ RIVIERA GOLF ESTATES p ~ 9 ~T2 898.--..1..- of-1L P.B. 13, PG. 108-111 WEST THE EAST '0 FEET OF LOT <lS<4, PROPERTY liNE RIVIERA GOlF ESTATES, AS RECORDED IN PLAT BOOK 13, PAGES '08-"', OF THE PUBL IC RECORDS OF COlL IER COUNTY FLORIDA. ~ ~ ~ ~ LOT 455 I LOT 454 ~ LOT 453 a: ~ Cl.: :z: [ EXISTING 25' DRNNJGE B EASEMENT (PER PLATJ ~ ~ 0 -------------------------------- - --------------_:_----- R/W Une -- -- 10' CONSTRUCTION EASEMENT VI EAST PROPERTY UNE & ~ ~~~~OF ~ R/W FOR CCJJNTY 8NlN RONJ (CR 268J :z: CCJJNTY BNlN RONJ (C.R.268J l:5 LEGEND, RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER Cone.. CONCRETE R/W Une- - - - - - I'i~American DRAWN BY, JCM .. Consulting Engineers of Florida, LLC ""'UE'n CHECKED BY' SP 4111 Land 0' LakllS Blvd. Sulta 210 ...~ COUNTY Land 0' Lakes, Florida 34639 DEPARTHENT OP 1'RANSPORTA77ON DRAWl Ne; DATE' 08 -18 -05 Phons: (813) 996-2800 Fax: (813) 996-1908 Clutlticats of Authorization No. 7110 ~,... ~. . _ ,"'. .In.1 r. u",n.a<lll D C!'~~.~,~"""'~~__...""______.",..._""'"'~"'_._"___Iiolllil.... PROJECT NO. 60101 SHEET 1. OF J... PROJECT PARCEL NO. 7 OcR L> I 30' I LEGAL DESCRIPTION AND SKETCH Z~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) '" SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXHIBIT '1 RIVIERA GOLF ESTATES L. Page -.-:i_ of-LfL UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 FEET OF LOT ~S3, RIVIERA GOlF ESTATES, AS RECORDED WEST IN PLAT BOOK 13, PAGES 108-111, OF THE PROPERTY UNE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. ~ ~ ::J ~ ::J LOT 453 ~ LOT 454 ~ LOT 452 ~ a.: ~ a.: ~ VI [ EXISTING 2S'DRNNN;E !;! EASEMENT (PER PLAn -------------- ------------------- -- --------~------ ---------- -- R/W Une 10' CONSTRUCTION EASEMENT \I) EAST PROPERTY liNE " ~ WESTERLY R/W liNE OF ~ R/W FOR COONTY 8NlN ROAD {CR.268J ~ COONTY 8NlN ROAD {CR.268J . ~ LEGEND, RIW · RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.S. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER Cone.. CONCRETE R/WUne -- -- ~~n~~[~~~.~.. of Flodda, LLe DRAWN BY, JCM COLlJ.BR COUNTY CHECKED BY, SP 4111 Land O' Lakes Blvd. Suite 210 Land O' Lakes, Florida 34639 DEPARTMENT OP TRANSPORTA77ON DRAWING DATE' 08-18-05 Phone: (813J 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 .......... .. . - .-. . . - .. - -..=--..:...:. ",a_.'4.__"<<-"" .-.-,"".- -~-~"~-,"...,.,"...- PROJECT NOI 60101 SHEET LOF 1. PROJECT PARCEL NOI loaF: I 30' I LEGAL DESCRIPTION AND SKETCH Z ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSlllP 50 SOUTH, RANGE 26 EAST EXHIBIT C RIVIERA GOLF ESTATES Page-5:... of--1..Z.. UNIT 2 P.B. 13, PO. 108-111 THE EAST 10 FEET OF LOT 452. RIVIERA GOlF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-111. OF THE WEST PUBLIC RECORDS OF COlLIER COUNTY flORIDA. PROPERTY UNE la.J ~ la.J ~ ~ LOT 452 ~ LOT 453 ~ la.J LOT 451 g: ~ :t: ll: a ~ V) [EXISTING 25' DlWNJGE ~ EASEMENT (PER PLAn ------------- ------------------- -- --------------- ---------- R/W Une 10' CONSTRUCrKJN EASEMENT CI) EAST PROPEHrY UNE " W ~~~~OF ~ RIW FOR COONTY 8NYI ROAD (CR.268J :t: COONTY BARN ROAD (C.R.268J t:i LEGEND, RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER Cone.. CONCRETE R/WUrie - - - - "A~ Am e ri ca n DRAWN BY, JCM .,. Consulting Engineers of Florida, LLC CHECKED BY, SP 4111 Land O' Laku Blvd. Suita 210 COl.LIER COlINTY Land 0' Laku, Florida 34639 DBPA.RTJffENT OF 'I"RANSPORTA,71ON DRAWING DATE, 08-18-05 Phona: (813) 996-2800 Fax: (813) 996-1908 Cartificate of Authorization No. 7110 SCALE. 1-.30' Joe/ C. McGee. P.SJ{, No. 6430 ,,,,,n ""__ .___.___" FOUJ PROJECT NO. 60101 SHEET J.... OF J.... PROJECT PARCEL NO. ,7fPd ~ I 30' I LEGAL DESCRIPTION AND SKETCH ~~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSlllP50 SOUTH, RANGE 26 EAST EXHIBIT (' RIVIERA GOLF ESTATES '-- ~age_L'..c._ of....lL UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 FEET OF LOT ~51. ~WE5T RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-111. OF THE PUBliC RECORDS OF COlLIER COUNTY FLORIDA. PROPERTY UNE I.u ~ I.u ~ ~ LOT 451 ~ LOT 452 ~ ~ LOT 450 II ~ i ~ [ EXISTING 25' DRNNJGE 51 EASEMENT (PER PLATJ ------------- ------------------- -- --------------- ---------- R/W line - - 10' CONSTRUCTION EASEMENT ~ EAST PROPERTY UNE " ~ WESTERLY R/W UNE OF :s R/W FOR COUNTY BARN RON) (C.R.26BJ ~ COUNTY BJRN RON) (C.R.268J LEGEND. RIW . RIGHT OF WAY LS · LAND SURVEYOR LB · LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a ~PER C.R. . COUNTY ROAD R/W line- -- -- ~f.'n~t~~!~~.~" of FI.dda, LLC DRAWN BYt JCM COUJER COUNTY CHECKED BYt SP 4111 Land O' Lakes Blvd. Suit" 210 Land O' Lak"$, Florida 34639 DEPARTMENT OF ~"(17ON DRAWING DATE. 08-18-05 Phon,,: (813J 996-2800 Fax: (813) 996-1908 Certificete of Authorization No. 7110 "'-.- ,_.",-, ~._". ~-_. FOLIO rJ. Qa~ooo, PROJECT NO. 60101 SHEET .l.. OF 1- PROJECT PARCEL NO. 10J.. fr- I 30' I LEGAL DESCRIPTION AND SKETCH Z~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIllP 50 SOUTH, RANGE 26 EAST EXHIBIT L RIVIERA GOLF ESTATES '!':'ag9""q']~_ of.....L2... UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 FEET OF LOT ~SO. RIVIERA GOlF ESTATES. AS RECORDED IN PlAT BOOK 13. PAGES 108-111. OF THE PUBLIC RECORDS OF COlLIER COUNTY FLORIDA. ~ , :::J ~ LOT 450 LOT 451 ~ Q.: ~ VI [ EXISTING 2S' ORNNIGE EASEMENT (PER PlAT) ------------ ------------------ ---- ---------------------- - R/W Une K1 CONSTRUCTION EASEMENT tl EAST PROPERTY UNE & ~ WESTERLY R/W UNE OF ~ R/W FOR COUNTY BARN RON) (CR.268) ~ COUNTY BARN RON) fCR. 268) LEGEND, RIW . RIGHT OF WAY LS . LAND SURVEYOR LB · LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD R/W-Une -- -- ~~"~t~[~~~e~" of Flodda, LLe DRAWN BY, JCM C'OU.JER COUNTY CHECKED BY, SP 4111 Land O' Lakes Blvd. Sui/e 210 Land 0' LakflS. Florida 34639 Dl/PARTMENT OF 1'RANSPORTA770N DRAWING DATE, 08-18-05 Phone: (813) 996-2800 Fax: (813) 996-1908 Certlficale o( Authorization No. 7110 r,.... r"_ ... ,^_ .JnlQl ~ u,...na4. ~_~_..!!-.~,.",:,,:~_~ -." . .--..--" !fjj FOLIO NO 069'1 PROJECT NOa 60101 SHEET .L OF .L PROJECT PARCEL NOa qOaH I 30' I LEGAL DESCRIPTION AND SKETCH Z~ TEMPORARY CONS1RUCTION EASEMENT (NOT A SURVEY) /\ SECTION 17, TOWNSlllP 50 SOUTH, RANGE 26 EAST EXHIBIT /1 '-- Page_lL. of.J.Z.... RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PO. 108-111 THE EAST 10 FEET OF LOT ~~g, RIVIERA GOlF ESTATES, AS RECORDED IN PlAT BOOK 13, PAGES 10e-III, OF THE PUBL IC RECORDS OF COlL IER COUNTY flORIDA. LOT 449 LOT 450 LOT 447 [ EXtSr/NG 25' ORNNNlE EASEMENT (PER PLATJ ------------------------- --- ---------------- ----------- CONSTRUCTION EASEMENT \ R/W Une -- 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & R/W FOR WESTERLY R/W UNE OF COONTY BARN ROAD (C.R.268) COONTY BARN ROAD (CR.268J LEGEND a (WIDTH VARIES) RIW . RIGHT OF WAY LS . LAND SURVEYOR IR . 1.1 CEN P.B. . PLAT BOOK JJ/W Une PG. . PAGE --- PSM . PROFESSIONAL SURVEYOR 8 MAPPER C. R. . COUNTY ROAD ~American DRAWN BY, JCM .,.. Consulting Engineers of Florida, LlC COLLIER COUNTY CHECKED BYI SP 4111 Land O' Lakes Blvd. Suite 210 Land O' Lakes, Florid. 346311 DEPARTMENT OF ~A770N DRAWING DATEI Oe-IS-05 Phone: (813) 9116-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 --.. - . n __ . - .. - - - ".- ....:_: C"_'__'___;;_~"'__'.,_"'~"""""_""""__"_'_""__~'__'__ .16B OOy~, PROJECT NOt 60101 SHEET .L OF .L PROJECT PARCEL NOt ~p~X I 30' I LEGAL DESCRIPTION AND SKETCH Z~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXHIBIT C- RIVIERA GOLF ESTATES ~qk UNIT 2 Page -~L_ of.J.L P.B. 13, PG. 108-111 ~~~ THE EAST 10 FEET OF LOT 429. RIVIERA GOlF ESTATES, AS RECORDED IN PLAT SOOK 13, PAGES 108-111. OF THE PUBliC RECORDS Of COlLIER COUNTY flORIDA. . ~ l.aJ :::i ~ ~ ~ ~ Cl ~ ~ Cl LOT 429 :x: III ~ ~ LOT 432 LOT 428 LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LS . LICENSED BUSINESS P.s. . PlAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR a MAPPER c... · COUNTY ROAD [EXISTING 25'Dl/NNNlE EASEMENT fPER PLAT) --------------------------------- -------------~--- ---------- R/W Une - -- R/W FOR 10' CONSTRUCTKJN EASEMENT S COUNTY BARN ROAD fCR.268) EAST PROPERTY UNE & (WIDTH VARIES) WESTERlJ' R/W UNE OF COUNTY BARN ROAD fCR.268} - R/W Une - -- ~ ~"~,~~~~~,~" .f FI.'lda, ttC DRAWN BY. JCM COLLIER COlJNrY CHECKED BY. SP 4111 Land 0' Lahs Blvd. Suite 210 Land O' Lakes, Florida 34639 DBPA.RTHENT OP ~.417ON DRAWING DATE. 08-18-05 Phone: (813) 996-2800 Fax: (813) 996-1908 Ceftificate of Authorization No. 7110 ,..,.. .. .. . - --- 11"l_''''' u,..~...... n ('<I_"~,~'"-~~.....:..:..::..-'_...,,,.. --"".,-"", PROJECT NO. 60101 SHEET .L OF .L PROJECT PARCEL NO. '70.;2:::r I 30' I LEGAL DESCRIPTION AND SKETCH Z~ TEMPORARY CONSlRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIllP 50 SOUTII, RANGE 26 EAST EXHIBIT ;/) RIVIERA GOLF ESTATES L Oaga_J.~_ of-L.:l.. UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 FEET Of LOT <428, RIVIERA GOLF ESTATES, AS RECORDED ~I( IN PLAT BOOK 13, PAGES 108-111, OF THE PUBliC RECORDS Of COLLIER COUNTY flORIDA. ~~~ WEST PROPERTY liNE LOT 428 ~ ~ ::J ::J LOT 429 t ~ f5 ~ ~ LOT 427 ~ a.: ~ ~ LEGEND, V) ~ RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIoNAL SURVEYOR 8 MAPPER C.R. · COUNTY ROAD [EXISTING 25'ORNN/IGE EASEMENT (PER PLAT) ------------ ------------------- ----------------- ----------- R/W line - -- R/W FOR IQ' CONSTRUCTION EASEMENT COUNTY BARN RONJ (CR.268) EAST PROPERTY liNE & MINH VARIES) WESTERLY R/W liNE OF COUNTY B/lRN RONJ (CR. 268) - R/W line - -- "~American DRAWN BY, JCM .ra Consulting Engineers of Florida, llC COlJ..JBR COUNTY CHECKED BY, SP 4111 Land O' Lakes Blvd. Suita 210 Land O' Lakas, Florida 34639 DePARTMENT OF 7'Rt4NSPORTA770N DRAWING DATE. 08-18-05 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 71flL_.____.'P .-,-.'^-.........- ..... ._.. ---'-_.-~-.~---.-.- PROJECT NO, 60101 SHEET L OF ..L PROJECT PARCEL NO, 1fO{) "'- I 30' , LEGAL DESCRIPTION AND SKETCH Z~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXHIBIT /~ RIVIERA GOLF ESTATES L UNIT 2 PaQe....J.L of..;.L:L P.B. 13, PG. 108-111 , D~1):,.l~ THE EAST 10 fEET OF LOT ~27. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-111. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. WEST PROPERTY UNE ~ :::i lU ~ ~ ~ ~ ll: ~ ~ LOT 427 Q. ~ Cl) ~ LOT 428 LOT 426 [ EXI!irING 25' DRNNIGE EASEMENT fPER PlATJ ------------ ------------------- ----------------- ----------- R/W Une -- - 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERlY R/W UNE OF CCXJNTY BARN ROAD fCR.2GB) S R/W FOR COUNTY BARN ROAD fCR.2GB} LEGENDI tw: RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PS.. . PROFESSIONAL SURVEYOR 8 UAPPER C.R. . COUNTY ROAD -- R/W Une - ~~n'!2~[~~~e~" of Flo<ida, lle DRAWN BYI JC" COl.LIER COUNTY CHECKED BY, SP 4111 Land O' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 DBPA.RTHENT OF 17iANSPORTA,17ON DRAWING DATE' 08-18-05 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authori,z.~tjpn No. 7.',1 0 -..,,-"'.- ._w.._.. ~._~.._..___".... . ".-.. ._, F 10 rJ. 9e,ij/Z,oo PROJECT NOr 60101 SHEET l.. OF J... PROJECT PARCEL NOr'] O,d L l 30' , LEGAL DESCRIPTION AND SKETCH ~~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUlH, RANGE 26 EAST 3 RIVIERA GOLF ESTATES EXHIBIT L UNIT 2 Page fl_ of...J.L P.R 13, PG. 108-111 THE EAST '0 FEET OF LOT 426. ~ElLLE . RIVIERA GOlF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-"'. OF THE D~ PUBLIC RECORDS OF COlL IER COUNTY FLORIDA. ~ :::J ~ ~ WEST PROPEFUY liNE :::J ~ ~ Il: ~ :x: LOT 426 ~ Il: ~ ~ LOT 427 LOT 425 [ EXr.;T/NG 25' ORNNIGE EASEMENT (PER PLATJ ------------ ------------------~ ----------------- ----------- R/W line - - 10' CONSTRUCTION EASEMENT EA>T PROPEFUY liNE & WESTERlY R/W UNE OF caJNTY BARN RONJ (c.R.268J e R/W FOR COONTY BNlN ROAD (C.R.268J LEGEND_ RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD -- R/W line - ~American DRAWN BY_ JCM "a Consulting Engineers of Florida, LLC C'OUJER COlINTY CHECKED BY_ SP 4111 Land 0' Lahs Blvd. Suite 210 Land 0' Lakes, Florida 34639 DBPARTHBNT OF 7'RANSPORTA.77ON DRAWING DATE_ 08-'8-05 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 erA. 1:'. ... ...".. --- Joel C. McGee, P.S_M. No .1l~3.!l..__..._....... ~,.~ -"'~~.~_. FOLIO NO D:l PROJECT NOt 60101 SHEET 1. OF .1- PROJECT PARCEL NOI '1011 (l\ ,.30' I LEGAL DESCRIPTION AND SKETCH Z~- TENWORARYCONSTRUCTIONEASEMffiNT (NOT A SURVEY) tf.l SECTION 17, TOWNSIllP 50 SOUTII, RANGE 26 EAST ~ - RIVIERA GOLF ESTATES ~ - - EXHIBIT -1 . L- UNIT 2 tf.l 0 ~-::: Pageuof...LL P.B. 13, PG. 108-111 I ~ f-t . I S~O I o ~ THE EAST 10 FEET OF LOT ~2S. MARsEILLE I ~ ~ RIVIERA GOlF ESTATES. AS RECORDED DRIVE I ~ ~ I N PLAT BOOK 13. PAGES 108 -III. OF THE I PUBLIC RECORDS OF COlLIER COUNTY FLORIDA. ~ ~ ::j ~ ~ f5 LOT 425 ~ In ~ \0 Q" c<"I Q" f-t ~ ~ 0 LOT 426 H II) ~ [ EXISTING 25' DRAlNIGE. EASEMENT (PER PLAn ------------ -------------~----- ----------------- ----------- R/W line - - 10' CONSTRUCT'ION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE OF CCXJNTY BARN ROAD (CR. 2JjlJ) e R/W FOR CCXJNTY BJRN ROAD (CR. 268) LEGENDI RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD -- R/W line - If.~American DRAWN BYI JCM .ra Consulting Engineers of Florida, LLC COLLIER COUNTY CHECKED BYI SP 4111 Land 0' L8ku Blvd. Suita 210 Land O' LaKu, FlorIda 34639 DBPART.HENT OF 7'RANSPORTA71ON DRAWING DATE_ OS-IS-05 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 ,- -,,.. .. - - - -. ". -<-__. -ov.-. L ._----_.,,-~~.,.,"' F PROJECT NO. 60101 SHEET ..L OF ..L PROJECT PARCEL NO.7 {)a. N I 30' I LEGAL DESCRIPTION AND SKETCH Z~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUlH, RANGE 26 EAST EXHIBIT /1 RIVIERA GOLF ESTATES ~ Page-'-1- of....LL. UNIT 1 P.B. 12, PG. 110-111 THE EAST 10 FEET OF LOT 365, RIVIERA GOlF ESTATES, UNIT ONE, AS MARSEILLE RECORDED IN PUT BOOK '2, PAGES '10-'11, DRIVE OF THE PUBLIC RECORDS OF COlLIER COUNTY flORIDA. k ~ PROPERTY UNE ::i ~ ~ ~ ::i LOT 365 ~ ~~ ~ ~ ll: ~ ~g LOT 425 :t: ~ ~I i&l ~I u [ EXI5TING 2S' ORNNIGE J EASEI/ENT (PER PLATJ ------------ ------------------ - ------------------- / R/W Une - 10' CONSTRUCrJON EASEI/ENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COONTY fJ)RN ROJD (CR. 2fjlJ) S RIW FOR CaJKTY BNlN ROJD (CR. 268) LEGEND. S} RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PC. . PAGE PSM . PROfESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD -- R/W Une - -- ~~"'!Jt~[~9.~.~".f FI."da, LLe DRAWN BY. JCM C'OLUER COUNTY CHECKED BY. SP 4111 Land 0' Lakes Blvd. Suite 210 Land O' Lakes, Florida 34639 DEPARTMENT OF 1'RA.NSPORTA TION DRAWING DATEr 08-'8-05 Phone: (813) 996-2800 Fax: (613) 996-1908 Certificate of A uthori!~,/on No 711 () ___"_.'_"_ .,-.~~--"",,----~~..,_.- -'---.......-".- FOLIO OO? PROJECT NO. 60101 SHEET 1.. OF 1.. PROJECT PARCEL NO. 70d. 0 , 30' I LEGAL DESCRIPTION AND SKETCH ~~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUffi, RANGE 26 EAST EXHIBIT r RIVIERA GOLF ESTATES UNIT 1 Page..lS.:_, of...t.Z- P.B. 12, PG. 110-111 THE EAST 10 FEET OF LOT 343. RIVIERA GOLF ESTATES, UNIT ONE. AS MARSEILLE RECORDED IN PLAT BOOK 12, PAGES 110-111, DRIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. L PROPERTY UNE E3 ~ Lu :::J ~~ ~ ~ ~ ~ j~ ~ ~ / ~ LOT 343 LOT 342 0.. ~ :t:: Q::: u /8 ~ V'l [ EXISTING 25' DRAiNI6E EASEMENT (PER PlATJ ----------- ----------------- ----------------- -- 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & RIW FOR WESTERLY R/W UNE OF COUNTY BARN ROAD (CR. 2GB) COUNTY BARN ROAD (CR. 268) (WIDTH VARIES) e LEGEND. . LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C. R. . COUNTY ROAD -- R/W Une - DRAWN BY, JCM COLLIER COUNTY CHECKED BY' SP DEPARTMENT OF TRANSPORT.4 770N DRAWING DATE, 08-18-05 ,__,,... 11___- ,..,.... I... _..__ CrAIIC". '-.1I:n. -..-.... ..~-----~,._- ~"-'-,~.~._- . ..- ',---- oos- PROJECT NOt 60101 SHEET .L OF .L PROJECT PARCEL NOt '1 DB \0 I 30' I LEGAL DESCRIPTION AND SKETCH Z~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIllP 50 SOUTH, RANGE 26 EAST EXHIBIT r' RIVIERA GOLF ESTATES L- UNIT 1 PagelL:.- of--LS..- P.B.12,PG.ll0-ll1 THE EAST 10 FEET OF LOT 342, RIVIERA GOlF ESTATES, UNIT ONE, AS MARSEILLE RECORDED IN PLAT BOOK 12, PAGES 110-111, DRIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. k PROPERTY UNE ~ ~ ~ ::t: ::t: LOT 343 ~ LOT 342 ~ ~ I'T\ LOT 341 ~ ~ ~ t:: :i!: fli I'T\ [ EXISTING 25' DRNNN;E: EASEMENT fPER PLATJ ---------------------- ---- ------------------ ---------------- -- 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & R/W FOR WESTERLY R/W UNE OF COUNTY BARN ROAD fCR. 268) COUNTY BARN COUNTY BARN ROAD fCR. 268) (WIDTH VARIES) ROAD (C.R. 268) e LEGEND_ . LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD -- R/W Une - -- ~~n~t~~~~~.~".f ".,'da, LLe DRAWN BY. JCM COLLIER COlJNTY CHECKED BY. SP 4111 Land O' Lakes Blvd. Suite 210 Land 0' Lakes, Florida 34639 DEPARTMENT OF 7'R.ttNSPORTA77ON DRAWING DATE_ 08-18-05 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorization No. 7110 SCALE. 1-.30' Joel C. McGse. P.S.M. N!!.c..643D , --- ". ~~~".~ ^'__...........___,,_..__~..__.....""__'"''''"_~.v_._..,_ _, _.~-,--"..,----~~"..,_.----. FOLIO J. PROJECT NOc 60101 SHE.E.T .L OF .L PROJECT PARCEL NOc 7Dfj Q 30' LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSillP 50 SOUTII, RANGE 26 EAST EXHIBIT L RIVIERA GOLF ESTATES UNIT 1 Page ~L of.J.Z:.... P.B. 12, PO. 110-111 THE EAST 10 FEET OF LOT 3~1, RIVIERA GOlF ESTATES, UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 110-111, OF THE PUBLIC RECORDS OF COlLIER COUNTY FLORIDA. MARSEILLE DRIVE WEST PROPERTY liNE ~ \ :s:. LOT 342 -0 :x: LOT 341 ~ LOT 340 ! {T\ ~ c:. ~ -:;z:. tn t::: :z: "' [ EXISTING 25' DRNNIGE EASEIIENT (PER PLATJ ---------------------- ---- -------------------- -- R/W FOR 10' CONSTRUCTION EASEIIENT COUNTY BARN COUNTY BARN RON) (CR. 268J EAST PROPERTY UNE & (WIDTH VARIESJ WESTERLY R/W liNE OF ROAD (C.R 268) e COUNTY BARN RON) (CR. 268J LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR SI P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C. R. . COUNTY ROAD -- R/W Line - -- ~ ~E'2I:,r~~~e~" 01 Flollda, LLe DRAWN BY. JCM COLLIER COlINTY CHECKED BY. SP 4111 Land 0' Lakes Blvd. Suite 210 Land O' Lekes, Florida 34639 DEP....RTMENT OF TIUNSPoRT....770N DRAWING DATE. 08-18-05 Phone: (813) 996-2800 Fax: (813) 996-1908 Certificate of Authorizetion No. 7110 SeAl f:. I -.~n' Joel C. McGee. P.S.M.:._No. 6430 .._.,_.__'~' _~_._"...~ '.'M.,_ ... 'F"'_U_'" "',---~..-- _.>~..,_._.,-- PROJECT NOt 60101 SHEET 1. OF J.. PROJECT PARCEL NOt tyoa K I 30' I EXHIBIT C LEGAL DESCRIPTION AND SKETCH .~ page.JL of.1L l'EMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTII, RANGE 26 EAST RIVIERA GOLF ESTATES ~\.J~ UNIT 1 P.B. 12, PG. 110-111 ~~ THE EAST 18 FEET OF THE SOUTH 12 FEET OF L RIVIERA GOlF ESTATES. UNIT ONE. AS RECORDED IN PLAT BOOK 12. PAGES 110-111. OF THE PUBLIC RECORDS OF COlLIER COUNTY FLORIDA. LOT 339 LOT 341 LOT 340 [ EXISTING 25' DRAlNIGE EASEMENT {PER PLAT} ----- ------------------------ ---------- R/W Une -- -- -- R/W FOR 18' CONSTRUCTION EASEMENT COUNTY BARN RON) {CR. 268J EAST PROPERTY UNE & (WIDTH VARIESJ WESTERLY R/W UNE OF e COUNTY BARN RON) {CR. 268J COUNTY BARN ROAD LEGENDa (C.R. 268) RIW . RIGHT OF WAY LS . LAND SURVEYOR NES P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C. R. . COUNTY ROAD R/W Une -- -- ~~n~t~[~~~.~" of Floclda, LLe DRAWN BYa JCM COLf..IER COUNTY CHECKED BYa SP 4111 Land O' Lakes Blvd. Suits 210 Land O' Lakss, Florida 34639 DEPA.RTMENT OF TRANSPORTA.77ON DRAWING DATE_ 08-18-05 Phons: (813) 996-2800 Fax: (813) 996-1908 Csrtificats of Authorization No. 7110 ("'''''...,... ... .,"'.. ,-_.,.. ..-..... - ........... - .-- .".~..~.--_.._--,,-'-"- ---~'---"- IJ~P'OiPJ jpr/s\/.D/IVJDO^IJE1A-;:rff~sp~r(JJJ\:cJ 1 682 OIl;?1 "OOZ-J.'ItIJ-O/ (lUOOjPJl Du~JOf)l '- , Cu. ~~ ~ VJ ~L<(JJ !'l EXHIBIT D II: ..~ ~ ~\,! p.....L- of....L- ~i~ h;~l ~ !!~Il ll!.,1l. .. !.> lI) I~ ~== ~~~ -.J ~~ .. :;:ell) 11;~ ~\} .., [5 h.~ ..... Jr~ ~~ lJJa ~~ t- QJ f-- Bi~ -i ~ Cl~ ~~ h :::l -.J-.J ~ -.J~ ..... ~O:: ~ ~ i:l~ ~ ..... SlJJ .. ~ lJJ~ ... ~ ~~ -1 ~ ~ ~ ~ ~~ ~~~ ~ ~ QJ ~;i b e ..~!! ..... ':' ~~~ ..... 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",,~a: oq:~~~ an~~~~ _~_'_c."_ ~-"'._' , -- -~._--..._">...~ 1683 PROJECT: 60016 FOLIO No(s): Part of 61844640005 AGREEMENT THIS AGREEMENT hereinafter referred to as the "Agreement") is made and entered into on this ] I day of tL t,U..( , 200', by and between FOXFIRE COMMUNITY ASSOCIATION OF COLLIER CO NTY, INC., a Florida non-profit corporation, whose mailing address is 1030 Kings Way, Naples, Florida 34104 (hereinafter referred to as "Owner"), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County"). WITNESSETH: WHEREAS, County has requested that Owner convey to the County a fee estate in the land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, County has agreed to compensate Owner for conveyance of the Property. NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Property to County for the sum of J500.00, in a form acceptable to County (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant, shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, and all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 5. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. County shall pay all fees to record any curative instruments required to clear title, all recording fees, and any and all costs and/or fees associated with securing and recording a Release or Subordination of any mortgage, lien or other encumbrance 1683 Agreement Page 2 recorded against the Property; provided, however, that any compensation, costs and/or fees required to secure and record releases or satisfactions, shall be the responsibility of the Owner. 7. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 8. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED: 3/ /1-1 tJtJ ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUN~DA t~f ~,~~~.C BY: ~ ~./ , Chairman 11~.I" " AS TO OWNER: DATED: .:ra.,nu..Lf1 31J J..oo(, FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC., a Florida non- profit corporation BY: tW . Witness (Signatu ) VA-mP, \ A T ~f\lSY) Name (Print or Type) ~ 1J~ ll~jl Witness (Signature) b('~ PeN \.\. ~ Name (Print or Type) Approved as to form and 'tem#\~ legal sufficiency: / Agenda~ ' \ '1.....ct:> (d V~' Date Date O.....\~ ' ",(. rfAA_Z/L- Ellen T. Chadwe I Rec'd Assistant County Attorney prL~ --. ,...""_..-.",,",.,.~-,~_.....~,",-"_.._,...,,,.........-.-_, '--~--"'-"'-~-"-"-'''"-'---'---''"_,_,~""",_._~---~---- .'--~- -~ .. .. .. -- .-...---.-----....--- 16.B3 '- ~ 1"-- '"U 0 () Z 0 -..J ~ DAVIS BOULEVARD '"U (J1 ~ DAVIS BOULEVARD (150' RIGHT-OF-WAY) 0 '-!. 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" ^" --- - ^ . --..-.-......-..--..--.--,---....--,.~.-...----..---,.-.-.- -----_._._._-~_._,.."._-_._,.__._.,- 1684 MEMORANDUM Date: March 15, 2006 To: Margaret Ramos Adopt-A-Road Coordinator From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: (1) Adopt-A-Road Agreement: Remembrance of Carmen Sarmiento Enclosed please find one (1) copy of the document, as referenced above (Agenda Item #16B4), as approved by the Board of County Commissioners on Tuesday, March 14,2006. If you should have any questions, please call me at 774-8406. Thank you. Enclosure .. ---., -".,-~ 1684 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions -rL- THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this/t/ day Or17L.-i-...A--C. L , 20(i' by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Remembrance of Carmen Sarmiento (hereinafter the "GROUP"), whose address is 7117 Timberland Circle, Naples Florida 34109 WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as Goodlette-Frank Road from Creech Road to Pine Ridge Road (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: l. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a 1684 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. ') -_.- - 16Blt B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment ofthe 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 ---- , 1684 -. E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. BOARD OF COUNTY COMMISSIONERS ATTEST.: OF COLLIER COUNTY, FLORIDA DWlGHTE. BROCK, Clerk ::2 By: ().u.u ~],' 0,( BY:~.?-- ~ ./ A~ ..' .' ,to ' ~it.ie.k Frank Halas, Chairman .1~bft'OIl , GROUP: Remembrance of Carmen Sarmiento ,"- /-, I . '- ! \ By: ct'tac<'..v:J jU CL'ivl-'" t.-9> Name(print)( Ot~r{f.vl c Sf} I(m 115. N'r...1 Title (print): tl- r. ,q!> C r- G.p L.-' L.J fl , Phone # (day): '2:; 9- .5 ~j' (- 400/ Phone # (night): }<dr!::-:S l-He- 3;<"'0 g ufficiency: r::11# l~ ! Agenna 32 -{ lL-11 _ I Data L:!.I.Y..~ Date 315-0<0 Rec'd ~.(. A pq'l 16B6 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 ORIGINAL DOCUMENTS CHECKLIST & ROU~<aB7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS S 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 Otlice only after the Board has taken action on thc 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 exceotion of the Chainnan's signature, draw a line through routing lines #1 through #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. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the 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 Phone Number Contact -~''102..c11 Agenda Date Item was Agenda Item Number \(j.' f?(1 A roved b the BCC Type of Document tf ~. b' Number of Original if Attached {e.{yl'1ln ,>li-> ""Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages trom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages trom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain time trame or the BCC's actions are nullified. Be ware of our deadlines! 6. The document was approved by the BCC on I :;> (enter date) and all changes made during the meeting have been incorpora ed in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable, I: Fonns/ County Fonns/ BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 1687 .-:! J MEMORANDUM Date: March 16, 2006 To: Pamela Lulich Alt. Trans. Mode From: Ann J ennej ohn, Deputy Clerk Minutes & Records Department Re: Resolution 2006-51: A Landscaping Installatioon and Maintenance Agreement with FDOT for improvements along Immokalee Road and Wiggin's Pass Please find four (4) Original Resolutions and four (4) Original Agreements of the above referenced documents (Agenda Item # 16B7) which was approved by the Board of County Commissioners on Tuesday, March 14,2006. Please forward the Agreement to the appropriate parties and return the fully executed document to the Minutes and Records Department. If you should have any questions regarding these documents, please call 774-8406. Thank you. Enclosures (4) 16B7 RESOLUTION NO. 2006- 51 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN TO SIGN, A HIGHWAY LANDSCAPING INST ALLA nON AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORT A nON (FDOT), FOR LANDSCAPE DEVELOPMENT IMPROVEMENTS WITHIN THE UNPAVED AREAS WITHIN THE RIGHT-OF-WAY OF US 41N FROM WIGGINS PASS ROAD TO IMMOKALEE ROAD. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County with respect to approximately 1.519-centerline mile along State Road 45/US 41 North (Tamiami Trail); Section 03010 from Mile Post 1.522 (from Wiggins Pass Road) to Mile Post 3.041 (lmmokalee Road), in which following FDOT written approval of a Landscape Development Plan, Collier County would install and then maintain landscape development improvements in the amount of $619,682 for the initial improvements; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners approves the Agreement; authorizes its Chainnan, Frank Halas, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this Resolution to the FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same, this _ day of ,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA ~J ~.J).l. By: ~..?--~./' FRANK HALAS, Chainnan 'Attest . s ,JINtIn oal ~ .. .. ~ r;Jf7?7/: S~ienCY ott Teach Assistant County Attorney Item # 'iD.B 7 Agenda.g -I 'f-(Jip Date ~~~d E-Ib~ ( . -----_._^-",.~,.--,- 1687 ,f "It" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT TillS AGREEMENT, made and entered into this _ day of , 20 -' by and between the STATE OF FLORIDA DEPARTMENT OFTRANSPORTATION,hereinafter referred to as the "DEPARTMENT", and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the "AGENCY". WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 45/ US 41 (Tamiami Trail) as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape development improvements within the unpaved areas within the right-of-way of State Road 45/US 41 (Tamiami Trail); Section 03010 from Mile Post 1.522 (Wiggins Pass Road) to Mile Post 3.041 (Immokalee Road), hereinafter referred to as the "PROJECT"; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolutiop dated ,a copy of which is attached hereto and made a part hereof, has authorized its I c:.h a..i r-"" tln ....10 enter into this Agreement on behalf of the AGENCY; NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: (a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on , to the following utilities/municipalities: FPL. Collier County Public Water & Wastewater. Sprint. Comeast. Time Warner. City of Naples. AT&T. Owest Communications. Peoples Gas and Collier County Traffic Operations. (b) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specifically excluded from this Agreement in accordance with Section 479.11, Florida Statutes. " -,.- -'~.'--"-~"-'""- ,...~_.. 1687 2. The AGENCY hereby agrees to install the landscape improvements in accordance with the Landscape Development Plan included as Exhibit "A", attached hereto and by this reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-001-e), as they may be amended from time to time. 3. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit "B", attached hereto and by this reference made a part hereof. 4. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable value of said work. (b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the right-of-way to its original condition and charge the AGENCY the reasonable value for such work. 5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall indemnify, defend, save and hold hannless, the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or employees. 6. The AGENCY covenants to keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY's self insurance program. 7. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEPARTMENT may, at its option, proceed as follows: ^~._.,>,,-_.,"'--,"''",..- ..'~ . ",~~^<,,~-,...- 1687 ;( >;" (a) Maintain the landscape improvements within the limits of said project with DEPARTMENT's contractor or personnel and charge the AGENCY for the reasonable value of said work; OR (b) Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the right-of-way to its original condition, and charge the AGENCY for the reasonable value of such work. 8. The tenn of this Agreement commences upon execution by both parties. 9. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 11. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. COLLffiRCOUNTY BOARD OF STATE OF FLORIDA COUNTYCO~R DEPARTMENT OF TRANSPORTATION BY:~~ ~/ BY: TIlLE: District Secretary AITE~ i-'il~(' AITEST: (SEAL) TIlLE~ or Executive Secretary Att. t &I to C....,.... . App_~ 1ltJ\lfimd legal sufficiency: Legal Review: ~*pj~L- District Legal Counsel Scott Teach Assistant County Attorney GJplanninglfdotlmoalsr4Smoapph4-collier-2-21-% . doc __ u,~, ~..--_.. ^_"fl -~_.._,.- 16CJ RESOLUTION NO. 2006 - 52 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 63351 81207 This Resolution adopted this Jt.j+h day of fI}()./"Lh . second and majority vote , 2006, after motion, ATTEST: , DWIGHT E, BROCK, CLERK -" '. b8~ ()~AA;~".....",',:~9/M..' .o.C, Attest'.1 '.,' 'I' , , " ' I s 1 gnat.".. Oft 1- Approved as to form and lea cy: ~ C 1:' David C. igel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO A BY: FR NK HALAS, CHA R *** 3803400 OR: 4000 PG: 2225 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK ' REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 1 ,<' 6 Cl .... *** 3803401 OR: 4000 PG: 2226 *** RECORDBD in OFFICIAL RBCORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLBRK RBC FBE 10.00 COPIBS 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Property Folio No. 56403000004 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR ElT 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pride, Eva Mae POBox 2202 Immokalee, FL 339340000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and No Cents ($102.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE BLK 4 LOT 5 Folio No. Project No. Account No. 56403000004 60000 63351 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this Jt.f~ day of [Y)o.r(h ,2006. .'('".1'\,(:' ATTEST: . " .. ,~ " DWIGHT E':,'BROCK, CI:ERK b~r~~,;~,D.G. A~rt ~tijrisdflf~rm and a' . ien~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL A By: FR *** 3803402 OR: 4000 PG: 2227 *** RBCORDED in OFFICIAL RECORDS of COLLIBR COUNTY FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLBRK ' REC FEE 10.00 COPIES 1.00 16Cl This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 Property Folio No. 62641960000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Corner, Vernon C=& Doris W 637 95th Ave. N Naples, FL 339630000 The Lien was recorded on the 19th day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 3 BLK 32 LOT 16 OR 1083 PG 1138 Folio No. Project No. Account No. 62641960000 60000 81207 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this Ji..fH'"' day of (YJov-J, ,2006. ATTEST: , _ DWIGJ,jT'E.~ BRock, CLERK ~ ; i" . Appro~~~~f> ,~ and legal" ' 'ciency ~ RESOLUTION NO. 2006 - 53 16C2 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended. the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: ...r-- ~'--~ Account No. 40400 106302 This Resolution adopted this /LJfh day of mOrel, second and majority vote. ,2006, after motion, ATTEST:.- DWIGHTfi:. ~ROCK, CLERK b~'- .1Aw... ~~.G. , ~ttest, as 0' Ch&' , s iOJlotur. onl., Approved as to form and leg~:~ ~avid C. We . ( County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~....... FRANK HALAS, CHAIRMAN *** 3803403 OR: 4000 PG: 2228 *** RECORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BIT 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 *** 3803404 OR: 4000 PG: 2229 *** RECORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEB 10.00 COPIES 1.00 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR EXT 7240 16C? Property Folio No. 35753040007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Belyea, Donald F Gerald S Belyea 2001 43rd Ter SW Naples, FL 339990000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100,74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 29 LOT 10 OR 1929 PG 661 Folio No. PROJECT NO. Account No. 35753040007 61000 40400 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this JI.j#> day of fYJo..rJ. 2006.' . fATTEST:.: , :DWIGIcfT-E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL A b=s~~.ac-, By and Ie al iciency ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774- 8400 *** 3803405 OR: 4000 PG: 2230 *** RBCORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 1bC2 Property Folio No. 61833400803 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ullrich, Carl F 1500 Terrace Ave Naples, FL 339420000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred One Dollars and Forty Eight Cents ($201.48) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: N G + T C L F NO 2-25025 COM AT INT N LI LOT 27 NG & TCLF & W R/W LI SHADOWLAWN DR, S 197.32FT, S 89DEG W 31.95FT TO POB, S 89DEG W 50.10FT, N 47FT Folio No. PROJECT NO. Account No. 61833400803 61000 106302 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this J'-I#.dayof f10J"c.h 2006. BOARD OF COUNTY COMMISSIONERS COLLIER C~~DA By: ~ e'________ FRANK HALAS, CHAIRMAN RESOLUTION NO. 2006- 54 16C3 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 8219 21173 23414 27818 This Resolution adopted this 1'-I.J4, day of fY1W'~ second and majority vote. , 2006, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~' ~.t}~.Q'G, Att.st . uto", trau s ApprcfJaB:4*H~~ Rfr-M and' le~Y:..~ W David C. W 19(' D County Attorney BY: .~~/ FRANK HALAS, CHAIRMAN *** 3803406 OR: 4000 PG: 2231 *** RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR BIT 1240 *** 3803407 OR: 4000 PG: 2232 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK RBC FEE 10.00 COPIES 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Retn: CLERK TO THE BOARD INTBROFFICE 4TH FLOOR EXT 7240 Property Folio No. 35753040007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Belyea, Donald F Gerald S Belyea 2001 43rd Ter SW Naples, FL 339990000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 29 LOT 10 OR 1929 PG 661 Folio No. Project No. Account No. 35753040007 63000 8219 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ay of fYlo.rc.h ,2006. ATTEST: , BOARD OF COUNTY COMMISSIONERS DWIGHT E:: BROCK, CL"ERK COLLIER COUNTY, F DA .(.. By: '.~' Attest It . FRANK HALAS, CHAIRM N Ap~UNt~. and legal sl:Jfficiency ~~ pA t^' avid C. . el County Attorney 16C3 *** 3803408 OR: 4000 PG: 2233 *** RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 1240 Property Folio No. 61833400803 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ullrich, Carl F 1500 Terrace Ave Naples, FL 339420000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred One Dollars and Forty Eight Cents ($201.48) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: N G + T C L F NO 2-2 50 25 COM AT INT N LI LOT 27 NG&TCLF & W R/W LI SHADOWLAWN DR, S 197.32FT, S 89DEG W 31.95FT TO POB, S 89DEG W 50.10FT, N 47FT Folio No. Project No. Account No. 61833400803 63000 21173 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this lifl'dayof fY7o.rcJ. ,2006, A trESt: BOARD OF COUNTY COMMISSIONERS ,. DWIGHT E: BRO,CK:' CLERK COLLIER COUNTY, F A U:3"~~,~~ (). ( ,By FRA~K HALAS, CHA ~ Appr.~tl..., and legal sufficiency ~~ County Attorney 16 C-:J , This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803409 OR: 4000 PG: 2234 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16C Property Folio No. 62641960000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Corner, Vernon C=& Doris W 637 95th Ave N Naples, FL 339630000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 3 BLK 32 LOT 16 OR 1083 PG 1138 Folio No. Project No. Account No. 62641960000 63000 23414 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this J.!:t'day of iYJOorJ.. ,2006. c, ATT,EST:, ~ , DWIGHT:E. "BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F DA c. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803410 OR: 4000 PG: 2235 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTBROFFICE 4TH FLOOR EXT 7240 16C7) Property Folio No. 70921534054 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Manzano, Arturo S=& Mary T 615 6th Ave Cir Immokalee, FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROCKY PINES ESTATES UNIT 2 BLK BLOT 7 OR 1572 PG 1969 Folio No. Project No. Account No. 70921534054 63000 27818 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this NH.day of fYlov-J.. , 2006. ATTEST: ,; DWI$HT E'. BROCK; CLERK '- BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~ By: c.:~;:-_.-. ~~____ FRANK HALAS, CHAIRMA 16C~ RESOLUTION NO. 2006-~ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 1850, 4255, 6716, 17860, 20129. 20394, 22004, 26288, 28024, 28040 This Resolution adopted this It/#-" day of (Y)o..rJ-, second and majority vote. , 2006, after motion, ATTEST: DWIGHT E.BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~.$l~~~~~' ,signature onl' Approved as to form and legal sufficiency: '~~ v ~ ~ 6avid C. elgel Cou nty Attorney BY: ~<--~~ -/' FRANK HALAS, CHAIRMAN *** 380~411 OR: 4000 PG: 2236 *** RECORDED In OFFICIAL RECORDS of COLLIER COUNTY FL 03/17/2006 at 11:10AM DWIGHT E, BROCK, CLERK ' REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 1240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803412 OR: 4000 PG: 2237 *** RBCORDBD in OPFICIAL RECORDS of COLLIER COUNTY, PL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC PEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 1240 1, ? r N. ~) lJ l.} Property Folio No: 36125120004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Henson, William G=& Linda L 1930 49th St SW Naples, FL 3339990000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Eight Dollars And Twenty Eight Cents ($78.28), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 4 BLK 139 LOT 9 OR 1650 PG 1193 Folio No. Project No. Account No. 36125120004 64001 1850 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this J lJ-#' day of J'Y}()./'c.h , 2006. ATTEST:. DWIGHT E, BROCK; CLERK fJ .C. t BOARD OF COUNTY COMMISSIONERS COLLlE~ COUN~~ By ,.~ ~ FRANK HALAS, CHAI RMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803413 OR: 4000 PG: 2238 *** RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK ' REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 1240 16C4 Property Folio No: 24538160003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hoffman, Karen F 65_8th St Bonita Springs, FL 339230000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BONITA SHORES UNIT 2 BLK 20 LOTS 34 + 35 OR 1825 PG 1185 Folio No. Project No. Account No. 24538160003 64000 4255 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this /4H. day of Mwch , 2006. ATTEST: 'J ' DWIGHT E. BROCK, CLERK :Dj,;fhjlJ~.D.C. . Attest.-. ' 'r'IIIII , t1gnaturf onl. Approved as to form a e su' iency ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL A By -;::-- FRANK HALAS, CHAI wJJavid C. Wei 11- County Attorney *** 3803414 OR: 4000 PG: 2239 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AH DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 Property Folio No: 35753040007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Belyea, Donald F Gerald S Belyea 2001 43rd Ter SW Naples, FL 339990000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 2 BLK 29 LOT 10 OR 1929 PG 661 Folio No. Project No. Account No. 35753040007 64000 6716 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ILl#' day of MOJ-J, ,2006. ATTES,T: , BOARD OF COUNTY COMMISSIONERS , DWIGHT E.~Rod!{, CLERK COLLIER COUNTY, FL b :,' .0.(. By . . Attest'" 1nIIA , FRANK HALAS, CHAI t i Qnaturf on lit Approved as to form an fficien~ .w 0'>0; i, 4 lJ -=r This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803415 OR: 4000 PG: 2240 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/11/2006 at 11:10AK DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16C,4 Property Folio No: 56403000004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pride, Eva Mae POBox 2202 Immokalee, FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars And Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE BLK 4 LOT 5 Folio No. Project No. Account No. 56403000004 64000 17860 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this JL{J+, day of {Y}a.rc.h , 2006. '.; . .:;<~ ATTEST:'" ';,;:.., , .DWIGHT E. ffFiQCK, CLERK . ,- . ~, IS: ...~ ~~. ().C ,"AtteS1.:.j" ~Cha , . s tgnat~oril ~ Apprdved. as to form ~r ~ vid eigel ~. County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY~A By ~~~ e_____ FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803416 OR: 4000 PG: 2241 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY FL 03/17/2006 at 11:10AK DWIGHT E. BROCK, CLERK I REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16CL Property Folio No: 61833400803 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ullrich, Carl F 1500 Terrace Ave Naples, FL 339420000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Eight Dollars And Seventy Four Cents ($208.74), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: N G + T C L F NO 2-2 50 25 COM AT I NT N LI LOT 27 NG& TCLF & W R/W LI SHADOWLAWN DR, S 197.32FT, S 89DEG W 31.95FT TO POB, S 89 DEG W 50.10FT, N 47FT Folio No. Project No. Accou nt No. 61833400803 64000 20129 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this )L/#. day of fY/o.rch , 2006. , ,r~ ATTEST: DWIG.HT ~. BR08K, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUN~A BY~~/ FRANK HALAS, CHAI M Ol_ . This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiamj Trail Naples, Florida 34112 (239) 774-8400 *** 3803417 OR: 4000 PG: 2242 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AK DWIGHT E. BROCK, CLERK REC PBE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 1 b CL\~ Property Folio No: 62043640009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Guerra, Noel=& Norma 5310 Holland St Naples, FL 339620000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR UNIT 1 BLK 7 LOT 7 OR 1700 PG 401 Folio No. Project No. Account No. 62043640009 64000 20394 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this /4H? day of fYJO/'J-, , 2006. ATTEST:'~~~ DWIGHTE. BRd~, CLERK . . ~ ~, ~-. .~A~g~~~ Ap~~~~~Lg~m and e ffiCi~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO By FRANK HALAS, CHAI This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803418 OR: 4000 PG: 2243 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLBRK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 -." f,"';:" \ ~~) lJ-~* .i. Property Folio No: 62641960000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Corner, Vernon C=& Doris W 637 95th Ave N Naples, FL 339630000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 3 BLK 32 LOT 16 OR 1083 PG 1138 Folio No. Project No. Account No. 62641960000 64000 22004 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this JLI#' day of fY]ar~ , 2006. ATTEST: i " DWIGHT E. BROCK, CLERK Ou.,j~ ~' ~-D.t ~t~st .s. to " 11~ " . 11tn.t.... Oft ' Approved as to form and Ie fficiency ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUN~A By '?~ ~./ FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803419 OR: 4000 PG: 2244 *** RECORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 1240 16 eLl Property Folio No: 70921534054 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Manzano, Arturo S=& Mary T 615 6th Ave Cir Immokalee, FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars And Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROCKY PINES ESTATES UNIT 2 BLK BLOT 7 OR 1572 PG 1969 Folio No. Project No. Account No. 70921534054 64000 26288 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this J!.J#a day of MarJ.. ,2006. " ATTEST:, DWIGHT E. BROOK, CLERK ~> b', " . -"-',, '(,',~ .. .lJ. ^ (. '. . '," \JL,L "'- . t~t..to'l~. > 'S fonat,ure' OClh Approvedas'to form and Ie' a iCien~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL A By FRANK HALAS, CHAI This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803420 OR: 4000 PG: 2245 *** RECORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AM DWIGHT B. BROCK, CLERK RBC FBE 10.00 COPIES 1.00 Retn: CLERK TO THB BOARD INTBROFFICE 4TH FLOOR EXT 7240 l' {, (\ I. " Property Folio No: 78570280007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rodriguez Jr, Raymond=& Lilia 302 S 9th St-18 Immokalee, FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Thirteen Dollars And Forty Four Cents ($213.44), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UTOPIA HOMES UNIT 1 LOT 7 OR 1815 PG 625 Folio No. Project No. Account No. 78570280007 64000 28024 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this I'I-Ih day of fYJo.rc.h , 2006. ATTEST' BOARD OF COUNTY COMMISSIONERS ..DWI~H'(,'E. I3ROCK,.CLERK COLLIER COUN~DA ~~~~.O.L'BY ~~~L " .' t as to' t, FRANK HALAS, CHAIRMAN ~$efb~ 00 lt~ form and Ie iCienc~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803421 OR: 4000 PG: 2246 *** RBCORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/11/2006 at 11:10AH DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 ",,,, r i~~ ~ -} \.,~ 'l' Property Folio No: 78570360008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Rodriguez Jr, Raymond=& Lilia 302 S 9th St -18 I mmokalee, FL 339340000 The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Thirteen Dollars And Forty Four Cents ($213.44), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UTOPIA HOMES UNIT 1 LOT 9 OR 1815 PG 623 Folio No. Project No. Account No. 78570360008 64000 28040 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this 11./+11 day of fYJo.rJ. , 2006. ATTEST: DWIGHT E. BROQ;K, CLERK b.=;:; ~..~l~.(j.(. .ttestuiChl1 , '1Onlture Oftl,(, Approved as to form and lega fficie~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY ~ By ,~ --- -,,~e /' FRANK HALAS, CHAIRMAN 16C5 ",-' RESOLUTION NO. 2006- 56 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 3382 19101 20941 21319 22596 26097 27818 28011 This Resolution adopted this I~ day of fY7fArJ, second and majority vote. , 2006, after motion, , ATTEST: DWIGHT E. BROCK, CLERK " ' " bj' ~.~~.<l-t' ,Attest a to >; ,..... ~ i oMture on 111I Approved as to form and ~y:~ f'-Davi . W rg; County Attorney BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA ~~ BY:' ~~ FRANK HALAS, CHAIRMAN *** 3803422 OR: 4000 PG: 2247 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK ' REC FBE 10,00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803423 OR: 4000 PG: 2248 *** RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR BIT 7240 6 - ~"" 1 t; ~ Property Folio No. 00767480002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Deleon, Carlos 15062 Oak Tree Dr Naples, FL 341148903 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 20 51 27 BEG NW CNR SEC 20, S404.84FT, E 452.56FT TO POB, S 135FT, W 60FT, N 135FT, E 60FT, TO POB .19 AC OR 1247 PG OR 1247 PG 351 Folio No. Project No. Account No. 00767480002 65000 3382 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Sa~isfaction of Lien, by action of the Board this N+1.dayof fY1arrJ.. ,2006. -J ... . .(;J ATTEST: _ DWIG'HT E:I3ROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F DA l. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803424 OR: 4000 PG: 2249 *** RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY/ FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR EXT 1240 16C;~ Property Folio No. 56403000004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pride, Eva Mae % Susan R Taylor Attorney At Law 302 High St Holyoke, MA 010406517 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE BlK 4 lOT 5 Folio No. Project No. Account No. 56403000004 65000 19101 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~day of fl1G"'J;.., ,2006. , ATTEST:;.' DWIGHT E. BROCK, CLERK b~~~ot. , "test'." "CM I Jt",,~~form and legal sufficiency ~~r~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL A By: FRANK HALAS, CHA This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiamj Trail Naples, Florida 34112 (239) 774-8400 *** 3803425 OR: 4000 PG: 2250 *** RBCORDED in OPFICIAL RBCORDS of COLLIBR COUNTY, FL 03/17/2006 at 11:10AH DWIGHT E. BROCK, CLBRK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROPFICE 4TH FLOOR EXT 7240 16" ',", "','''' L ~) Property Folio No. 60830960004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Baxter Jr, Wm J Laurence R Legault 5 SW Ave Narragansett RI 028820000 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MYRTLE TERRACE BlK BLOT 12 + E 25FT OF lOT 13 OR 1031 PG 1991 Folio No. Project No. Account No. 60830960004 65000 20941 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this J!:t:.. day of P1o.rdn , 2006. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUN~A ~~ By:. ~ --' FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803426 OR: 4000 PG: 2251 *** RECORDED in OFFICIAL RBCORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR EXT 1240 16C~ Property Folio No. 61833400803 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ullrich, Carl F 1500 Terrace Ave Naples, FL 341040000 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Five Dollars and Seventy Eight Cents ($205.78), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: N G + T C L F NO 2-25025 COM AT INT N LI LOT 27 NG&TCLF & W RIW LI SHADOWLAWN DR, S 197 .32FT, S 89DEG W 31.95FT TO POB, S 89DEG W 50.10FT, N 47FT Folio No. Project No. Account No. 61833400803 65000 21319 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this J4-H.dayof fYltArJ... , 2006. ATTEST: , _DWIGHT E. BROCK,CLERK ~t ~~~'JUl' A~~\i~q , a~~ulffc!i~ncy /I ~~ ~David C. W 'gel Cou nty Attorney BOARD OF COUNTY COMMISSIONERS :~LLlE~Y~ ~ FRANK HALAS, CHAIRM~ *** 3803427 OR: 4000 PG: 2252 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/11/2006 at 11:10AK DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 7240 Property Folio No. 62260840006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Smith, Jeffrey R=& Ann E 5325 Jennings St Naples, FL 341137817 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR lAKES BlK 11 lOT 30 OR 823 PG 1917 Folio No. Project No. Account No. 62260840006 65000 22596 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this II.{rl.dayof PlfJ./"ch , 2006. '1,..,), ATTEST: DWIGHT' E. BROCK, CLERK b .O~ ':::;'1" '1- Sw;.l'.",'., t.....'. Apprn " " ' , ' and Ie ,a 'SU IClency"" ' . i, ~ J/~~ 1) b vid C. W Igel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO By: FRANK HALAS, CHAI 1 ~,r~"l" " ;, \) , f~ ,':~ .f.J This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803428 OR: 4000 PG: 2253 *** RECORDED in OFFICIAL RBCORDS of COLLIER COUNTY FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK ' REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16C, V" . L"""", Property Folio No. 66882040002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ayala, Jose V 609 Madison Ave W Immokalee, FL 341423039 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINECREST BlK CLOT 13 OR 1067 PG 378 Folio No. Project No. Account No. 66882040002 65000 26097 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~day of fYJr;.,..rt.. ,2006. ATTEST: , , . DWIGHT Eo BRO-CK, ,GkERK ',..,,' . "~,.~~\. . E:; L. l). (. ~=~:;l~. and legal suffiCiency ~ ~~ 1r avid C. W gel' County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COU~IDA ~:~ By: ~....,/ FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiamj Trail Naples, Florida 34112 (239) 774-8400 *** 3803429 OR: 4000 PG: 2254 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16C: Property Folio No. 70921534054 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Manzano, Arturo S=& Mary T 615 6th Avenue Cir Immokalee, FL 341422698 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROCKY PINES ESTATES UNIT 2 BLK BLOT 7 OR 1572 PG 1969 Folio No. Project No. Account No. 70921534054 65000 27818 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~day of fY}fArJ.. ,2006. A IT ES,T: ~ " , ' DWIGHT E B~OC~, CLERK , '. lLu..u' BOARD OF COUNTY COMMISSIONERS COLLIER CO~~A By: ~ e_____ FRANK HALAS, CHAIRMAN ..... ~tt.SJe8~' 1 :;;W~U IC.~: ~ ~Df3i~ County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803430 OR: 4000 PG: 2255 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 \0 ~-:):t~. "'=' ~~~/l Property Folio No. 71830200009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Vasquez, Delia Acosta 3164 Areca Ave Naples, FL 339620000 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SABAl SHORES OF BlK F lOT 5 OR 1695 PG 854 Folio No. Project No. Account No. 71830200009 65000 28011 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction ,of Lien, by action of the Board this ~ day of fYl/ArJ... , 2006. ATTEST: DWIGHT E. BROCK, CLERK .(. .... BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~~ FRANK HALAS, ~ ~ 16C6 RESOLUTION NO. 2006- 57 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 932 2710 3492 6716 19020 21005 27407 28532 30740 32382 33051 This Resolution adopted after this I~ day of IYJO,rrh , 2006 after motion, second and majority vote. o. c... BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~~ FRANK HALAS, H N A TTESJ::". . ,_ DWIGHT E. BROCK, CLERK s *** 3803431 OR: 4000 PG: 2256 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK ' REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803432 OR: 4000 PG: 2257 *** RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, PL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIBS 1.00 Retn: CLERK TO THB BOARD INTEROFFICE 4TH FLOOR EXT 7240 ~ /J ("~ 1, i, ~H~ Property Folio No. 00090680003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Sanchez Jr, Adam=& April S PO Box 86 I mmokalee, FL 341430086 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 324630 COMM AT CM MARKING SW CNR N1/2 OF NW1/4 OF SW1/4 OF NW1/4, THENCE E 563FT, N 502.54FT TO POB, N 502.54FT, E 431.50FT, S 506.04FT, W Folio No. Project No. Account No. 00090680003 66000 932 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this N#lr:Jayof fY)c..re)., , 2006. ATTEST: . DWIGHT E BROCK, CLERK b~~Mh Z ~\9.l', .ll-r, , Attest a to ,.... s APrsr:_aiti tidP,w(Tl and legal ,sufficiency ~Jt:2~// County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~~ BY:'~ ~~ FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiamj Trail Naples, Florida 34112 (239) 774-8400 *** 3803433 OR: 4000 PG: 2258 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK ' REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 1240 16C6 Property Folio No. 00396960003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hoolihan, Dan=& Dawn 5050 Benfield Rd Naples, FL 341141223 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 1 5026 COMM S1/4 CNR OF SEC, N 1325FT, W 658FT TO POB, W 658FT, N 331.25FT, E 658FT, S 331.25FT TO POB 5 AC OR 1763 PG 286 Folio No. Project No. Account No. 00396960003 66000 2710 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this J!t!:.. day of IYJwJ-.. , 2006. BOARD OF COUNTY COMMISSIONERS COLLlE~.COUN~DA By: "".?--2- ~ --' FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803434 OR: 4000 PG: 2259 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10,00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 ,pi', ',/', : ~ "'> 'J)' 'l) Property Folio No. 00767480002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Deleon, Carlos 15062 Oak Tree Dr Naples, FL 341148903 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 20 51 27 BEG NW CNR SEC 20, S 404.84FT, E 452.56FT TO POB, S 135FT, W 60FT, N 135FT, E 60FT TO POB .19 AC OR 1247 PG Folio No. Project No. Account No. 00767480002 66000 3492 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this J!:t!:. day of fYJo.,.J, , 2006. :- ''c. 'T:(," t. ATTEST: DWIGHT E, BROCK, CLERK ~"~ ~l).(. , Attest I , Appr(j'f~," bIIQ" and legalsu "ciency BOARD OF COUNTY COMMISSIONERS COLLIER COUN~ By: ..,~ ~~ FRANK HALAS, CHAIRMAN ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the Cou nty Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803435 OR: 4000 PG: 2260 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AK DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICB 4TH FLOOR BIT 1240 16C Property Folio No. 30731640000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gallegos ET AL, Gembiel G 1305 S Tangerine St Immokalee, FL 341420000 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seven Hundred Forty Six Dollars and Twenty Seven Cents ($746.27) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: EDEN PARK 1 ST ADD BLK 10 LOTS 1 + 2 Folio No. Project No. Account No. 30731640000 66000 6716 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this I~day of Morth ,2006. BOARD OF COUN~SIONERS COLLlER~Y, I . .~ By:" ~~ FRANK HALAS, CHAIRMAN *** 3803436 OR: 4000 PG: 2261 *** RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY FL 03/17/2006 at 11:10AK DWIGHT E. BROCK, CLERK ' REC FEE 10,00 COPIES 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the Cou nty Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 72 40 Property Folio No. 49530720002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Gallucci, Gary A=& Patricia M 390 N Chester Rd West Chester, CT 193806676 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: HENDERSON CREEK PK BLK F LOT 12 OR 1484 PG 783 Folio No. Project No. Account No. 49530720002 66000 19020 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .i!:t!'day of fYlarch ,2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, F A lbti.) This instrument prepared by: Robert Zachary Assistant County Attorney Office of the Cou nty Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803437 OR: 4000 PG: 2262 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK ' REC FEB 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 7240 1 6' C i,:.." . ;.~-~ V Property Folio No. 56403000004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Pride, Eva Mae % Susan R Taylor Attorney At Law 320 High St Holyoke, MA 010406517 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE BLK 4 LOT 5 Folio No. Project No. Account No. 56403000004 66000 21005 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ..i!i!!:day of mN-rJ, , 2006. :\ I , ATTEST:, , DWIGHT E. BROCK~CLERK . ........ , ' b~~~.0(. ana !gal sufficiency ~~ / ~ vld C. W Igel U County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUN~A By: .~~...?~ .-/ FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803438 OR: 4000 PG: 2263 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 16C6 Property Folio No. 63866720008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Velasco, Carmen 340 Alachua St Immokalee, FL 341423503 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEWMARKET SUBD BLK 53 LOTS 45 AND 46 Folio No. Project No. Account No. 63866720008 66000 27407 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this J.!L-H>(jay of fY)tvd, , 2006. AtT~ST~ OWI'GH'r E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLlE~~,~.~T~A BY:~-~~':::~ ~ ~~ / FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803439 OR: 4000 PG: 2264 *** RBCORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 A"'(" \1 1 ii .\ ,~) <;...;} Property Folio No. 6682040002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Ayala, Jose V 609 Madison Ave W Immokalee, FL 341423039 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINECREST BLK CLOT 13 OR 1067 PG 378 Folio No. Project No. Account No. 66882040002 66000 28532 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~day of /'10J>rJ.... ,2006. ATTEST: DWI(jHT E. BRQCK, CLERK 9j" fuw. ~~J' (}l . ,AtU$t . 'to <<trIIU I PPi<t~f{a\8HQ)fQ and legal sufficiency ~E:J~ b County Attorney BOARD OF COUNTY COMMISSIONERS COLLI~~~ By: ~~ ___ FRANK HALAS, CHAIRMAN *** 3803440 OR: 4000 PG: 2265 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/11/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 Property Folio No. 71830200009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Vasquez, Delia Acosta 3164 Areca Ave Naples, FL 339620000 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SABAL SHORES OF BLK F LOT 5 OR 1695 PG 854 Folio No. Project No. Account No. 71830200009 66000 30740 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this Ilf#'dayof f1r;.rcJ-, , 2006. .' ATTEST: DWIGPiT E.BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~A By: ~~- ~~ .-/ FRANK HALAS, CHAIRMAN 16C:( This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803441 OR: 4000 PG: 2266 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:10AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 7240 1// <<", ii' I. V ~" ,...",..1' Property Folio No. 80221280001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Andiorio, Kenneth J 1610 Nottingham Dr Naples, FL 341091684 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: VICTORIA PARK WEST LOT 119 Folio No. Project No. Account No. 80221280001 66000 32382 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~day of /Y)r;v.--h ,2006. ATTEST: DWIGHT ,E. BROCK, CLERK b~', ~~ ~~ ~{. 'pprq\fijR~6~ ~ a~ffiCiehC~ tr;. vid C. e~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER ~O~~ By: ~ .",.~ ../' FRANK HALAS, CHAIRMAN -,_.~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 *** 3803477 OR: 4000 PG: 2449 *** RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/17/2006 at 11:36AM DWIGHT E. BROCK, CLERK REC FEE 10.00 COPIES 1.00 Retn: CLBRK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 1240 16Cb Property Folio No. 82535480003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Holmer, Dawn M 205 Johnnycake Dr Naples, FL 341101346 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: WILLOUGHBY ACRES LOT 141 Folio No. Project No. Account No. 82535480003 66000 33051 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this /0 day of fYJar-J.. , 2006. " . .", ,,' ,; ., ATTEST: DWIGHT E. BR.OCK, CLERK ,~~j:~~ ~L. and~~~~~~~y rr;.~~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUN~A By: ,~- ~./' FRANK HALAS, CHAIRMAN 16C7 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 ORIGINAL DOCUMENTS CHECKLIST & ROUTI2f>If) 1 ", TO ACCOl\1PANY ALL ORIGINAL DOCU1\1ENTS SEN THE BOARD OF COUNTY COMl\1ISSIONERS 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.!!fE!: 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 througlJ 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 INFORl\1A TION (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 contlct staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Phone Number Contact '( ~~d- -A l.., Agenda Date Item was Agenda Item Number A roved by the BCC Type of Document Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark uN/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) l. 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 V 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 '5v Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chainpan'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. ~V 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 51! 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain .. time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. 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 5V Co un Attome 's Office has reviewed the chan es, if a Iicable. I: Forms/ County Fonnsl Bee FormsI Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2.24,05 AGREEMENT FOR SALE AND PURCHASE 1601 THIS AGREEMENT is made and entered into by and between MARK C. GOEBEL AND NANNETTE B. GOEBEL, husband and wife as Tenants by the Entirety, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: lot 40, Naples Bayview Addition No.1, according to the map or plat thereof as recorded in Plat Book 4, Page 20, Public Records of Collier County, Florida. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property. II. PA YMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Two Hundred Fifty Thousand and no/100 Dollars ($250,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser but not later than March 17, 2006, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required _."-...",~.. - -"'-".~-,. -,_.~~- ,. 16D1 by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, " Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form 8 Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL T A Commitment for an Owner's Title Insurance Policy (AL T A Form 8-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may ---".._---,-..~ - <--,- terminate the Agreement. A failure by Purchaser to give such wr;Jn ~tQ J termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD DELETED. VI. INSPECTION PERIOD 6.01 Purchaser shall have thirty (30) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2005 taxes, and shall be paid by Seller. - '_...,~-_.._.._,_., . --.--. ..-'" --~ -~_. made against Seller as a result of Purchaser's entry. 16D1 Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2005 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon $1,000.00 shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. ,..... -,.~...~ 11._ At Closing, certified copies of such approvais shaH be delivered t!u~hge7 and/or Seller, if necessary. 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental ------,~.-. . . investigations or requirements, formal or informal, existing or~e~JJ 1 threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. -......-.~,,_...., -""'-~-------~-- XII. NOTICES 16D1 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Estate Services c/o Sharman Veger Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Fax: (239) 774-8876 Phone: (239) 774-8991 With a copy to: Ellen Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Mark & Nannette Goebel 493 E. Illinois Rd. Lake Forest, I L 60045 Fax: (847) 574-5832 Phone: (847) 615-9614 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. .....-,,'.--., ~,~. " ....- -..-----.," 14.04 Captions and section headings contained in this Agreemel.6/J 1 convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project! Acquisition Approved by Item # \lo D 1 BCC: ~~ - IY- L~~ Agenda~~ Date AS TO PURCHASER: Date 3~0 Rec'd DATED: ~ -''--\ - CJ ~ ATTEST: BOARD OF COUNTY COMM DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA b :~ ,0.( , BY; ",::::,,? ~...... ., At"st I to uty Clerk Frank Halas, Chairman It.... .I.,~ s ~-'~'-'-"" --,,- --- 1601 AS TO SELLER: DATED: J -~4-0{r lJ L 1#- BY: (Signature) atrina Furth (Printed Name) ~ ~<~~ (Signature) Celeste Skinner (Printed Name) (S,ignature) BY: Qftt~~ ~6c/ Na nette B. Goebel . na Furth (Printed Name) ~ t~...:rLJ ~... <<c... (Signature) Celeste Skinner (Printed Name) Approved as to form and legal sufficiency: k!;~ "Ellen Chadwell Assistant County Attorney .,,~--..._~-_._-""--,......- -.-- - 16D2 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 16D3 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 16El DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 16E2 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 ORIGINAL DOCUMENTS CHECKLIST & ROUTlbrb TO ACCOlVWANY ALL ORIGINAL DOCUlVIENTS SEN T , THE BOARD OF COUNTY COM:MISSIONERS OFFICE FOR Print on pink paper. Attach to original document Original documeo.ts should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only ~ the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chainnan's si ture, draw a line throu routin lines # 1 throu #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Initials Date (List in routin 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 Bec approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is o.eeded in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing informatioo., All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only atier the BCC has acted to approve the item,) Name of Primary Staff /)}IC)),t} (~C '-L\ 0 C<...-i j, ~i5-- Phone Number -:-. 7 (I .3, Contact 25 Agenda Date Item was ? /<1 ()Co Agenda Item Number /&, C :'~ Approved by the BCC \~ Type of Document IE. Q.,,"'J <..) <4_ L (///.) ~ Number of Original d2- Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from Y\.ol??:r contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's r~ ~ Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chainpan' 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. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ,-' si nature and initials are re uired. t/ 5. In most cases (some contracts are an exception), the original document and this routing slip shoul~ be provided to Sue Filson in the BCC office within 24 hours of BCC approval. "l// / r_____ Some "documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 0. I 'f. 00 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a licable. I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2,24.05 16E3 MEMORANDUM Date: March 20, 2006 To: Michael Dowling, Property Management Specialist Real Estate Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2006-58: Approving a Lease Agreement with Senator Mel Martinez for office space within the W. Harmon Turner Building Enclosed please find one (1 ) copy of Resolution 2006-58 and an original Lease Agreement, as referenced above (Agenda Item #16E3), as approved by the Board of County Commissioners on Tuesday, March 14,2006. Please forward to the appropriate party for signature and return the fullv executed orif!inallease af!reement to the Minutes and Records Department. If you should have any questions, please call me at 774-8406. Thank you. Enclosure . -"".'"'~--~---'-""'-~'-"-~-'"~"""-' 16E3 RESOLUTION No. 2006 - 58 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND UNITED STATES SENATOR MEL MARTINEZ FOR USE OF OFFICE SPACE WITHIN A COUNTY. OWNED BUILDING. WHEREAS, United States Senator Mel Martinez ("Senator") desires to lease an office space within a building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), located within the Administration Building located at 3301 East Tamiami Trail, Naples, Florida. WHEREAS, the Lease Agreement provides for a two (2) year term, with an annual rent of $4,248.00 for each year. WHEREAS, the Board of County Commissioners is satisfied that this property may be used for the Senator and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Senator Mel Martinez. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this / i L"day o(JK- CLA--- (' t~ , 2006 after motion, second and majority vote. ~ ATTEST: DWIGHT E. BROCK,Cl'erk BOARD OF COUNTY COMMISSIONERS - COLUER COUN~A .~ BY;A6t~~C . BY: ,~ ~./ FRANK HALAS, Chairman .t~, 011,,, -- ltem# ~ ~:da 3 -It.{~ Date 3 -dO -o(P Rec'd t)Lr -..---, . ----. 16E3 '~ 1 i UNITED STATES SENATE ~i' HOME STATE OFFICE Ii, LEASE AGREEMENT I WASHINGTON, D.C. 20510 THIS HOME STATE OFFICE LEASE AGREEMENT made on this day as evidenced by the signatures below, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as the "Lessor," and the Honorable Mel Martinez, United States Senator, in his official capacity hereinafter referred to as "Lessee" and in accordance with and subject to the statutory requirements set forth in 2 U, S. C. 59 relating to home state office space for the United States Senate, it is hereby agreed as follows: 1. The Lessor shall furnish the Lessee office space, hereinafter referred to as the "leased premises," described more particularly as Suite 223,3301 East Tamiami Trail, Naples, Florida 34112 as set forth on Exhibit "A" which is attached hereto containing a total 250 usable square feet. Said space may consist of a large open area or may be partitioned into rooms including private corridors, closets, offices, and conference rooms. Square footage of the space shall be calculated by measuring from the inside finish of the exterior wall (or face of the convector if the convector occupies at least fifty (50) percent of the length of the exterior wall) to the Lessee's side of the corridor wall and to the Lessee's side of the partitions separating the space being measured from the space occupied by contiguous Tenants in the building and shall not include "joint use space" such as common cafeterias, conference rooms, snack bars, janitorial, mechanical or circulation areas as defined in 41 CFR 101-17.003-13. 2. The Lessee shall have and hold the leased premises with quiet enjoyment, for a term of nine months commencing on April 1, 2006 and terminating on January 2,2008 unless otherwise extended under the terms herein. Except as set forth below, the term of this lease shall not exceed six years, and shall in no case, extend beyond the term of office which the Lessee is serving on the first day of this Lease. Should the Lessee be re-elected to his/her Senate seat after the expiration of his/her term of office which he/ she was serving upon the execution of this Agreement, the Lessee may holdover in the leased premises until such time as a new Agreement has been executed. Any month to month holdover may be terminated by either party by providing thirty (30) days advance written notice to the other party. 3. The Lessee and/or Sergeant at Arms shall have the right to terminate this lease without penalty upon the Senator's death, resignation or expulsion from the Senate. This right shall be exercised by providing sixty (60) days advance written notice to the Lessor of the Lessee or Sergeant at Arm's intention to terminate this lease. Notwithstanding the foregoing, this Lease shall terminate immediately upon the Lessee's loss of his/her Senate seat. -- .. .... 16l:) 4. The Lessee shall be obligated to pay rent to the Lessor in the amount of $354.00 per month (an annual rate of $16.99 per usable square foot.) Said monthly rental payment shall be paid in arrears on or about the last day of each month, the fIrst payment due on April 30, 2006. Said payment, which shall not be adjusted for operating expenses, taxes, landlord costs or otherwise, is contingent upon the Lessor's submission, at the beginning of each month, of a proper invoice to the Sergeant at Arms of the United States Senate. Said invoice shall be in a form which is approved by the Sergeant at Arms. Upon the direction of the Lessee and the Sergeant at Arms, the Secretary of the Senate will remit to the Lessor, the sum due on the proper invoice at the end of each month. Any payment made to the Lessor by the Secretary of the Senate for any period after this lease agreement has expired or has otherwise been terminated shall be refunded by the Lessor to the Secretary of the Senate without formal demand. Payments for any fraction of a month shall be prorated on a thirty (30) day basis. Any month to month holdover tenancy, if applicable, shall be at the same base rent as in effect at the expiration of this Agreement. After the execution of the lease, the Lessor shall be contacted by the Secretary of the Senate to determine the preferred method of payment of rent. Payment of rent during any transition period shall me made payable to the order of Property Management Specialist and shall be mailed to the following address: Real Estate Services Administration Building, 4th Floor 3301 East Tamiami Trail, Naples, Florida 34112 5. The Lessor shall provide and pay for the costs of all utilities, including but not limited to, water, electricity, ventilation, heat and air conditioning. Lessor shall provide and pay for the installation of cable television and provide monthly cable service in one location within the premises, including CNN, C-SPAN I and C-SPAN II. 6. The Lessor shall provide and pay for the cost of janitorial services to the leased premises which shall include, (1) on a daily basis, vacuuming, dusting, trash removal including recycling, cleaning of all washrooms and, (2) on a annual basis, carpet and window cleaning. Lessor shall also provide and pay the cost of all lighting ballasts, incandescent and fluorescent light bulbs, washroom supplies and all cleaning products. 7. The Lessor shall provide and pay for adequate parking for Lessee and staff in accordance with Lessee's needs to include one reserved parking space. Neither the Lessee nor his staff shall be required to provide a security deposit or pay for any parking passes or other identification device for parking facilities. Cost of the parking is included in the monthly rent amount set forth in paragraph four above. 8. The Lessor shall provide and pay for security in accordance with Lessee's needs, including adequate lighting in parking areas. Lessor hereby provides authorization for the Lessee to provide and install the security enhancements to the demised premises listed on Exhibit B which is attached hereto and incorporated herein by this reference, at Lessee's sole cost and expense. Lessee shall not be required to return the demised premises to their original condition upon the termination of this lease. ,,-. .__._..".._-~._."<~""._"-,,. ,....._....w,"", ........ f"" iii. ~...,m___"+'" 161:; The current duress alarm and monitoring shall continue to be provided by the Lessor until such time that the Sergeant at Arms will provide the security enhancements mentioned herein. Upon the installation of the new Sergeant at Arms enhancements, the Lessor shall provide and pay for the removal of the old security system. 9. The Lessor shall provide and pay for all regular maintenance and necessary repair, including snow removal, to the building, grounds, parking facility and the leased premises without limitation including all improvements to said space. Lessor shall provide and pay the cost of supplies for such repair and maintenance.. 10. The Lessor shall provide and pay for a suitable building standard sign which designates the Senator's office in accordance with Lessee's specifications. Lessor, at Lessee's request, shall include the Lessee's name in all building directories throughout the building at no cost to the Lessee. Changes to such directory shall be at no additional cost to the Lessee. 11. The annual rent set forth in paragraph four shall include all applicable Federal, State and local taxes and duties. The annual rent shall include keys for the leased premises including any needed replacement keys as well as electronic security system passes if the building has such electronic security measures. 12. Capital improvements to the leased space shall be made only upon written application to and/ or written approval of the Lessor. Any improvement, physical modification or other alteration so requested or required after initial occupancy shall be at Lessor's expense, which may be recouped in the monthly rent subject to and upon prior approval of the Sergeant at Arms. All improvements shall be made in good workmanlike manner, and in accordance with all state and local building codes and in accordance with the American with Disabilities Act of 1990. 13. Notwithstanding any other provision in this lease or any amendment, modification or addition hereto, the maximum annual rate that may be paid to the Lessor for rental of the leased premises, fees associated with physical modifications, capital improvements, operating costs, or any other fee, rent adjustment or otherwise, shall at no time exceed the highest rate per square foot charged Federal agencies on the first day of the lease of such office by the Administrator of General Services, based upon a 100 percent building quality rating, for office space located in the place in which the Senator's office is located multiplied by the number of square feet contained in that office used by the Senator and his employees to perform their duties. 14. The building, grounds, parking accommodations and the leased premises (hereinafter referred to as the "facility") shall be readily accessible to and usable by individuals with disabilities in conformance with the Uniform Federal Accessibility Standards (USAD-appendix A to 41 CFR part 101.19.6) or the American with Disabilities Act Accessibility Guidelines for Building and Facilities (ADAAG-appendix A to 28 CFR part 36). If such facility is an historic property, such facility shall comply to the maximum feasible extent possible provided that the same will not threaten or destroy the historic significance of the facility. -~--,_..- - "'~.". _"'__"_,'sRh'''''' -.....,--"" 16E3 15. The Lessee enters into this lease on behalf of the United States Senate. However, neither the Senate nor its Officers assume any liability for the performance of the agreement. Payments approved by the Sergeant at Arms and disbursed by the Secretary of the Senate of amounts due the Lessor by the Lessee under the terms of this lease are made solely on behalf of the Senator in the Senator's official and representational capacity. The Lessor agrees to look solely to the Lessee for default of payment or otherwise, and such Senator, in his official capacity, assumes all liability for performance of this lease agreement. Lessor shall provide Lessee and the Senate Sergeant at Arms written notification of any default made by Lessee under the terms of this agreement. Prior to the Lessor taking any action against Lessee for default, Lessee shall have thirty (30) days to cure any default after receipt of written notification from Lessor; however, if such default cannot be cured within such period, Lessee shall have such reasonable period of time as needed to cure such default. Lessee shall not be subject to surcharges, charges, attorney's fees, interest, penalties or similar fees arising from Lessee's default or otherwise. 16. The Lessor and Lessee acknowledge that the United States Senate, as a self-insured entity of the United States Government, is subject to the Federal Tort Claims Act, Chapter 171 of Title 28, United States Code, under which recovery may be sought through the Senate Sergeant at Arms for any injury or loss arising under this lease due to the negligent or wrongful act or omission of Lessee or any of Lessee's employees acting within an official scope and capacity. 17. Notice under this agreement shall be delivered to the Lessor at Real Estate Services Administration Building, 4th Floor, 3301 East Tamiami Trail, Naples, Florida 34112 and notice to the Lessee shall be delivered to the Lessee at the leased premises and the Office of the Sergeant at Arms of the United States Senate, Room S-151, United States Capitol, Washington, D. C. 20510. The parties agree that they shall provide a copy of this agreement to the Sergeant at Arms. 18. The Lessor certifies and warrants that the Lessor has no conflict of interest, direct or indirect, financial or otherwise, which would be applicable to the performance of the obligations covered by this agreement. If an allegation of a conflict of interest is brought to the attention of the United States Senate, the Lessor agrees to fully cooperate with any investigation of the allegation(s), and will disclose to the United States Senate any other contract(s) to which the Lessor is a party, public or private, or which the Lessor undertakes during the period of this contract (including contracts entered into during the period of this contract which include duties to be fulfilled after the termination of this contract.) 19. This lease constitutes the entire agreement between the parties and each party hereto agrees and acknowledges that there are no other agreements, understandings or obligations except as those set forth herein. Any amendments, additions or modifications to this lease agreement which are inconsistent with the paragraphs set forth herein shall have no force and effect to the extent of such inconsistency unless modified by mutual written agreement by the parties and approved by the Senate Sergeant at Arms. 20. Time is of the essence with respect to each and every provision of this lease including delivery of the leased premises. All covenants, conditions and provisions of this lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. -,~_._._, .... - __'"''_'~o"''"'~''' ~ ....~..~- r"llRt-., ?<__._k'__'"" 16E3 21. Lessor shall provide and pay for the cost of all labor, material, permits, drawings, measurements and/ or any other costs related to the required construction and tenant improvements as detailed on the floor plan which is attached hereto and made a part hereof. Construction shall include, but not be limited to, construction of certain walls, new carpet and paint, installation of electrical outlets, cable TV outlets, and overhead lighting in accordance with all local and state building codes and the Americans with Disabilities Act of 1990. Upon Lessee's approval of the Lessor's layout, plans, and drawings, Lessee shall not be permitted to make any change to those documents that would incur additional cost to the Lessor. AS TO THE LESSEE: DATED: BY: SENATOR MEL MARTINEZ AS TO THE LESSOR: DA TED:ft(L-Lz_'- ./ ;/ <.o.l<.' ,,\ k' A TrEST: BOARD OF COUN1Y COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY'~ , b~ .~ D.l" BY: ~<-- ~.-' ""It II .. .' . . I=lerk FRANK HALAS, Chairman .f~_l.. . Approved as to form a d gal sufficiency for LESSOR: Thomas . Palmer, Assistant County Attorney "_.~ _. ''''''''_._N''_ ,.._~~------'.. (;~.. >< fJ, z> " I ' /1 , I 0 , I , I / 0 li ..[3 / 'Ita . S I~ ~ : ~ . w "1) C t>'\,{ i_L cC_ p r <2 rv-' -:~.: ...) 2 BUILDING . r - _.~- : " \I . CIlIUDCtJl11f'I"T,_ ~___A FLOOR PLAN . 'J.t:IlJ'I'alI JUlUIlIlDN'r il6Nlff'1IaJtf' ______ A .. :.~ -I::" Ql -... --......... ""... lMQ ~ -.. .. -- ~-^"....~ ,-~_.,,~ .-"...,--;- ,,,,_.e-,_..__-.e 16Fl DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 ORIGINAL DOCUMENTS CHECKLIST & ROUTING S!P6 F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 2 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 TOuting 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 TOuting lines # I through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exception of the Chainnan's signature, draw a line throue.h routing lines #1 throue.h #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine. order) l. Sue Filson, Executive Manager Board of County Commissioners 2. Minutes and Records Clerk of Court's Office TIME SENSITIVE: GRANT PLEASE CALL ARTIE BAY, APPLICATIONS DUE TO STATE EMS 774-8459 WHEN BY MARCH 31. DOCUMENTS ARE READY THANK YOU PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who createdlprepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BeC Chainnan's signature are to be delivered to the BCC office only after the Bce has acted to approve the item.) Name of Primary Staff Phone Number Contact ARTIE BAY, EMS 774-8459 Agenda Date ltem was Agenda ltem Number Approved by the BCC March 14,2006 16F2 Type of Document Number of Original Attached GRANT APPLlCA nON Documents Attached I ORIGINAL INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not a ro riate. (Initial) A licable) L Original document has been signed/initialed for legal sufficiency. (All documents to be ~ signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) 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 nature 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be a r of our deadlines! 6. The document was approved by the BCC on 3 (enter date) and all changes made during the meeting have been incorpora ed . the attached document. The Count Attorne 's Office has reviewed the chan es, jf a licable. ~ l: Forms/ County Forms/ BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 16F2 ~ l MEMORANDUM Date: March 14,2006 To: Artie Bay EMS, Operations Analyst From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Grant Application for the 2006 "Power Cots Program" Enclosed please find the original Grant Application as referenced above, (Agenda Item #16F2), approved by the Board of County Commissioners on Tuesday, March 14,2006. If you have any questions, please call me at 774-8406. Thank you. Enclosure -,-~ ~."---'-- 16 F2 1 :'.c,EI 'OUII" "l \ , ~O'I!"'U!Nl CINl!1 ~ -' Emergency Medical Services Matching Grant Application Power Cots Program 2006 "_"M."~,,"_"^,_ ...... ._._~~._- --~-"~- 16F2 Collier County Emergency Medical Services Department Emergency Medical Services State Matching Grant Application State Matchin2 Grant for Power Cots Application Attachments: 1. Grant Application 2. Attachment A: Stryker Price Proposal 3. Attachment B: "Illness and Injury in Emergency Responders," Mer2ine!, December 2004 7. Attachment C: Collier County Demographic Characteristic: 2000, US Census Bureau, Table DP-l - ---^---.-..- ~~,_. ...... -.... -- 16F2 EMS MATCHING GRANT ApPLlCA TION ROmDADEPARTMENTOFHEALTH Bureau of Emergency Medical Services Complete all items unless instructed differently within the application T e of Grant Re uested: CRural [f:j Matchin 10. Code The State Bureau of EMS will assi n the 10 Code - leave this blank 1, Oraanization Name: Collier County Board of County Commissioners 2, Grant Siqner: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Frank Halas Position Title: Chairman Address: 3301 E. Tamiami Trail City: Naoles Countv: Collier State: Florida Zio Code: 34112 Teleohone: 239-774-8459 F ax Number: 239-775-4454 E-Mail Address: jeffpage@colliergov.net 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same,) Name: Jeff Page Position Title: Chief, Emeraencv Medical Services Address: 2705 So. Horseshoe Drive City: Naples County: Collier State: Florida Zip Code: 34104 Telephone: 239-774-8459 Fax Number: 239-775-4454 E-mail Address: jeffpage@colliergov.net DH Form 1767, Rev. June 2002 3 --. "'-"~._" ...m-.,'~'_,~~,,> 16F2 4. Legal Status of Applicant Oraanization (Check onlv one response): (1) [J Private Not for Profit [Attach documentation-501 (3) @] (2) 0 Private For Profit (3) [J City/MunicipalityfTownNillage (4) m County (5) 0 State (6) D Other (specify): 5, Federal Tax ID Number (Nine Digit Number). VF 2.2.2..2..2.2~~! 6. EMS License Number: 002.~\;)7 Type: ~Transport lONon-transport QBoth 7, Number of permitted vehicles by type: _ BLS E-ALS Transport _ALS non-transport, 8. Type of Service (check one): r::!Rescue IJFire ~Third Service (County or City Government, nonfire) OIAir ambulance: IaFixed wing DRotowing QBoth Cather (specify) 9. Medical Director of licensed EMS provider: If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuing EMS education in this project. [No signature is needed if medical equipment and professional EM education are . project.] ""'" z../2-" lOb Signature: Date: /. , PrintlType: Name of Director Robert B. Tober, MD FACEP FL Med. Lic. No, MEOOO30891 Note: All organizations that are not licensed EMS providers must obtain the signature of the medical director of the licensed EMS provider responsible for EMS services in their area of operation for projects that involve medical e ui ment and/or continuin EMS education. !fyour activity is a research or evaluation project, omit Items 10,11,12,13, and skip to Item Number 14. Otherwise roceed to Item 10 and the followin items. 10. Justification Summary: Provide on no more than three one sided, double spaced pages a summary addressing this project, covering each topic listed below. A) Problem description (Provide a narrative of the problem or need); B) Present situation (Describe how the situation is being handled now); C) The proposed solution (Present your proposed solution); D) Consequences if not funded (Explain what will happen if this project is not funded); E) The geographic area to be addressed (Provide a narrative description of the geographic area); F) The proposed time frames (Provide a list of the time frame(s) for completing this project); G) Data Sources (Provide a complete description of data source(s) you cite); H) Statement attesting that the proposal is not a duplication of a previous effort (State that this project doesn't duplicate what you've done on other grant projects under this grant program). DH Form 1767, Rev. 2002 4 .'....~"---_._"...._~ .~.. -~'--, _'.'._m_._.._.,,,.~.__'_A..~.~___.. 16F2 10) Justification Summary Problem Description Collier County Emergency Medical Services has been facing mounting workers compensation costs over the past two years. It is the goal of Collier County EMS to reduce the number of injuries to our personnel, as well as the cost of workers compensation. In 2004, there were 34 incidents totaling $43,726 in workers compensation claims. In 2005, there were 27 incidents totaling $79,208 in workers compensation claims. Approximately one-third of these claims were due to injuries stemming from lifting patients. These types of injuries are usually the most costly, due to loss of time, overtime to fill vacancies and workers compensation claims, medical treatment and rehabilitation. According to a December 2004 article entitled "Illness and Injury in Emergency Responders," published by Merginet, "Among the 21,700 EMS workers treated. . . slightly more than 39 percent were injured while lifting, holding, carrying objects or people, or from overexertion or repetitive motion. As stated in an article entitled "From Provider to Patient: Injured in the Line of Duty," published by EMS Magazine (August 2005), ". . . EMS providers are generally at greater risk for certain types of injuries _ back injuries prominent among them." Also mentioned, "Lifting caused more than 62% of such back injuries, and the injuries were recurrent in 31 % of personnel." Present Situation The research results outlined in these articles indicate that these injuries are an industry-wide problem. Collier County has instituted several practices in an attempt to curb these injuries, including a revamp of New Hire Safety Orientation for EMS where participants spend four hours reviewing body mechanics and other range of motion techniques to complete job tasks where injuries have plagued EMS in the past. According to Risk management, most back strains arise from stretcher operations. The Collier County Risk Management Department staff worked with the stretcher vendor to identify common areas of misuse; prepared a videotaped presentation and used the video as part of awareness level training. Even with these efforts, EMS is still experiencing losses due to strains and sprains related to stretcher InJunes. ~'_.<...,.'---',_", _If '''f ~.~~"._~'^_.....,,,~" '..~ '~'ll " ---------. _ ~w"..,., __~.__ -"-.,,. 16F2 '1 It is this type of research as well as the number and cost of workers compensation claims that compelled Collier County EMS to look at power cots. Additionally, the number of injuries at Collier County EMS have not only been costly financially, but have seriously and adversely affected the lives of the personnel who have been injured. Proposed Solution Acquire the needed funds to provide power cots that can effectively reduce the lifting factor by up to 250-300 pounds per EMS crewmember/per call.. Rather than manually lifting the stretcher, with patient, all that is required is the touch of a button to raise and lower the stretcher. These power cots are also ergonomically superior to the manual stretchers. The change from manual to power stretchers will dramatically reduce the amount of lifting involved in patient transport, thus alleviating much of the strain due to lifting and also eliminating other stretcher-related injuries, such as pinched fingers and even worse, dropped patients. This will result in reduced injuries to personnel and patients as well as the costs associated with these injuries. The overall savings realized by the reduction of injuries will effectively offset the initial cost of these power cots. Consequences if Not Funded If this project is not funded, we will continue to be unable to obtain funding through our annual budget process. Personnel will continue to be injured, resulting in the high cost of workers compensation, overtime and medical expenses. Patient safety will continue to be at risk. Collier County will continue to identify innovative ways to reduce injuries, but the replacement of power stretchers for the manual stretchers would be offer enormous headway in reducing these types of injuries. Geog:raphic Area Collier County encompasses 2,025 square miles with a permanent population of 251 ,000 (based on the 2000 census). Nearly 20,000 workers increase the population each day. This area includes urban, rural and remote locations. The miles of beaches, three airports and numerous marinas attract a multitude of visitors each day, swelling the population level during peak season. --.-- --~~ . -_._"-_....._",.'--,--~-"-...~"' .. --'~^ 16F2 Time Frames Receive State Award Purchase and Acquire 31 Power Cots 90 days Train and Distribute 90 days Project will be completed within one year. Data Sources Workers Compensation Statistics - Collier County Risk Management Department Stryker Price Proposal (Attachment A) "Illness and Injury in Emergency Responders," Merginet, December 2004 (Attachment B) "From Provider to Patient: Injured in the Line of Duty," EMS Magazine. August 2005 County Demographic Characteristic: 2000, US Census Bureau, Table DP-l (Attachment C) Attestin2 Statement No other applications have been submitted for State grant funding for this equipment. ,-,-~,-,,- ^ ._~~-~ , ~.,.'~ -.... .,..,..-..- ,~--- - ,._~ 16F2 Next, only complete one of the following: Items 11, 12, or 13. Read all three and then select and com lete the one that ertains the most to the recedin Justification Summa 11, Outcome For Proiects That Provide or Effect Direct Services To Emeraency Victims: This may include vehicles, medical and rescue equipment, communications, navigation, dispatch, and all other things that impact upon on-site treatment, rescue, and benefit of emergency victims at the emergency scene, Use no more than two additional one sided, double-spaced pages for your response. Include the following, A) Quantify what the situation has been in the most recent 12 months for which you have data (include the dates). The strongest data will include numbers of deaths and injuries during this time, B) In the 12 months after this project's resources are on-line, estimate what the numbers you provided under the preceding U(A)" should become. C) Justify and explain how you derived the numbers in (A) and (B), above. D) What other outcome of this project do you expect? Be quantitative and explain the derivation of your figures. E) How does this integrate into your agency's five year plan? 12, Outcome For Trainina Proiects: This includes training of all types for the public, first responders, law enforcement personnel, EMS and other healthcare staff. Use no more than two additional one sided, double-spaced pages for your response. Include the following: A) How many people received the training this project proposes in the most recent 12 month time period for which you have data (include the dates). B) How many people do you estimate will successfully complete this training in the 12 months after training begins? C) If this training is designed to have an impact on injuries, deaths, or other emergency victim data, provide the impact data for the 12 months before the training and project what the data should be in the 12 months after the training. D) Explain the derivation of all figures. E) How does this integrate into your agency's five year plan? 13. Outcome For Other Proiects: This includes quality assurance, management, administrative, and other. Provide numeric data in your responses, if possible, that bear directly upon the project and emergency victim deaths, injuries, and/or other data. Use no more than two additional one sided, double- spaced pages for your response, Include the following, A) What has the situation been in the most recent 12 months for which you have data (include the dates)? B) What will the situation be in the 12 months after the project services are on-line? C) Explain the derivation of all numbers, D) How does this integrate into your agency's five year plan? DH Form 1767, Rev. 2002 5 ",.,,- ~-_.- .-,,",. ,"_.0._,;> .-. 16F2 11) Outcome For Proiects That Provide or Effect Direct Services To Emereencv Victims: The department currently maintains a total of thirty-one (31) ALS transport ambulances. Twenty- one of these units are staffed and equipped in accordance with the Advanced Life Support guidelines required by State EMS statutory regulations and operational 2417. The other ten vehicles are available for backup for peak demand and equipment breakdowns. These alternate ten units are also equipped in accordance with the Advanced Life Support guidelines required by State EMS statutory regulations. Each unit is equipped with a manual stretcher. During the period October I, 2004 - September 30, 2005, Collier County EMS responded to approximately 40,000 incidents. Of these, approximately 23,000 resulted in transports to local area hospitals. The acquisition of the thirty-two power cots will aid in the safe and efficient movement of patients, while protecting EMS personnel from injuries frequently incurred in this process. During fiscal year 2005 (October I, 2004 - September 30, 2005), Collier County's Risk Department reported a total of 27 workers compensation incidents, 8 of which were related to moving/carrying patients. Typically, these types of injuries are usually the most costly, due to loss of time, overtime to fill vacancies and workers compensation claims, medical treatment and rehabilitation. While this was a reduction in the 13 of the 34 incidents in 2004, the average lost workdays grew from an average of 4 per incident in 2004 to 4.6 per incident in 2005, and restricted workdays increased from an average of 7.4 per incident in 2004 to 32.8 in 2005. The current rates for lifting injuries provided by the County Risk Management Department for workers camp injuries should see a minimum of 25-50% improvement in strain injuries associated with stretcher usage. In addition, the utilization of power cots by firefighters from the various districts in Collier County, who often assist in stretcher operations, will also experience a reduction in stretcher related injuries. The Collier County EMS Department continues its efforts to improve the safety of its work place by closely participating with the County's Risk Management Department Safety Review Board. One of the main goals of this group is to reduce the risk for injury for the County's Paramedics and Firefighters "".-..-,..",.'-- . .~-;.,. ..... .,,-~. 16F2 during normal and disaster type situations. In addition, safety is a key element of our five-year business plan, which states, "Efforts will be placed on personnel and equipment safety. . ." The replacement of manual stretchers with power cots will assist in satisfying the goal of improving the safety and injury rate for EMS personnel involved in the movement of patients in routine and disaster situations. .".,--.- - ,_."",,"-> 16F2 y Skip Item 14 and go to Item 15, unless your project is research and evaluation and you have not completed the precedin Justification Summa and one outcome item. 14, Research and Evaluation Justification Summary. and Outcome: You may use no more than three additional one sided, double spaced pages for this item. A) Justify the need for this project as it relates to EMS. B) Identify (1) location and (2) population to which this research pertains. C) Among population identified in 14(B) above, specify a past time frame. and provide the number of deaths, injuries, or other adverse conditions during this time that you estimate the practical application of this research will reduce (or positive effect that it will increase), D) (1) Provide the expected numeric change when the anticipated findings of this project are placed into practical use, (2) Explain the basis for your estimates. E) State your hypothesis. F) Provide the method and design for this project. G) Attach any questionnaires or involved documents that will be used. H) If human or other living subjects are involved in this research, provide documentation that you will comply with all applicable federal and state laws regarding research subjects. I) Describe how you will collect and analyze the data. 15. Statutory Considerations and Criteria: The following are based on s. 401.113(2)(b) and 401.117, F.S. Use no more than one additional double spaced page to complete this item, Write N/A for those things in this section that do not pertain to this project. Respond to all others, Justify that this project will: A) Serve the requirements of the population upon which it will impact. B) Enable emergency vehicles and their staff to conform to state standards established by law or rule of the department. C) Enable the vehicles of your organization to contain at least the minimum equipment and supplies as required by law. rule or regulation of the department. D) Enable the vehicles of your organization to have, at a minimum, a direct communications linkup with the operating base and hospital designated as the primary receiving facility. E) Enable your organization to improve or expand the provision of: 1) EMS services on a county, multi county, or area wide basis. 2) Single EMS provider or coordinated methods of delivering services. 3) Coordination of all EMS communication links, with police, fire, emergency vehicles, and other related services, DH Form 1767, Rev. 2002 6 "---"-',,", -"._,._~_.-.-...,,-~-_. -. -'~'--'~' _.~- --.,-"- 16F2 15) Statutory Consideration and Criteria A. Serve the requirements of the population upon which it will impact. The acquisition of these power cots will aid in the timely, safe and efficient movement and transport of patients/victims during routine and disaster situations. B. Enable emergency vehicles and their staff to conform to state standards established by law or rule of the department. Subsection 401.25 (2)(b), Florida Statutes, reads: "The ambulances, equipment, vehicles, personnel, communications systems, staffmg patterns, and services of the applicant meet the requirements of this part, including the appropriate rules for wither a basic life support service or an advanced life support service, whichever is applicable." C. Enable the vehicles of your organization to contain at least the minimum equipment and supplies as required by law, rule or regulation of the department. See reply to paragraph B, immediately above. D. Enable the vehicles of your organization to have, at a minimum, a direct communications linkup with the operating base and hospital designated as the primary receiving facility. N/A E. Enable your organization to improve or expand the provision of: 1. EMS services on a county, multi county, or area wide basis. MODs with fire districts, mutual aid agreements with surrounding counties and statewide disaster response plan. 2. Single EMS provider or coordinated methods of delivering services. Will increase productivity and enhance unit availability. 3. Coordination of all EMS communication links, with police, fire, emergency vehicles, and other related services. N/A ~._- - -".".._._~. 16F2 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let Work Activity Number of Months After Grant Starts Beain End Receive State Funding Purchase/Acquire 31 Model 6500 Power-Pro Ambulance Cots 30 days 90 days Train and Distribute 90 days 180 days 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. All funds allocated under the EMS county grant program have already been targeted for other critical projects. DH Form 1767, Rev. 2002 7 ,--~_..~ ,--..- 16F2 18. Budaet: Salaries and Benefits: For each Costs Justification: Provide a brief justification position title, provide the amount why each of the positions and the numbers of salary per hour, FICA per hour, of hours are necessary for this project. fringe benefits, and the total number of hours. N/A TOTAL: Expenses: These are travel costs Costs: List the price Justification: Justify why each of the and the usual, ordinary, and and source(s) of the expense items and quantities are incidental expenditures by an price identified. necessary to this project. agency, such as, commodities and supplies of a consumable nature, excludina expenditures classified as operating capital outlay (see next cateao-ry), N/A TOTAL: $ DH Form 1767, Rev. 2002 8 <-~" ---,~" "~"..._..,.,,.~ w 16F2 Vehicles, equipment, and other Costs: List the price Justification: State why each of the items operating capital outlay means of the item and the and quantities listed is a necessary equipment, fixtures, and other source(s) used to component of this project tangible personal property of a identify the price. non consumable and non expendable nature, and the normal expected life of which is 1 year or more, Model 6500 Power-Pro Ambulance Cot $8,760.00 (Mfgr. quote) Grant would provide 1 cot per ALS transport unit. 3-stage IV Pole 206.40 (Mfgr. quote) Foot End Oxygen Bottle Holder 110.40 (Mfgr. quote) Base Storage Net 116.00 (Mfgr. quote) Head End Flat Storage Pouch 83.20 (Mfgr. quote) Equipment Hook 33.60 (Mfgr. quote) Pocketed Backrest Pouch 154.40 (Mfgr. quote) Sub-Total $9,464.00 X 31 Units TOTAL: $ ?~1 ~RA. nn State Amount (Check applicable program) ~ Matching: 75 Percent $ 220,038.00 Ia Rural: 90 Percent $ Local Match Amount (Check applicable program) IEJ Matching: 25 Percent $ 73,346.00 ID Rural: 10 Percent $ Grand Total $ 293,384.00 DH Form 1767, Rev. 2002 9 -""-* ___~'"-___"'_"_"_'~""___~'___141" .._--,~- ..~.._- 16F2 ~ 19. Certification: My signature below certifies the following. I am aware that any omissions, falsifications, misstatements, or misrepresentations in this application may disqualify me for this grant and, if funded, may be grounds for termination at a later date. I understand that any information I give may be investigated as allowed by law. I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I agree that any and all information submitted in this application will become a public document pursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes material which the applicant might consider to be confidential or a trade secret. Any claim of confidentiality is waived by the applicant upon submission of this application pursuant to Section 119.07,F.S., effective after opening by the Florida Bureau of EMS. I accept that in the best interests of the State, the Florida Bureau of EMS reserves the right to reject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. I, the undersigned, understand and accept that the Notice of Matching Grant Awards will be advertised in the Florida Administrative Weekly, and that 21 days after this advertisement is published I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. I certify that the cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities identified in the notification letter. No funds count towards satisfying this grant if the funds were also used to satisfy a matching requirement of another state grant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in Ithis application shall be committed and used for the activities approved as a part of this grant. IAcceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the above and also accept the attached grant terms and conditions and acknowledge this by signing below. ~~~O'./ 03 / }L( /;2006 Signature of Authorized Grant Signer MM / DO I YY (Individual Identified in Item 2) DH Form 1767, Rev. June 2002 A... .J..iiMa"" i'''~J~ -...... " n ."'~. _" '~IItIIu~~.~~) ,tem#\(Qf"2 .o.{ . \~ Agend~-l L\ -0 to Date I' to Ch41naan . Date S -\ \{- 0 "" sionatur. on} If Rec'd 10 ---.----". " -,-~.... "'_.~.~ 16F2 FLORIDA DEPARTMENT OF HEAL TH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of pre-hospital EMS. DOH Remit Payment To: Name of Agency: Collier County Board of County Commissioners Mailing Address: 3301 E. Tamiami Trail Naples, FL 34112 Federal Identification Number Authorized Agency Official: Frank Halas, Chairman Type Name and Title I. .... GLIAl Sign and return this page with your application to: (. Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-1738 Grant Amount For State To Pay: $ Grant ID Code: Approved By: Signature of EMS Grant Officer Date State Fiscal Year: - Organization Code E.O. OCA Obiect Code 64- 25-60-00-000 N - N2000 7 Federal Tax ID: VF --------- Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 AJi~..iIII$ ~,\> ;(:W'<;~ ,~ ':t;...." r . -r' " 4J~~ ~~. A..;.#1t;;'"i~,': ,:", \ . I 11 .-......,.. -,-,...~_..._. . '. --- ~'.-_._- "-. _.~_..w 16F2 , Attachment A Stryker EMS Price Proposal EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services March 2006 -- -"".....,,,-"....._..... ~~,"' " 16F~ Sales Proposal strYke ~ EMS Equipment Quotation Date: 02/21/06 Quote Number: Q013805 SHIP TO ADDRESS: Jamie Witham Collier County EMS Territory Manager 3301 East Tamiami Trail, Bldg H 3800 E Centre Ave Naples, FL 34112 Portage, MI 49002 t: 239-530-6285 (800)669-4968 Ext 8879 Voicemail f: 239-775-4454 (407)386-3341 Fax Email: bavartie@collieroov.net iam ie .witham@strvker.corr List Price Unit Price Ext Sell 31 ea Model 6500 Power-Pro Ambulance Cot(sl $ 10,950.00 $ 8,760.00 $ 271,560.00 Standard Features Include: Single adjustable wheel lock (Now Standard/) 700-lb weight capacity Stryker's dual-speed power-lift systerr Integrated power and usage meter Integrated foot-end pull handle Positive action manual back-up system Single-hand capable, telescoping head section Backrest-mounted monitor hook User-adjustable load height presets X-frame guards Oversized wheels with sealed caster wheel bearings High visibility powder-coated frame Safety Hook Bolster Mattress Patient restraint package and in-service video 2-year parts/labor/travel warranty on entire cot (1 year on all soft goods - mattress, restraints, and pouches 3 years partsllabor/travel warranty on X-frame and limited powertrain components; all welds are warranted for life of the co Selected ODtions and Accessories 31 6500-215-000 3-stage IV Pole (patient right) $ 258.00 $ 206.40 $ 6,398.40 31 6070-140-000 Foot End Oxygen Bottle Holder $ 138.00 $ 110.40 $ 3,422.40 31 6500-160-000 Base Storage Net $ 145.00 $ 116.00 $ 3,596.00 31 6500-128-000 Head End Flat Storage Pouch $ 104.00 $ 83.20 $ 2,579.20 31 6500-147-000 Equipment Hook $ 42.00 $ 33.60 $ 1,041.60 31 6500-130-000 Pocketed Backrest Pouch $ 193.00 $ 154.40 $ 4,786.40 $ 11,830.00 $ 9,464.00 $ 293,384.00 Proposal Total (Including Freight):1 $ 293,384.00 I Pricing is valid through 09/30/06 TO PLACE AN ORDER. PLEASE FAX YOUR PURCHASE ORDER TO: Stryker - EMS Equipment, Attn: Jamie Witham Office: 1028 Buckbean Br Ln W, Jacksonville, FL 32259 Phone: 904-287-0824; Fax: 407-386-3341 Include your billing/shipping addresses, desired delivery dates, signature and terms (net 30). THANK YOU! Order subject to approval by Stryker Corporation. Taxes will be invoiced as a separate item when applicable. Credit cannot be allowed on returns of special or modified items. All approved returns will be accepted ONLY in Kalamazoo. Michigan. Proposals are effective 30 days from submittal. Receiving Contact Name: I I Receiving Phone Number: I Loading Dock: YES NO I IBoxed Unboxed (Circle One) I I Dock hrs: Sales Rep: I Po#:1 Comments: .-."...-" .__M .....-. H'.""..... "^,-,.,,~,_.'- ".- ._'-~-----~._" a~_@ I g 16 F2 108 . ~ ~~ 8 " [j , ' > t== c: . ~ '!, :; 0 ,t j .Ii.= ~<-;;. ~'J m ~ . !~..i! 0." ~ Iii . ' ~ " - J:: <>, ,~~ . ,. g, I ~= ~ 0 t:: " ~" o-I! ~ ", ! ~, 1 ...... -0 := ~ "'" c: - C <'ll t <'ll ...: ~ ~ ii.8 8.. ;! ~~] ~ "" 1:::'- ~ 1ii 8.~ 1: :;;; .... ~ ~~~ .l!! "1: lj :S ~~~ j i J- ~ " . g. :H ~ !;: 8 ] ~ ~ ~ >Cd:l... ~- ,_,-. .!! ~ (-,"'f4. ii=. " Ii ... c:;.. :!!.S ~ iIl,H ~ 0 c; .'~ '..;J :; ::>- '>- ~::~ c..' u. ::: :=J . :: t- E ~~ - -- If ~ 15 ~ ~ S GI .. ~ .Y .".. .ej) :.!' ~ I~5 C ~~= H Q) ~ - .: ~.; ..c iiEj i~.~ ~~ +-' rn,g E 't~!; ~= ill ~., · i' ! H u " E .,,0''" ::J ... 'lJ ! jo ' , U irn!! .3-g~ fE~ I 0,,, ill ." H' I ". -'~ E, ~ .." ' . '" _e ~, .: .. !! " '!l . c., i U ~c .' 0"- ' .f'" ,m .' +-' Ii.'; ]C1~]-g .ffi- '2 '- ._ GI C ~ 1 ~.p u ~:; ill '.' · ,0<,0 -., > ~ = & ''"' > 'l:I 'l:I 0 ,....' ~ o _-0 . n .jo 0 '--'- I&, ~ Ii J~I"""i'~ .!lIC I" 11 i 1 1:". ~.~] t ~ ~ i t-.i if ili 8'" , 11 i ...._::1. -"",,", ".= } J .. .. i 1 .. .0 ",o...ct.J.... ~- It C '~ 0. - -;< 0 G .= It ;:I j ""e' : II. f.>' F" · h t l d" i · 'II o...I.1! _ t C 0 ~ ~... It!l i!i ~ t 1"" fj I'j ~ ~~ f ~ :-:5. 111 J 8 "0 Iii t .s I ~ Ii '5 It l!!.. t:""'~ ~ C ~ l l!.s I 1 ::I a. gUll .- .0 E r:: ~ 0::: ~ C_!::IOl'll E=~'<:O o.~ ]! 1 I -~:Ii Co E2tf-c...; I.~ :Ii Hl!!.n~!~ i g, fit If. i.1 Ii! -j ...:!Efj!l'll "",,,,,~1i." ~~o II It ij IJI I s ~! 8 I : } ~~~ ~] ~~] I s 1 s ~ !i o v:.5..c C ':lJ E C.... ('j 0 t i .. li __ _ ~ "" ~ .:c 2'G "" III ! __""_ .s III ... ~",""""",,_,_----'--,,"-~"-'_" -"".__.- --... --- '.~'-' 16F2 Attachment B Illness and Injury in Emergency Responders EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services March 2006 ....-,,- ~ mp_"' ._---,"- --." >."~------ ~ ~ ...., ~ . .I. fo.A.f:>........ .... '-'.I. ... Illness and Injury in Emergency Responders 16F2 By J. M. Hendry December 2004, MERGINET -Preliminary findings from the National Institute for Occupational Safety and Health appear to confirm what emergency response personnel already suspect-EMS responders receive most of their injuries from overexertion or repetitive body motions, firefighters receive more injuries from fire and/or explosions and law enforcement responders are frequently injured during assaults and/or violent acts. The majority of diagnosed injuries among all emergency response personnel are strains and sprains, reports Audrey Reichard, MPH, OTR, and Larry L. Jackson, PhD, both of the Division of Safety Research in West Virginia, however such injuries are more prevalent among EMS responders. The team used National Electronic Injury Surveillance System data to estimate the number of injuries and illnesses among civilian emergency response personnel treated in emergency departments from 2000 to 2001. They presented their preliminary findings during the recent American Public Health Association meeting in Washington, DC. "EMS workers most commonly experience injuries due to stress or strain from body motions," Reichard told Merginet, noting that approximately 60 percent of these injuries are to the neck and back. Among the 21,700 EMS workers treated during this period, slightly more than 39 percent were injured while lifting, holding, carrying objects or people, or from other overexertion or repetitive motion. Similar types of motions accounted for about 20 percent of the injuries among the 37,000 firefighters, and for about 19 percent of the injuries among the 63,800 law enforcement responders treated. Fires and/or explosions caused more than 32 percent of firefighter injuries, while contact with objects and/or equipment caused about 17 percent and falls accounted for more than 11 percent of their treated injuries. Assaults and violent acts accounted for 25 percent of the injuries among law enforcement responders, while contacts with objects and/or equipment caused more than 15 percent of their injuries. About 14 percent of their injuries were transportation related. EMS and law enforcement responders experienced a higher prevalence of illness or injury from exposures to another person than did firefighters. Slightly more than 30 percent of EMS and 25 percent of law enforcement workers, compared with less than 5 percent of firefighters, received treatment for such exposures. The investigators are currently working on a more detailed data analysis of work-related injuries and illnesses within the occupations of EMS workers, firefighters and law enforcement officers. They suggest that future research on non-fatal injuries and illnesses among these groups focus on the differences between those who serve as volunteers vs. those who are career employees. http:/ /www .merginet.com/career/wellnesslIllnessandInjuryinEmergency Responders.cfm 11/7/2005 _,_._m ~-_.. .. - .~""-~,. ""._'- 16F2 Attachment C Collier County Demographic Characteristics EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services March 2006 ...."'~..._.._. -.."..- ~ .--~-----,.- .-.-----..-.. -"'._-~~ 16F2 Table DP-l. Profile of General Demographic Characteristics: 2000 Geographic area: Collier County, Florida [For information on confidentiality protection, nonsampling error, and definitions, see text] Subject Number Percent Subject Number Percent Total population. . .. ... .. . . . . . . . . . . .. ..... 251,377 100.0 HISPANIC OR LATINO AND RACE Total population. . . . . . . . . . . . . . . . . . . . . . . . . . 251,377 100.0 SEX AND AGE Hispanic or Latino (of any race). . . . . . . . . . . . . . . . 49.296 19.6 Male..,........................... ..... 125,856 50.1 Mexican. . . . . , . , . , . . . . . . . . . . . . . . . . . . . . . . . . . 28.382 11.3 Female...,................................. . 125,521 49.9 Puerto Rican. . . . . . . . . . . . , . , . . . . . . . . . . . . . . . . 3,071 1.2 Under 5 years . , . . . . . . . . . . . . . . . . . . . . . . . . 13,441 5.3 Cuban . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . 6,860 2,7 5 to 9 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 14,444 5.7 Other Hispanic or Latino . . . . . . . . . . . . . . . . . . . . 10,983 4.4 10 to 14 years. .. ... . . . ... . . .. ... . . ... .. . ' 13,677 5.4 Not Hispanic or Latino , . . . . , . . . . . . . . . . . . . . . . . . 202,081 80.4 15 to 19 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,382 5.3 White alone. ... . ,.. . . . . . . .. .. . ,.. . . . . " . .. . 185.517 73.8 20 to 24 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.708 4.7 RELATIONSHIP 25 to 34 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28,262 11.2 Total population. . . . . . . . . . . . . . . . . . . . . . . . . . 251,377 100.0 35 to 44 years . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . 33,458 13.3 In households. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246,587 98.1 45 to 54 years . . . . . . . . . . . . . . . . . . . . . . . . . 29,515 11.7 Householder. . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . 102,973 41.0 55 to 59 years. . . . . . . . . . . . . . . . . . . . . . . . . . , 15,518 6.2 Spouse .. . . . . . . , . . . . . , , , . . . . . . . . . . . . . . . . . . 59,871 23.8 60 to 64 years . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,459 6.5 Child.. . . .. . . . . . . .. . .. .. , . . . . . .. . . . . . . .. . . . 54,507 21.7 65 to 74 years. . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . 35,088 14.0 Own child under 18 years. . . . . . . . . . . . . . . . 43,796 17.4 75 to 84 years . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . 21,060 8.4 Other relatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,453 5.4 85 years and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,365 2.1 Under 18 years . . , , . . . . . . . . . . . . . . . . . . . . 4,155 1.7 Median age (years). , . . . . . . . . . . . . . . . . . . . . . . . . . 44.1 (X) Nonrelatives , . . . . . . . . . '....., ..,...-..... 15,783 6.3 Unmarried partner. . . . . . . . . . . . . . . . . . . . . . . 5,261 2.1 18 years and over. . . . . . . . . . . . . . . . . . . . . . 201,436 80.1 I n group quarters. . . . . . . . , . . . . . . . . . . . . . . . . . . . . 4,790 1.9 ~~..................................... 100,325 39.9 Institutionalized population. . . . . . . , . . . . . . . . . . . 2,294 0.9 Female. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 101,111 40.2 Noninstitutionalized population. , , . . . . . . . . . . , 2,496 1.0 21 years and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . 194,117 77.2 62 years and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . 71,479 28.4 HOUSEHOLD BY TYPE 65 years and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . 61,513 24.5 Total households. . . . . . . . . . . . . . . . . . . . . . . . . 102,973 100.0 M~............................,... 29,533 11.7 Family households (families). . . . . . . , . . . . . . . . . . . 71,264 69.2 Female. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31,980 12.7 With own children under 18 years. . . . . . . . . . 23,404 22.7 Married-couple family. . . . . . . . . . . . . . . . . . . . . . . 59,871 58.1 RACE With own children under 18 years. . . . . . . . . . 17,030 16.5 One race. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . 245,773 97.8 Female householder, no husband present. . . . . 7,445 7,2 White ..................... .............,.. 216.345 86.1 With own children under 18 years. . . . . . . . . . 4,480 4.4 Black or African American. . . . . . . . . . . . . . . . . . 11,419 4.5 Nonfamily households .. . . . . . . . . . . . . . . . . . . . . . . 31,709 30.8 American Indian and Alaska Native. . . . . . . . . . . 733 0.3 Householder living alone. . . . . . . . . . . . . . . . . . . . 25,226 24.5 Asian.................................. . 1,569 0.6 Householder 65 years and over. . . . . . . . . . . . 12,248 11.9 Asian Indian. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424 0.2 Chinese. . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 318 0.1 Households with individuals under 18 years. . . . . 25,906 25.2 Filipino................................. . 277 0.1 Households with individuals 65 years and over . . 40,560 39.4 Japanese. . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . 78 - Average household size. . . . . , . . . . . . . . . . . . . . . . . 2.39 (X) Korean. . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 - Average family size. . . . . . . . . . . . . . . . . . . . . . . . . . . 2.79 (X) Vietnamese. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 0.1 Other Asian 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 0.1 HOUSING OCCUPANCY Native Hawaiian and Other Pacific Islander. . . 153 0.1 Total housing units, . . . . . . . . . . . . . . . . . . . . . . 144,536 100.0 Native Hawaiian. . . . . . . . . . . . . . . . . . . . . . . . . . 23 - Occupied housing units. . . . . . . . . . . . . . . . . . . . . . 102,973 71.2 Guamanian or Chamorro . . . . . . . . . . . . . . 88 : Vacant housing units. , . . , . . . . . . . . . . . . . . . . . . . . . 41,563 28.8 Samoan. . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . 13 For seasonal, recreational, or Other Pacific Islander 2 .. . . . . . . . . . . . 29 - occasional use. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34,337 23.8 Some other race. . . . . . . . . . . . . . . . . . . . . . . . . . . 15,554 6.2 Two or more races . . . . . . . . . . . . . . . . . . . . . . . . . 5.604 2.2 Homeowner vacancy rate (percent). . . . . . . . . . . . . 2.6 (X) Race alone or in combination with one Rental vacancy rate (percent). , . , ... , . . . . . ... . . 9.8 (X) or more other races: 3 HOUSING TENURE White. ,.. .......... ........... ,.... .....,. 219,705 87.4 Occupied housing units. . . . . . . . . . . . . . . . . . 102,973 100.0 Black or African American. . . . . . . . . . . . . . . . . . . . 13,778 5.5 Owner-occupied housing units. . . . . . . . . . . . . . . . . 77,825 75.6 American Indian and Alaska Native. . . . . . . . . . . . . 1,354 0.5 Renter-occupied housing units. . , , . . . . . . . . . . . . . 25,148 24.4 Asian.. . ......... .................. -.. 2.095 0.8 Native Hawaiian and Other Pacific Islander. . . . . . 286 0.1 Average household size of owner-occupied units. 2.31 (X) Some other race . , . . , . . . . . . . . . . . . . . . . . . . . 19,920 7.9 Average household size of renter-occupied units. 2.65 (X) - Represents zero or rounds to zero. (X) Not applicable. 1 Other Asian alone, or two or more Asian categories. 2 Other Pacific Islander alone, or two or more Native Hawaiian and Other Pacific Islander categories. 3 In combination with one or more of the other races listed. The six numbers may add to more than the total population and the six percentages may add to more than 100 percent because individuals may report more than one race. Source: U.S. Census Bureau, Census 2000. 1 u.s. Census Bureau ""4..~"~ --~"."_.. .-..---..,- ......-., ,...~-----,-_. ORIGINAL DOCUMENTS CHECKLIST & ROUTING lIE, F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T 3 , . 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 exception of the Chairman's signature, draw a line througt routing lines # I 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. Sue Filson, Executive Manager Board of County Commissioners 2. Minutes and Records Clerk of Court's Office TIME SENSITIVE: GRANT PLEASE CALL ARTIE BAY, APPLICATIONS DUE TO STATE EMS 774-8459 WHEN BY MARCH 31. DOCUMENTS ARE READY THANK YOU PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Phone Number Contact ARTIE BAY, EMS 774-8459 Agenda Date Item was Agenda Item Number Approved by the BCC March 14,2006 16F3 Type of Document Number of Original Attached GRANT APPLICATION Documents Attached I ORIGINAL INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is N/ A (Not a ro riate. A Ii cable ) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's 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 nature 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. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be a ar of our deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorpora ed . the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. I: Forms/ County Formsl Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F3 MEMORANDUM Date: March 14, 2006 To: Artie Bay EMS, Operations Analyst From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Grant Application for the 2006 "Chair Stair Program" Enclosed please find the original Grant Application as referenced above, (Agenda Item #16F3), approved by the Board of County Commissioners on Tuesday, March 14,2006. If you have any questions, please call me at 774-8406. Thank you. Enclosure "~-- l___.........,..."Nk'..".......~_" 16F3 '" 'II 'H""" \ , ....\,.. ,..!. \""" ' ! ;:~e"'IJ!~' :'~!!I-'" '-" --- Emergency Medical Services Matching Grant Application Stair Chair Program 2006 -- --..^ ).. --"",.'- 16 F3" Collier County Emergency Medical Services Department Emergency Medical Services State Matching Grant Application State Matchine Grant for Stair Chairs Application Attachments: 1. Grant Application 2. Attachment A: Stryker Price Proposal 3. Attachment B-1: Postural Analvsis of Paramedics Usinl! Stair Chairs 4. Attachment B-2: Biomechanical Analvses of Paramedics Usinl! Stair Chairs 5. Attachment B-3: Comparison of Commercial Stair Chairs usine Data Envelopment Analvsis 6. Attachment C: Transport device will aid EMTs - Augusta Chronicle, March 7, 2003 7. Attachment D: Collier County Demographic Characteristic: 2000, US Census Bureau, Table DP-1 - .,"~_. -.,-_..~ ".""~...~,,.~-... .-<<-._., -~ ""-~'----'---- 16F3 EMS MA TCHING GRANT ApPLICA TION FLORIDA DEPARTMENT OF HEAL TH Bureau of Emergency Medical Services Complete all items unless instructed differently within the application T e of Grant Re uested: CRural ~ Matchin ID. Code The State Bureau of EMS will assi n the ID Code - leave this blank 1. Oroanization Name: Collier County Board of County Commissioners 2. Grant Sioner: (The applicant signatory who has authority to sign contracts, grants, and other legal documents. This individual must also sign this application) Name: Frank Halas Position Title: Chairman Address: 3301 E. Tamiami Trail City: Naples Countv: Collier State: Florida Zip Code: 34112 Telephone: (239) 774-8459 Fax Number: (239) 775-4454 E-Mail Address: JeffPage@cofliergov.net 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and responsibility for the implementation of the grant activities. This person may sign project reports and may request project changes. The signer and the contact person may be the same.) Name: Jeff Page Position Title: Chief, EmerQencv Medical Services Address: 2705 So. Horseshoe Drive Citv: Naples County: Collier State: Florida Zip Code: 34104 Telephone: (239) 774-8459 Fax Number: (239) 775-4454 E-mail Address: JeffPage@colliergov.net DH Form 1767, Rev. June 2002 3 .~~"_.- , ._~--~, _,_'...._"...m"...... ^._..".~._'Q~.__ ~"-' 16F3 4. Leoal Status of Applicant Oroanization (Check only one response): (1) [J Private Not for Profit [Attach documentation-501 (3) @] (2) D Private For Profit (3) [J City/MunicipalityfTownNillage (4) ~ County (5) 0 State (6) 0 Other (specify): 5. Federal Tax 10 Number (Nine Dioit Number). VF,j ~.2..Q..Q..Q 22.!!. 6. EMS License Number: OOZb o7Type: ~Transport lONon-transport IQIBoth 7. Number of permitted vehicles by type: _ BLS ~ALS Transport _ALS non-transport. 8. Type of Service (check one): []Rescue DFire ~Third Service (County or City Government, nonfire) D1Air ambulance: CFixed wing DRotowing DBoth DlOther (specify) 9. Medical Director of licensed EMS provider. If this project is approved, I agree by signing below that I will affirm my authority and responsibility for the use of all medical equipment and/or the provision of all continuing EMS education in this project. No signature is needed if medical equipment and professional ducati l,iJ~roject.] Signature: Date: Z-~ 7 /00 " " PrinUType: Name of Director Robert B. Tober, MD FACEP FL Med. Lic. No. MEOO030891 Note: All organizations that are not licensed EMS providers must obtain the signature of the medical director of the licensed EMS provider responsible for EMS services in their area of operation for projects that involve medical e ui ment and/or continuin EMS education. !fyour activity is a research or evaluation project, omit Items 10, 11, 12,13, and skip to Item Number 14. Otherwise roceed to Item 10 and the followin items. 10. Justification Summary: Provide on no more than three one sided, double spaced pages a summary addressing this project, covering each topic listed below. A) Problem description (Provide a narrative of the problem or need); B) Present situation (Describe how the situation is being handled now); C) The proposed solution (Present your proposed solution); D) Consequences if not funded (Explain what will happen if this project is not funded); E) The geographic area to be addressed (Provide a narrative description of the geographic area); F) The proposed time frames (Provide a list of the time frame(s) for completing this project); G) Data Sources (Provide a complete description of data source(s) you cite); H) Statement attesting that the proposal is not a duplication of a previous effort (State that this project doesn't duplicate what you've done on other grant projects under this grant program). DH Form 1767, Rev. 2002 4 . < '"'--~""".'~-~'-~--~-~ . ."<_.~- ,...--..,.'" "-""'-''^'''- -_.. 16F3 10) Justification Summary Problem Description Emergency Medical Services routinely engages in removing patients or victims from many types of locations and under some very unusual conditions. This task can often be slowed or jeopardized by a number of contributing factors. Examples of some factors that may adversely affect the movement/rescue of individuals include: . Disposition of the patient/victim (elderly, disabled, bedridden, unconscious, etc.) . Configuration of building (confined space, restricted access, elevators, stairs, narrow hallways, etc.) . Rapid evacuation scenarios (fires, hurricane evacuations, etc.) . Type of location (high-rises, condominiums, multi-story commercial buildings, nursing homes, mobile homes, etc.) It is also desirable to accomplish this task with the least amount of personnel and physical effort. In a medical emergency, it is imperative that the main focus is to attend to the patient's immediate medical needs. Thus, the movement of patients safely, securely and quickly presents an additional challenge to EMS personnel. To compound this, EMS personnel are experiencing a high incidence of injury to themselves utilizing out-dated removal equipment. The basic design flaws of the older equipment require more physical effort and strains while maneuvering and lifting patients. Newer designs have been introduced based on technology developed from extensive studies that require minimal personnel to operate, while reducing the factors that contribute to injuries from strains and twisting and allowing for rapid, safe and secure patient transport. Present Situation . Equipment is strenuous and hazardous to use due to lack of ergonomic design features . Injuries to personnel due to exaggerated physical effort and improper use --.-,-. .~..".,,_. ~ _._,'."''''m 16F3 ,..p Due to the abysmal ergonomic design flaws of the equipment currently being utilized, personnel are forced to engage in bending and twisting motions in order to maneuver and negotiate patients through inhospitable conditions, which can, and does, result in neck and back injuries. These types of injuries are usually the most costly, due to loss of time, overtime to fill vacancies and workers compensation claims, medical treatment and rehabilitation. Another scenario is that personnel may even choose not to use the equipment at hand, knowing that they may face serious injury because of the nature of equipment design. Proposed Solution Acquire the needed funds to provide equipment that is properly designed and functional for the task of moving patients/victims. The acquisition of this equipment will increase the effectiveness of those personnel who are required to perform these operations and will allow them to do so more quickly and safely for the patient and themselves. This will result in reduced injuries to personnel and patients as well as the costs associated with these injuries. The overall savings realized by the reduction of injuries will dramatically offset the initial cost ofthis equipment. Conseauences if Not Funded If this project is not funded, we will continue to be unable to obtain funding through our annual budget process. Patient safety will be compromised and personnel will continue to be injured, resulting in extraordinary expenses for workers compensation, overtime and medical expenses. Another consequence of not funding this project would be the contributing inefficiencies that would result in a catastrophic event such as a hurricane where EMS personnel may be called upon to move the elderly and infirmed to a safe locale in a prompt and effectual manner. Geoe:raphic Area Collier County encompasses 2,025 square miles with a permanent population of 251,000 (based on the 2000 census), nearly 25% of which is comprised of persons 65 and older. Nearly 20,000 workers increase the population each day. The miles of beaches, three airports and numerous marinas attract a multitude of visitors each day, swelling the population level during peak season. Areas of some special tactical concern would be: . "--- ill MO'" ~____,~.,.. ~ ...-----,.,_~ '".-- 16F3 ,~ ~ ,\, . High-rise condominiums . Multi-story residences . A multitude of two-story or higher hotels/motels . Nursing homes and assisted living facilities . Two hospitals (with an additional to open November 2006) . Mobile home and R V parks . Alternate modes of transportation - Buses, boats and airplanes Time Frames Receive State Award Purchase and Acquire 32 Stair Chairs 60 days Train and Distribute 90 days Project will be completed within one year. Data Sources Workers Compensation Statistics - Collier County Risk Management Department Stryker Price Proposal (Attachment A) Western Michigan University - Three Studies . Postural Analysis of Paramedics Using Stair Chairs (Attachment B-1) . Biomechanical Analyses of Paramedics Using Stair Chairs (Attachment B-2) . Comparison of Commercial Stair Chairs using Data Envelopment Analysis (Attachment B-3) Transport device will aid EMTs. Augusta Chronicle, March 7, 2003 (Attachment C) County Demographic Characteristic: 2000. US Census Bureau, Table DP-l (Attachment D) Attestim! Statement No other applications have been submitted for State grant funding for this equipment. ._-">,._,,-~--- .~_. "<V --.. .... _ ~_.._- '''-.~- 16F3 ""' 'i Next, only complete one of the following: Items 11, 12, or 13. Read all three and then select and com lete the one that ertains the most to the recedin Justification Summa 11. Outcome For Proiects That Provide or Effect Direct Services To Emergencv Victims: This may include vehicles, medical and rescue equipment, communications, navigation, dispatch, and all other things that impact upon on-site treatment, rescue, and benefit of emergency victims at the emergency scene. Use no more than two additional one sided, double-spaced pages for your response. Include the following. A) Quantify what the situation has been in the most recent 12 months for which you have data (include the dates). The strongest data will include numbers of deaths and injuries during this time. B) In the 12 months after this project's resources are on-line, estimate what the numbers you provided under the preceding "(A)" should become. C) Justify and explain how you derived the numbers in (A) and (B), above. D) What other outcome of this project do you expect? Be quantitative and explain the derivation of your figures. E) How does this integrate into your agency's five year plan? 12. Outcome For Training Proiects: This includes training of all types for the public, first responders, law enforcement personnel, EMS and other healthcare staff. Use no more than two additional one sided, double-spaced pages for your response. Include the following: A) How many people received the training this project proposes in the most recent 12 month time period for which you have data (include the dates). B) How many people do you estimate will successfully complete this training in the 12 months after training begins? C) If this training is designed to have an impact on injuries, deaths, or other emergency victim data, provide the impact data for the 12 months before the training and project what the data should be in the 12 months after the training. D) Explain the derivation of all figures. E) How does this integrate into your agency's five year plan? 13. Outcome For Other Proiects: This includes quality assurance, management, administrative, and other. Provide numeric data in your responses, if possible, that bear directly upon the project and emergency victim deaths, injuries, and/or other data. Use no more than two additional one sided, double- spaced pages for your response. Include the following. A) What has the situation been in the most recent 12 months for which you have data (include the dates)? B) What will the situation be in the 12 months after the project services are on-line? C) Explain the derivation of all numbers. D) How does this integrate into your agency's five year plan? DH Form 1767, Rev. 2002 5 --,._,..,._-, -~< ----.....-',.---.'--- ~.h'. 16F3 :.;. 11) Outcome For Proiects That Provide or Effect Direct Services To Emerl!encv Victims: The department currently maintains a total of thirty-one (31) ALS transport ambulances. Twenty- one of these units are staffed and equipped in accordance with the Advanced Life Support guidelines required by State EMS statutory regulations and operational 2417. The other ten vehicles are available for backup for peak demand and equipment breakdowns. These alternate ten units are also equipped in accordance with the Advanced Life Support guidelines required by State EMS statutory regulations. All units are equipped with out-dated, design-flawed evacuation chairs. During the period October 1, 2004 - September 30, 2005, Collier County EMS responded to approximately 40,000 incidents. Of these, approximately 23,000 resulted in transports to local area hospitals. Additionally, when EMS units are responding, along with fire units, the EMS units are the only units equipped with evacuation chairs. The acquisition of the thirty-one evacuation chairs (stair chairs) will assure the safe and efficient removal of patients/victims, while protecting EMS personnel from injuries frequently incurred in this process. During fiscal year 2005 (October 1, 2004 - September 30, 2005), Collier County's Risk Department reported a total of 27 workers compensation incidents, 8 of which were related to movinglcanying patients. While this was a reduction in the 13 of the 34 incidents in 2004, the average lost workdays grew from an average of 4 per incident in 2004 to 4.6 per incident in 2005, and restricted workdays increased from an average of7.4 per incident in 2004 to 32.8 in 2005. The current rates for neck, back and lifting inj uries provided by the County Risk Management Department for workers comp injuries should see a minimum of 25-50% improvement in twisting and strain injuries associated with evacuation chair usage. In addition, patient safety and comfort will be improved. The Collier County EMS Department continues its efforts to improve the safety of its work place by closely participating with the County's Risk Management Department Safety Review Board. One of the main goals of this group is to reduce the risk for injury for the County's Paramedics and Firefighters -.,.,.,.,-.-.---..-..- ,....,"...-.,'" n 1'11' ~,."".~."._".-...,--'" -_",-'-"- 16F3 ~i during normal and disaster type situations. In addition, safety is a key element of our five-year business plan, which states, "Efforts will be placed on personnel and equipment safety . . ." The addition of this improved stair chair device will assist in satisfying the goal of improving the safety and injury rate for EMS personnel involved in the movement of patients in routine and disaster situations. -^-,-,,,,'" -----",".... --..--- .--.... 16F3 :~. Skip Item 14 and go to Item 15, unless your project is research and evaluation and you have not completed the recedin Justification Summa and one outcome item. 14. Research and Evaluation Justification Summarv. and Outcome: You may use no more than three additional one sided, double spaced pages for this item. A) Justify the need for this project as it relates to EMS. B) Identify (1) location and (2) population to which this research pertains. C) Among population identified in 14(B) above, specify a past time frame, and provide the number of deaths, injuries, or other adverse conditions during this time that you estimate the practical application of this research will reduce (or positive effect that it will increase). D) (1) Provide the expected numeric change when the anticipated findings of this project are placed into practical use. (2) Explain the basis for your estimates. E) State your hypothesis. F) Provide the method and design for this project. G) Attach any questionnaires or involved documents that will be used. H) If human or other living subjects are involved in this research, provide documentation that you will comply with all applicable federal and state laws regarding research subjects. I) Describe how you will collect and analyze the data. 15. Statutorv Considerations and Criteria: The following are based on s. 401.113(2)(b) and 401.117, F.S. Use no more than one additional double spaced page to complete this item. Write N/A for those things in this section that do not pertain to this project. Respond to all others. Justify that this project will: A) Serve the requirements of the population upon which it will impact. B) Enable emergency vehicles and their staff to conform to state standards established by law or rule of the department. C) Enable the vehicles of your organization to contain at least the minimum equipment and supplies as required by law, rule or regulation of the department. D) Enable the vehicles of your organization to have, at a minimum, a direct communications linkup with the operating base and hospital designated as the primary receiving facility. E) Enable your organization to improve or expand the provision of: 1) EMS services on a county, multi county, or area wide basis. 2) Single EMS provider or coordinated methods of delivering services. 3) Coordination of all EMS communication links, with police, fire, emergency vehicles, and other related services. DH Form 1767, Rev. 2002 6 ..-"'.--....----..,.'..' ;-,.._,-,....."..",."~,."...,.,~,........._- ~_,~ u ""_.- 16F3 .~ 15) Statutory Consideration and Criteria A. Serve the requirements of the population upon which it will impact. The acquisition of these new stair chairs will aid in the timely, safe and efficient evacuation of patients/victims who may be elderly, disabled or bedridden from buildings or areas where there is limited/difficult access or multi-story buildings where there are no elevators, or during emergencies where elevators may not be operable. B. Enable emergency vehicles and their staff to conform to state standards established by law or rule of the department. Subsection 401.25 (2)(b), Florida Statutes, reads: "The ambulances, equipment, vehicles, personnel, communications systems, staffing patterns, and services of the applicant meet the requirements of this part, including the appropriate rules for wither a basic life support service or an advanced life support service, whichever is applicable." C. Enable the vehicles of your organization to contain at least the minimum equipment and supplies as required by law, rule or regulation of the department. See reply to paragraph B, immediately above. D. Enable the vehicles of your organization to have, at a minimum, a direct communications linkup with the operating base and hospital designated as the primary receiving facility. N/A E. Enable your organization to improve or expand the provision of: 1. EMS services on a county, multi county, or area wide basis. MODs with fire districts, mutual aid agreements with surrounding counties and statewide disaster response plan. 2. Single EMS provider or coordinated methods of delivering services. Will increase productivity and enhance unit availability. 3. Coordination of all EMS communication links, with police, fire, emergency vehicles, and other related services. N/A ---""'.'- ~_.. ~ _..~-'._,- ---^ 16F3 ,<till 1 !to 16. Work activities and time frames: Indicate the major activities for completing the project (use only the space provided). Be reasonable, most projects cannot be completed in less than six months and if it is a communications project, it will take about a year. Also, if you are purchasing certain makes of ambulances, it takes at least nine months for them to be delivered after the bid is let. Work Activity Number of Months After Grant Starts Beain End Receive State Funding Purchase/Acquire Stair-Pro Stair chair Model 6252 30 days 60 days Train and Distribute 60 davs 150 days 17. County Governments: If this application is being submitted by a county agency, describe in the space below why this request cannot be paid for out of funds awarded under the state EMS county grant program. Include in the explanation why any unspent county grant funds, which are now in your county accounts, cannot be allocated in whole or part for the costs herein. All funds allocated under the EMS county grant program have already been targeted for other critical projects. DH Form 1767, Rev. 2002 7 -,,--,..,,- ..-.....""-- ..-..- -..- 16F3 18. Budaet: Salaries and Benefits: For each Costs Justification: Provide a brief justification position title, provide the amount why each of the positions and the numbers of salary per hour, FICA per hour, of hours are necessary for this project. fringe benefits, and the total number of hours. N/A TOTAL: Expenses: These are travel costs Costs: List the price Justification: Justify why each of the and the usual, ordinary, and and source(s) of the expense items and quantities are incidental expenditures by an price identified. necessary to this project. agency, such as, commodities and supplies of a consumable nature, excludino expenditures classified as operating capital outlay (see next cateQorv). N/A TOTAL: $ DH Form 1767, Rev. 2002 8 .-" -.-...-.--- ,.""-. -''''..---.. ._~. - 16F3 Vehicles, equipment, and other Costs: List the price Justification: State why each of the items operating capital outlay means of the item and the and quantities listed is a necessary equipment, fixtures, and other source(s) used to component of this project. tangible personal property of a identify the price. non consumable and non expendable nature, and the normal expected life of which is 1 year or more. Model 6252 Stair-Pro Stair Chairs $2,026.22 (Mfgr. quote) Grant would provide 1 stair chair per ALS transport unit. Locking Rear Handles 23.78 (Mfgr. quote) Removable head support 45.10 (Mfgr. quote) Sub-total $2,095.10 X 31 Units TOTAL: $ h.d q.dR 1 n . State Amount (Check applicable program) ~ Matching: 75 Percent $ 48,711.07 10 Rural: 90 Percent $ Local Match Amount (Check applicable program) ~ Matching: 25 Percent $ 16,237.03 IQ Rural: 10 Percent $ Grand Total $ 64,948.10 DH Form 1767, Rev. 2002 9 -- ~._-_.- - .__.__. ---, 16F3 19. Certification: My signature below certifies the fOllowing. I am aware that any omissions, falsifications, misstatements, or misrepresentations in this application may disqualify me for this grant and, if funded, may be grounds for termination at a later date. I understand that any information I give may be investigated as allowed by law. I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I agree that any and all information submitted in this application will become a public document pursuant to Section 119.07, F.S. when received by the Florida Bureau of EMS. This includes material which the applicant might consider to be confidential or a trade secret. Any claim of confidentiality is waived by the applicant upon submission of this application pursuant to Section 119.07,F.S., effective after opening by the Florida Bureau of EMS. I accept that in the best interests of the State, the Florida Bureau of EMS reserves the right to reject or revise any and all grant proposals or waive any minor irregularity or technicality in proposals received, and can exercise that right. I, the undersigned, understand and accept that the Notice of Matching Grant Awards will be advertised in the Florida Administrative Weekly, and that 21 days after this advertisement is published I waive any right to challenge or protest the awards pursuant to Chapter 120, F.S. I certify that the cash match will be expended between the beginning and ending dates of the grant and will be used in strict accordance with the content of the application and approved budget for the activities identified. In addition, the budget shall not exceed, the department, approved funds for those activities identified in the notification letter. No funds count towards satisfying this grant if the funds were also used to satisfy a matching requirement of another state I9rant. All cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in his application shall be committed and used for the activities approved as a part of this grant. IAcceptance of Terms and Conditions: If awarded a grant, I certify that I will comply with all of the above and also accept the attached grant terms and conditions and acknowledge this by signing below. ~>~ -/ 03 tJ<lI.J..OOto Signature of Authorized Grant Signer MM/DD/YY (I ndividualldentified in Item 2) DH Form 1767, Rev. June 2002 i>~P<~; ,,, I''V~ · ATTBSf DWI8&! B. ...._ ___+t~..."., .f.. . ....,. J~i.i~':'i','r \~ ~~ -, . BY: .....' .- '"' .. :,..: ..... '-' . , ~~ Attt t . . to a..t,... t stonat..... 0111-1 10 ---". .-._- . -<._:,- .---, _,.,^_~._u. 16F3 FLORIDA DEPARTMENT OF HEAL TH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(b), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion or continuation of pre-hospital EMS. DOH Remit Payment To: Name of Agency: Collier County Board of County Commissioners Mailing Address: 3301 E. Tamiami Trail Naples, FL 34112 Federal Identification Number Authorized Agency Official: ,,~ ~~l:1~oIo I I D<le .... .. II: Florida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee, Florida 32399-1738 Do not write below this line. For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Grant ID Code: Approved By: Signature of EMS Grant Officer Date State Fiscal Year: - Organization Code E.O. OCA Obiect Code 64-25-60-00-000 N - N2000 7 Federal Tax ID: VF _ _ _ _ _ _ _ _ _ Grant Beginning Date: Grant Ending Date: DH Form 1767P, Rev. June 2002 Item # ~~"~l~ . Agenda 3 ~l '+-b~ Date Date 6-l+olo ,., 1 _~" . ~ .',.,~. . Rec'd ~I' '. iJJ:I;J.I:! ~ ",; '. .. ,_ ()(. '~ '. .... 11 -......--..-",-- ._.,.~- _,.~,._.,.,,_~___.VA."'.'......... . . ....'~, ,..., 'W'_" --'.,- 16F3 "1';. Attachment A Stryker EMS Price Proposal EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services March 2006 '.......,'-- ~ " H..'"'"'O'" .. -~-"""-- ....,,-.- ,~,,-".'._-,.,,-- .._.._.._~.. Sales Proposal 12t~~ EMS Equipment Quotation Date: 02121/06 Quote Number: Q013806 SHIP TO ADDRESS Jamie Witham Collier County EMS Territory Manager 3301 East Tamiami Trail, Bldg H 3800 E Centre Ave Naples, FL 34112 Portage, MI 49002 t: 239-530-6285 (800)669-4968 Ext 8879 Voicemail f: 239-775-4454 (407)386-3341 Fax Email: bavartie@collieraov.net iamie. witham@strvker.corr List Price Unit Price Ext Sell 31 ea Model 6252 STAIR-PRO Stair Chairs $ 2,471.00 $ 2,026.22 $ 62,812.82 Standard Features Include: High visibility powder coat frame Extended head and foot end lift handles 500-lb weight capacity 2-piece ABS panel seat Molded hand grips Locking head end lift handles Light weight, durable aluminum construction Easy-rolling rear wheels with sealed bearings Dual wheel locks Compact storage size Positive action locking mechanism Power-washable Grease-free maintenance Color-coded patient restraint set In-service training video Operations/Maintenance Manual 4. (10 em) front caster wheels Extendable upper control handle Patented Stair-TREAD system 1-year parts/labor/travel warranty Selected Ootions and Accessories: 31 6250-031-000 Locking Rear Handles $ 29.00 $ 23.78 $ 737.18 31 6252-040-000 Removable head support $ 55.00 $ 45.10 $ 1,398.10 $ 2,555.00 $ 2,095.10 $ 64,948.10 Proposal Total (Including freight):1 $64,948.101 Ootional uocharae items: 31 6250-161-000 Non-absorb pat rest (replaces existing rest: $ 84.00 $ 71.40 $ 2,213.40 31 6250-140-000 Oxygen Bottle Holder $ 109.00 $ 92.65 $ 2,872.15 31 6252-041-000 Vinyl head support {replaces Removable HS; $ 125.00 $ 106.25 $ 3,293.75 TO PLACE AN ORDER. PLEASE FAX YOUR PURCHASE ORDER TO: Stryker - EMS Equipment, Attn: Jamie Witham Office: 1028 Buckbean Br Ln W, Jacksonville, FL 32259 Phone: 904-287-0824; Fax: 407-386-3341 Include your billing/shipping addresses, desired delivery dates, signature and terms (net 30). THANK YOU! Order subject to approval by Stryker Corporation. Taxes will be invoiced as a separate item when applicable. Credit cannot be allowed on retums of special or modified items, All approved retums will be accepted ONLY in Kalamazoo, Michigan. Proposals are effective 30 days from submittal. Receivin~ Contact Name: I I Receivin~ Phone Number: I Loadin~ Dock: YES NO I I Boxed Unboxed (Circle One) I I Dock hrs: Sales Rep: I Po#:1 Comments: ~,-~ .-.-----... .- -'--_..'~-'-"-< 16F3 Ergonomic Analysis Shows Stair-PRO Helps Alleviate Risk of Operator Injury Situation . . Relative Risk of Lower Back Disorder 3 5 Firefighters and emergency mcdlcal services (EMS) pcrson- nel must pcrfonn a wide alTay of potentially hazardous 36 emergency rescue procedures that often include the use of : specially designed rescue and/or transport equipment. One 3 common procedure involves manually transporting a patient 2~ dO,""'l flights of stairs using a stair chair. ~ 26 . Unfortunately, the physical strain of maneuvering patient~ in ril 24 this environment contributes to a high number of back ~ 22 injuries being reported in the EMS industry.' Researchers ~ 20 have identified awkward body postures when handling 18 patients as one of the main contributors.' 16 14 Rationale 12 10 Stryker EMS recognized the oppornllli~y to provide a 6252 49 6250 40 42 107 product that could reduce the nsk of lIlJury to mediCS and patients during stairway transport. Capitalizing on Stair Chair Model their technical experience with the innovative RUGGED series of ambulancc cots, Stryker EMS applied advanced engincering practices along with biomechanical science to develop the Stair-PRO stair chair models. ,-,1 Methodology L I Ind'p,"d,nt "gnnnmk "p'"' ,,,di,d p,mm,di" .,n'porting' ] 60 lb. p"i,nt down nn, )/ ,. '. flight of stairs and around a 90-degree landing llsing six different types of stair chairs. The . . simulated task included the intiallift, the descent of the staircase and the negotiation of a \,:.':#,~ ',''':'''',', '. landing. . \ .... "'0., f "",.,.. .........t Four video cameras captured the postural measurements of each subject, while a Lumbar .-1, ......---, Motion Monitor digitally measured the threc-dimcnsional trunk position and motion ofthc lumbar and thoracic sections of the spine. MODEL 6252 MODEL 6250 Biomechanical analyses using these objective mcasurcs quantified the risk of lower back dis- order (LBD) for each of the six stair chair models. - A Results I Thc Stair-PRO modcl 6252 was found to reduce the relativc risk of lowcr back disordcr significantly as comparcd to all other modcls " tested. (see chart) ! -- The study also dctermined that the probability ofLBD is least in ' ... III '"leader forward" position, and worst in "leader backward" position MODEL 49 MODEL 107 when carrying a patient down the stairs using models other than 6252." .- 1: Conclusion ,',,' .,' /" Patient transport in stairways is a common task that has a high repOlted "''Wi ( ... back injUl)' rate. The design of stair chairs can significantly influence opcrator and patient safety. This testing substantiatcs Stair-PRO's ability MODEL 40 MODEL 42 to help reduce the risk of back injury. I "t:n/!ulltiO/1 tllthl.' Iniury P1l4i1e IJjPersonnd in a Bw)' Crhan EAfS .~.I'slem," JiO&'l'{I, PI:, t.'Ilis, L Journal o{Ef1Jt:'/'gcl1(:IJ .,HL'dicim.: (vol 8, page."; 30.'1-31 I, J990). -' "51IOu/dl.>r Posture (lid Localced Afltsc.:le Fdtigue lmd Discomfit,.,," WikCl: S.F, Eri!onomic\ (roI3::, pages _'J J-~37, 1989). " "Ctwrporison 01 Commen:ial Sloir Cluur~ Using Data Em1elopmc1I1 Anil~I'.sLIl," Human Pc,jorlJloflcc JnslilU!c, DCpl of1ndusrrial wuJ Jfa1/u/,ll'l1wil1g El7gmel>ring, Hi..>.,renl Jlich!f!(1f1 Unill'rsitl' tJflltlh :00::). 4 "PUS/'It'{fI.4n(l~l'sjs qiParamcdio l/Slng S,U;,. Chuir~," Humtl" Pc/jumulIlct' fnswu/c. DCpl nfll1dus,ria! and .\fwur/(';CfltJ'ing Engulccring. Jh'Sh'rH ,\fjch~gul! [;nh'l'rsi~\' (A/Uly'h .200:j. ~ 'BI01l1ccl/(mical rllU1~),),I.'S ofPnrumcdics Using Slair elwirs, ,. Human Pqfrmnancc /I/j'/itute, Dept l!(Jt7Ju,~'trj(j1 and /wauufUell/ring Engineering, He~lcrn :lfichigol7 Univcrsi!)' (ll1alt'h :;O()2). ~_,L._, 6300 South Sprinkle Road Kalamazoo, MI 49001-9799 .::::K.I-.J'nIlI:'I- (PHONE) 1.800.RUGGED6 / 1.269.329.2100 / (FAX) 1.269.329.2246 E 1\III!:Ii www.ruggedcols.com / www.ruggedstore.com @Stryker Corporation 7/02 5M IMP REV A - -'-_'.'0"-- '_-""'~''''"'''",",''''''''__,__~","",_~,_ "_""'_.", ~ .~.~ ____._____..~_ 1 6 F 3 .,.. Attachment B-1 Postural Analysis of Paramedics Using Stairchairs EMERGENCY MEDICAL SERVICES MA TCHING GRANT PROGRAM Collier County Emergency Medical Services March 2006 ...-.,,- ___~'''_N.^. '" "_.,_ T - --"' - ._...."-._--"~.~~- 16F3 Postural Analysis of Paramedics Using Stairchairs Tycho K. Fredericks', Sang D. Choi, Steven E. Butt, and Anil R. Kumar Human Performance Institute, Department of Industrial and Manufacturing Engineering Western Michigan University, Kalamazoo, M149008-5061, USA Abstract. The objective of this study was to investigate the working postures, applied forces, and subjective ratings of perceived exertion of paramedics required to transport a victim down a flight of stairs using different designs of stairchairs. A total of six different models of stairchairs were evaluated with three different carrying positions (i.e., follower, leader facing backward, and leader facing forward). Results indicate that slairchairs designed to have the stairwell support the weight of the victim reduced the ratings of perceived exertion and can influence the applied force required to complete the task. INTRODUCTION A normal part of a paramedic's job is to lift, cany, and handle ill and injured patients under difficult circumstances. Unfortunately, high back injury rates have been reported for paramedics (Hogya and Ellis, 1990). Awkward body postures have been identified as one of the main contributors to the reduction of the human musculoskeletal system's capacity (Wiker, 1989). Studies conducted by Lavender et al. (2000a; 2000b) identified the transporting of a victim down a flight of stairs using a stairchair as a frequently performed strenuous emergency rescue tasks. With this in mind, the objective of this study was to investigate the working postures, applied forces, and subjective ratings of perceived exertion of paramedics required to transport a victim down a flight of stairs and around a landing using six different designs of stairchairs. METHODS AND PROCEDURES Eight male paramedics with age ranges between 20 and 47 years (mean 31 and std. dev. 8) volunteered to participate in this study. The mean height and weight of these individuals were 1.81 m (range: 1.71-1.98 m) and 101 kg (range: 58- 123 kg), respectively. The simulated task included the descent ofa staircase (20 steps) and the negotiation ofa landing requiring a 900 turn. The staircase width was 840 mm and each step had a 180 mm rise and a 280 mm run. Four video cameras were positioned to provide the best athogonal views to the sagittal and frontal planes of each subject (Lavender et aI., 2000a, 2000b). Trunk positions were detennined with the Lumbar Motion Monitor (LMM). Six different models of stairchairs (Figure 1) were used in transporting a victim (weight: 70kg) down the flight of stairs and around a landing. Upon arrival, each subject was instrumented with a LMM. Reflective markers were placed over the ankles, the lateral side of each knee, the greater trochanters, the acromium processes, the mid-line of the elbow, and the mid-point of the wrist breadth dimension. These points were used in quantirying body postures from the videotapes. Three different carrying positions (follower, the leader facing backward, and the leader facing . Corresponding Author (Email: tychofredericks@wmich.edu, Fax: 1-616-387-4075, Phone: 1-616-387-6525) I -----"-- -_. >"-~ --<"- 16F3 · forward) were investigated. Three tasks in each descent were analyzed: the initial entry onto the stairs, the mid-point down the stairs, and the negotiation of a 900 turn on a landing. Applied forces on the handles of the stairchairs were determined by mounting Chatillon force measurement gauges on the handles of each chair. Forces were determined for each position within each simulated task of each stairchair. The sequence of stairchairs and carrying positions was randomized for each subject. Each combination (stairchair and position) was repeated three times. RESUL TS AND DISCUSSION Table I reports a summary of mean applied forces by position and task for all six stairchairs. As can be seen in Table I, Model 6 recorded lower applied force values throughout all positions ald tasks as compared to the other chairs. Additionally, the follower position experienced significantly higher loads as compared to the leader position. Table I: Summar of mean applied forces (Newton) by position, task and stairchair. Task I: Initial Task 2: Middle Task 3: 900 Turn (LandinI!) Stairchair Follower Leader Follower Leader Follower Leader Modell 510N 270N 510N 270N 510N 270N Model 2 458N 314N 458N 314N 458N 314N Model 3 487N 269N 487N 269N 266N lOIN Model 4 440N 338N 440N 338N 440N 338N Model 5 398N 368N 398N 368N 436N 330N Model 6 7N 78N 40N 59N 17N ON* * Stairchair designed to be operated by the follower alone. Figure 2 depicts the carrying postures and applied forces for the follower and leader facing forward positions. Table 2 reports the summary of mean postural angles of the body for each stairchair, position, and task. In terms of torso flexion, Model 3 was determined to elicit higher mean values as compared to all other chairs. Task 3 was determined to be associated with significantly higher values of torso flexion. Additionally, the follower recorded significantly lower torso flexion values than all other positions. I I f Ai....': I, : ,J, I ! I' ,~.. . Dr " i I "~' '. 1 I' oJ; ,,"-"-. " :. , . '~"':>",<;t;t-' I : (" . .~j , ~.~'~ :-f''''''''''5''\ f, t ';<,.--" . > ~" I Applied Force (Newton) ~I ~, Figure 2: Carrying postures and applied forces for the follower and leader facing forward positions (Task 2: middle of stairs). 2 _""'C.~_______ .....-.-. 0""__'- '~~"'"~'- ' '<---" 16F3 ." "*",.,'".,.,,."'.,. ..,.,.,.' .'. .,' i '^ . v~c {d;~~" , ,.....-~' ; ~,~ ,. '.'1 ,. \" I.".", L,.i I 'I" ' "'~,',',.--",.._",., ."~"",, ~" .~. , ~ ~ -' MODEL 1 MODEL 2 MODEL 3 MODEL 4 , ~. . ,." ...., ~. ... MODEL 5 MODEL 6 Figure I: Six models of stairchairs used in this study 3 '-'''^, -,.,'~.~~'"-. -~."~- ",-,.-~~"-,.~"..._. 16F3 Table 2: Summary of mean postural anQles for stairchair, position, and task (deQrees). (A) Torso (B) (C) (D) Left (E) Left (F) Right (G) Right Stairchair Position Task Flexion UDDer arm Forearm UDoer LeI! Lower Le2 Upper LeI! Lower LeI! Follower I 0 7 40 62 ]26 61 114 2 -2 4 24 69 91 64 ]06 3 -6 I 33 76 83 68 ]05 Leader Bw I 2 0 32 80 83 60 101 Modell 2 I ] 27 71 104 71 108 3 8 I 35 74 88 66 99 Leader Fw I -2 I 27 71 104 71 108 2 -2 0 7 76 87 77 88 3 5 I ]2 77 86 68 104 Follower I 2 23 45 60 124 61 120 2 0 5 32 63 105 64 100 Mode] 2 3 -8 2 32 74 93 74 85 Leader Bw I 8 2 38 77 86 65 97 2 ] I 42 70 95 70 95 3 6 5 33 66 1]3 68 114 Follower I 10 12 44 55 128 55 132 2 4 12 32 58 III 59 ]14 3 -4 10 47 71 94 73 96 Leader Bw I 2 0 38 75 88 68 99 Model 3 2 3 0 29 74 92 62 96 3 63 0 28 73 93 63 95 Leader Fw ] 10 ] 24 76 81 68 IOl 2 I 0 26 78 85 73 84 3 63 5 9 62 I] I 61 1I4 Follower I -3 13 36 59 Il9 59 1]6 2 -6 7 24 68 94 66 107 Model 4 3 -3 5 47 75 89 61 109 Leader Bw I 5 0 38 71 92 67 95 2 I I 43 72 91 65 97 3 21 7 30 63 113 63 Il7 Follower I -I 5 41 62 108 62 119 2 -2 2 21 70 87 68 99 3 -5 I 34 75 83 71 101 Leader Bw I 6 0 18 74 85 67 102 Mode] 5 2 2 0 20 73 95 66 96 3 12 0 19 72 96 66 95 Leader Fw ] 2 0 18 73 84 75 90 2 -2 0 19 81 79 68 94 3 I 2 16 72 90 71 99 Follower I 10 16 35 64 117 63 120 2 8 11 26 68 95 66 Il2 Model 6 3 -6 36 78 79 78 72 98 Leader Bw I 5 7 48 78 83 70 87 2 0 8 49 84 75 59 102 Leader Fw 1 14 I 7 74 88 64 110 2 0 0 10 76 92 72 91 4 -,-,,~~- ,.".--.--.,.,.-""., '~~-""""~ ~ _.^~,___v._,_ 16F3 ~l ,.' Table 3 reports the means and standard deviations of the subjective ratings of perceived exertion (RPE) (Borg, 1970) for stairchair, position, and task. Duncan's Multiple Range test was perfonned on the means to detennine the differences between mean values. The resulting homogenous subsets are indicated in the header (italic letters) of Table 3. As can be seen in Table 3, under the heading of stairchair, Model 6 had significantly lower RPE values compared to other stairchairs across all the treatment combinations. The follower position showed significantly higher RPE values than other positions while there were no significant differences between the leader facing forward and leader facing backwards positions. Finally, there was no significant difference between tasks in tenns of subjective ratings. Table 3: Summary of mean (std. dev.) RPE scales across treatment combinatIOns. Task 1: Initial Task 2: Middle Task 3: 900 Turn (LandinI!:) Position Follower Leader Leader Follower Leader Leader Follower Leader Leader ~ Facing Facing Facing Facing Facing Facing Backward Forward Backward Forward Backward Forward Stairchair (B) (A) (A) (B) (A) (A) (B) (A) (A) Modell 12.1 8.7 8.9 13.0 9.6 8.9 12.3 9.8 9.8 (B,C) (2.] ) ( 1.3) 0.2) ( 1.8) (1.3) (1.1) (3.01 ( 1.3) (I. 8) Model 2 13.8 11.3 13.9 11.6 12.4 11.9 (E) (2.8) (2.0) * (2.9) ( 1.8) * (2.3) (2.1) * Model 3 10.4 9.6 12.6 10.1 10.0 11.4 10.3 11.4 13.0 (C,D) ( 1.3) ( 1.2) (2.5) ( 1.0) (1.1) (3.1) ( 1.8) ( 1.2) (2.7) Model 4 11.8 10.1 11.5 11.6 11.3 11.0 (D) (2.6) (1.7) * (2.4) (I. 9) * (2.6) (1.7) * Model 5 9.9 9.8 9.6 10.4 10.6 9.1 9.8 10.0 10.0 (B) (2.4) (1.7) (1.9) ( 1.8) ( I. 8) (2.2) (2.1) (1.4) (2.4) Mode] 6 6.8 7.0 7.5 6.8 6.4 6.9 6.3 (A) (J .4) (0.5) (1.3) 0.0) ro. 7) ( 1.2) (0.5) ** ** * Stairchair not designed for operation in this position. ** Stairchair designed to be operated by follower alone. CONCLUSIONS Results of this paper indicate that the design ofstairchairs, coupled with an individual's anthropometry, may significantly influence working postures and applied forces experienced during stairchair transport. Ratings of perceived exertion support the notion that stairchairs designed to have the stairwell support the weight of the victim are less demanding on paramedics. Future designs of stairchairs would be well served to pay particular attention to accommodating the user. Stairchairs designed to minimize awkward postures encountered during patient transport may be able to reduce the risk of injury to emergency rescue personnel. REFERENCES I. Borg, G. (1970). Perceived Exertion as An Indicator of Somatic Stress. Scandinavian Journal of Rehabilitation Medicine, ]2, 219-230. 2. Hogya. P.T.. Ellis, L. (1990). Evaluation of the Injury Profile of Personnel in a Busy Urban EMS System. J. Emergency Med.. 8. 308-311. 3. Lavender. S.A., Conrad, K.M., Reichelt, P.A., Meyer, F.T.. Johnson, P.W. (2000a). Postural Analysis of Paramedics Simulating Frequently Performed Strenuous Work Task. Applied Ergonomics, 31. 45-57. 4. Lavender, S.A., Conrad, K.M., Reichelt. P.A.. Johnson, P.W., Meyer. F.T. (2000b). Biomechanical Analyses of Paramedics Simulating Frequently Performed Strenuous Work Tasks. Applied Ergonomics, 31. 167-177. 5. Wiker, S.F. (1989). Shoulder Posture and Localized Muscle Fatigue and Discomfort, Ergonomics. 32, 211-237. 5 '-".""",0"'0 "'''''W ..-..,~.~. ........." .----.,'..-. _ . H'_'_"_',~.,~~ 16 F3 -, Attachment B-2 Biomechanical Analyses of Paramedics Using Stairchairs EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services March 2006 , ~'~'._-,~---_......__... '"<-. ",_...,"~v_._..._,...,.._,.,..,_.,_.,.,___~.___ r - 16F3 Biomechanical Analyses of Paramedics Using Stairchairs Tycho K. Fredericks', Sang D. Choi, Steven E. Butt, and Anil R. Kumar Human Performance Institute, Department of Industrial and Manufacturing Engineering Western Michigan Universi~v, Kalamazoo, MI49008-5061, USA Abstract. The objective of this study was to analyze the biomechanical stresses placed on paramedics while transporting a victim down a flight of stairs using different designs of stairchairs. A total of six different models of stairchairs were used in this simulated study. Three components of each descent (the initial entry onto the stairs, the mid-point of the descent, the negotiation ofa 900 turn on a landing) and the carrying positions (leader backward, leader forward, follower) of the paramedics were evaluated. Results indicated that the leader forward position presented the lowest relative risk of low back disorder. Furthermore, stairchairs designed to have the stairwell support the weight of the victim significantly reduced the biomechanical stresses on the body as compared to their counterparts. INTRODUCTION While it is recognized that firefighter/paramedics (FF/Ps) perform a range of potentially hazardous manual material handling tasks (Hogya and Ellis, 1990), very few s)Stematic studies have been conducted to evaluate high-risk activities. The application of ergonomic design to fire service tasks, including emergency rescue tasks, has made very little progress. Studies conducted by Lavender et al. (2000a; 2000b), however, identified the most frequently performed strenuous emergency rescue tasks encountered by the FF/Ps. One of the identified tasks was the transportation of a patient down the stairs and around a landing using a stairchair. This study expands on that study by investigating the biomechanical stresses placed on paramedics while transporting a victim down a flight of stairs using different designs of stairchairs. METHODS AND PROCEDURES Subjects Eight male paramedics with age ranges between 20 and 47 years (mean 31 and std. dev. 8) volunteered to participate in this study. The mean height and weight of these individuals were 1.81 m (range: 1.71-1.98 m) and 101 kg (range: 58-123 kg), respectively. . Corresponding Author (Emai/: tychofredericks@wmich.edu, Fax: 1-616-387-4075, Phone: 1-616-387-6525) I ,_."--,",..~ ~~""~,.'-'--- .- -",,,.--.,,.., --~,-.,-, - - v_,_~ ' 16F3 ~~ " ,i~ Apparatus and Simulation Task The six different models of stairchairs used in this experiment are depicted in Figure 1, Prior to testing, the distribution of the load each paramedic was required to support was determined by mounting Chatillon force measurement gauges on the handles of each chair. The simulated task was the transporting of a victim down a staircase (20 steps) and a landing, which required a 900 turn. The staircase width was 840 mm and each step had a 180 mm rise and a 280 mm run. Four video cameras were positioned to provide the best orthogonal views to the sagittal and frontal planes of each subject. Trunk positions and motions were measured with the Lumbar Motion Monitor (LMM). Reflective markers were placed over the ankles, the lateral side of each knee, the greater trochanters, the acromium processes, the mid-line of the elbow, and the mid-point of the wrist breadth dimension of each subject. Simulation Procedures Prior to testing, each subject was provided with basic instruction and training on how to operate all the stairchairs. Since all the plramedics had experience with stairchairs, the training was brief. A total of six different models of stairchairs and three different carrying positions (i.e., follower, leader facing backward, and leader facing forward) were presented to each subject in random order. Three trials for each combination were collected. Data Analysis Data were collected on three task components of each trial: the initial entry onto the stairs, the mid-point down the stairwell, and the carry through a 900 turn on a landing (Lavender et al. (2000a; 2000b )). The postural data were extracted from the videotapes using the cameras with the most orthogonal view for the given task. Body segment orientations were expressed in terms of the coordinate system specified within the University of Michigan's 3D Static Strength Prediction Program™ (3DSSPP). The three-dimensional trunk postures, namely the degree of forward bending, side bending, and twisting, were obtained from the LMM. Each task component was modeled for each subject in the simulation using the 3DSSPP. Each paramedic's height and weight were entered into the 3DSSPP which then scaled the models according to these anthropometric dimensions. The forces on the handles were assumed to be evenly distributed between the two hands. Postures in the 3DSSPP were adjusted according to each subject's measured posture from the videotape. The shear and compressive forces acting on the spine, particularly the L5/S 1 joint, were computed by the 3DSSPP. The logistic regression model deve loped by Marras et al. (1993) was used to quantify the relative risk of low back disorder (LBO) based upon the trunk motion and dynamometer data. This logistic regression model used the following five factors to determine the probability that the observed task was representative of a high LBO risk task: (1) the lifting rate per hour, (2) the average twisting velocity, (3) the maximum load moment during the lift, (4) the amount for forward (sagittal) bending during the lift, (5) the peak lateral bending velocity. RESUL TS AND DISCUSSION As can been seen from Table 1, stairchair, position, task, and the interaction between chair and position all had a significant effect upon spinal stress and variables comprising the relative risk of low back disorder (Marras et al., 1993). 2 ..-.-. "",_.."..~w.._...~ .--- . 16F3 ~~~, ,".' ' " 'I . 'lo' I. " ,."~-'; iiIt~,,~ .. . ~ - MODEL I MODEL 2 MODEL 3 MODEL 4 'I "",.. i . ...... .......-.. MODEL 5 MODEL 6 Figure 1: Six models of stairchairs used in this study 3 ^._._,....._~.."w.._~^""_..~___"'.___~_~ ,- ~,.._. ~.'-'~"' ._--""'. - -_..... 16F3 Table 1: SummarIzed ANOV A results for res onse variables. Response Variable Stairchair Position Task Chair*Position F-value (D>F) F-value (p>F) F-value (p>F) F-value (D>F) L5/S 1 Comoression Force 0.001* 0.001* 0.001* 0.001 * L5/S 1 Shear Force 0.001* 0.001* 0.001 * 0.001 * A vera!!e Twisting Velocitv 0.001* 0.001 * 0.001* 0.001* Maximum Moment 0.001 * 0.001* 0.001* 0.001* Maximum Sagittal Flexion 0.001* 0.001 * 0.001 * 0.001* Maximum Lateral Velocitv 0.001* 0.001 * 0.001 * 0.001* Relative Risk of Low Back Disorder 0.001* 0.001* 0.001* 0.001* * Value of (p>F) which is less than 0.05 indicates that the effect of the factor is significant at a=0.05. Table 2 presents the summary of means and standard deviations of L5/S I compression forces as determined by the 3DSSPP for the staircrnir, position, and task. Duncan's Multiple Range test was performed on the means to determine the differences between mean values. The resulting homogenous subsets are indicated in the header (italic letters) of Table 2. As can be seen in Table 2, under the heading of stairchair, Model 6 had significantly lower compression values as compared to all other chairs. Models I and 5 were not significantly different from each other and Models 2 and 4 were not significantly different from each other. Model 3 generated significantly higher compression values as compared to all other chairs. In terms of carrying position, the leader facing forward position was determined to have significantly lower compression values as compared to the other two positions, The spinal compression force on the followers and the leaders facing backward were, on average, 48% and 53% larger than that experienced by the leaders facing forward, respectively. Tasks I and 3 generated significantly higher compression values as compared to Task 2. Table 2: Summary of mean (std. dev.) L5/S1 Comoressions across treatment combinations (Newton). Task 1: Initial (B) Task 2: Middle (A) Task 3: 900 Turn (Landin!!) (B) Position Follower Leader Leader Follower Leader Leader Follower Leader Leader --t Facing Facing Facing Facing Facing Facing Backward Forward Backward Forward Backward Forward Stairchair (B) (B) (A) (B) (B) (A) (B) (B) (A) Modell 2815 1870 1215 2087 1836 1057 1915 1828 1300 (B) (831 ) (640) (458) (777) ( 691) ( 428) (698) () 040) (777) Model 2 2996 2465 2386 2089 1608 2215 (CJ (725) (794 ) * (747) (739) * (538) (792) * Model 3 3920 2307 1716 3092 2063 1113 1881 3539 3440 (D) (1372) (794 ) (841 ) (1209) (761) (513) () 165) (1102) (899) Model 4 2433 2354 ]743 2]95 2211 2978 (CJ (716) (1008) * (738) (80] ) * (988) (2058) * Model 5 2330 2481 ]429 1625 2166 1 ]58 179] 2411 13 ]0 (B) (938) (948) (588) (707) (922) (544) (5] 0) (1337) (573 ) Model 6 129] 1391 1300 1 ]66 1024 7]8 838 (A) (839) (710) (860) (764) (443 ) (343) (385) ** ** * Stairchair not designed for operation in this position. * * Stairchair designed to be operated by the follower alone. Table 3 presents the summary of means and standard deviations of relative risk of low back disorders across the treatment combinatbns. Duncan's Multiple Range test was performed on the means to determine the differences between mean values. The resulting homogenous subsets are indicated in the header (italic letters) of Table 3. As can be seen in Table 3, under the heading of stairchair, Model 6 had significantly lower probabilities of LBO as compared to all other combinations. Model 3 was significantly different than all other models. Models 1 and 5 were not significantly different from each other and Models 2 and 4 were not significantly different from each other. All three carrying positions were significantly different from one 4 -'.~~,-----~-"'~"~---'>.,,- -~-.~~~ ...,"'. .-. -".--''''.-.----- ..,,"~ 16F3 another. The relative risk of LBD on the followers and the leaders facing backward were, on average, 31 % and 50% higher than that experienced by the leaders facing forward, respectively. Task 3 posed significantly higher risk than the other two tasks. Table 3: Summary of mean (std. dev.) of relative risk oflow back disorder (%) across treatment combinatIOns. Task 1: Initial (A) Task 2: Middle (A) Task 3: 900 Turn (LandinI!) (B) Position Follower Leader Leader Follower Leader Leader Follower Leader Leader ---t Facing Facing Facing Facing Facing Facing Backward Forward Backward Forward Backward Forward Stairchair (B) (C) (A) (B) (C) (A) (B) (C) (A) Modell 25.8 30.5 19.2 26.3 32.5 16.2 30.3 35.0 28.3 (C) (5.7) (9.6) (9.5) (5.0) (8.9) (7.9) (4.2) (7.9) (5.6) Model 2 27.7 34.5 31.8 30.7 35.2 32.8 (D) (6.4) (9.8) * (8.5) (7.3) * (6.4 ) (12.0) * Model 3 ]6.3 ] 7.3 13.3 ]4.3 18.6 9.6 22.2 32.9 39.7 (B) (10.1) (7.5) (8.8) (11.1 ) (5.2) (6.1 ) (7.8) (7.7) (8.9) Model 4 31.4 33.8 30.1 31.3 36.] 36.8 (D) (7.0) (8.6) * (7.3 ) (8.0) * (7.8) (8.9) * Model 5 30.2 33.1 20.6 28.5 34.1 16.1 31.9 33.7 26.4 (C) (10.9) (11.0) (12.4) (9.3) (9.7) (9.5) (8.4 ) (10.3) (10.4) Mode] 6 15.] 15.9 ]4.6 13.0 18.3 13.2 19.4 (A) (11.5) (7.7) (10.6) (10.1 ) (7.9) (8.3 ) (7.8) *>1< ** * Stairchair not designed for operation in this position. * * Stairchair designed to be operated by the follower alone. CONCLUSIONS Results from this study demonstrate that, although patient transport is a high-risk task, the design of stairchairs can significantly influence the biomechanical loads experienced by paramedics. Designs, like Model 6, can significantly reduce compression force (L5/S 1) and relative risk of low back disorder by using the stairwell to support the weight of the victim and chair rather than the paramedic. Furthermore, stairchairs that are designed to allow the leader to descend the stairs forward facing reduces the biomechanical loads placed on that individual. The negotiation of a 900 turn was detennined to be hazardous, thus identifying the need to develop stairchairs which can maneuver easily in tight situations. Overall, this study highlights the importance of equipment design and selection for paramedics and firefighters. REFERENCES 1. Hogya, P.T., Ellis. L. (1990). Evaluation of the Injury Profile of Personnel in a Busy Urban EMS System. J. Emergency Aled., 8, 308-311. 2. Lavender. S.A.. Conrad, K.M., Rechelt, P.A., Meyer, F.T., Johnson, P.W. (2000a). Postural Analysis of Paramedics Simulating Frequently Performed Strenuous Work Task. App/ied Ergonomics, 31. 45-57. 3. Lavender. S.A.. Conrad, K.M., Reichelt, P.A., Johnson, P.W.. Meyer, F.T. (2000b). Bio mechanical Analyses of Paramedics Simulating Frequently Performed Strenuous Work Tasks. Applied Ergonomics, 31. ] 67-177. 4. Marras. W.S., Lavender, S.A., Leurgans, S.E., Rajulu, S.L.. AlIread, W. G., Fathallah. F.A.. Ferguson, S.A. (1993). The Role of Dynamic Three Dimensional Trunk Motion in Occupationally-Related Low Back Disorders: The Effects of Workplace Factors, Trunk Position, Trunk Motion Characteristics on Risk of Injury. Spine, ] 8, 617-628. 5. University of Michigan. Center for Ergonomics (1998). 3D Static Strength Prediction Program (I'ersion 4.0) for Windows 95. The Regents of The University of Michigan. 5 _..,._....~,..,..,...h_ '."'M' ~"".._--'. 16F3 Attachment B-3 Comparison of Commercial Stairchairs using Data Envelopment Analysis EMERGENCY MEDICAL SERVICES MATCHING GRANT PROGRAM Collier County Emergency Medical Services March 2006 .',. ~_._,~. ~,..,.....-,-,,--_._._,._,.... ,-..,.---.. r """"."M.__._.,.__".__ _I'" --- - -~-,- 16F) "',. Comparison of Commercial Stairchairs using Data Envelopment Analysis Steven E. Butt*, Tycho K. Fredericks, Sang D. Choi, and Anil R. Kumar Human Performance lnstitute, Department of lndustrial and Manufacturing Engineering Western Michigan University, Kalamazoo, MI 49008-5061, USA Abstract. Firefighters and Emergency Medical Services (EMS) personnel must perform a wide array of potentially hazardous emergency rescue procedures that often include the use of specially designed rescue and/or transport equipment. One common procedure involves transporting a victim down one or more flights of stairs using a stairchair. Since there are several stairchair models commercially available, the objective of this study was to analyze and compare the performance of six different models following a scenario-based study that involved EMS professionals carrying a patient down one flight of stairs and continuing 900 through a landing. Performance of the stairchairs was evaluated based upon subjective and quantitative measures. Stairchair performance rankings were then developed from the accumulated measures via mean cross-efficiency scores developed with the application of Data Envelopment Analysis. INTRODUCTION Emergency Medical Services (EMS) personnel perfOrm many emergency and rescue tasks that put them at an elevated risk of incurring musculoskeletal injuries. One task frequently performed by EMS professionals involves transporting a patient down one or more flights of stairs using a piece of equipment called a stairchair. The objective of this paper is to compare and rank six stairchair designs (see Figure I) based on data that measures the effort and relative risk of low back disorder (LBO) (Marras, et.a!., 1993) involved in using the studied chair designs. The comparison of a group of products, such as models of stairchairs, is frequently based on the numerical values of several attributes. In many cases, some products will score quite favorably with respect to one or more attributes, and poorly with respect to others. This can make it very difficult to compare product designs, especially if the designs are based on different usability tradeoffs. To define an overall performance (or efficiency) measure for each product design, one approach is to build an "engineering ratio" consisting of a weighted sum of a product's output attributes divided by a weighted sum of its input attributes (Doyle & Green, 1994 ). However, developing such ratios is often complicated by the absence of a natural or obvious way to weight the importance of each attribute toward overall performance. Data Envelopment Analysis (DEA) can be used to alleviate the difficulty in defining a set of weights for comparison. DEA is a linear programming technique that allows each product to cluose its own set of weights so that it appears in the best possible light relative to the other products being considered. That is, each product selects the weights that maximizes its weighted output to input ratio (simple efficiency score), subject to tre constraints that the weighted output to input ratio of each product is ~ I, when subjected to the same chosen weights. - Corresponding Author (Emai/: steven bll11'l.iwmich edu Fax: (616) 387-4075, Phone: (616) 387-3746) 1 -......-.-.---. ....... ","'","- --........, ""<I V""""'<l'17 n .- " -,~~_.- . ---.'''...... ~..~---..~..'^.., 16F3 .""'~);'" " ,-';: " I ,."..,'jt+"..,"...: ,I'" f .. ~.~~-- ' ';.' "';~-~/' ',-;',} ;' ., VI tV'.' ,~ _ i ' -.. :~/IJ;;;., _ - , :*b~,.. ',_' r ~~" ~, . -~~~W- ~ MODEL 1 MODEL 2 MODEL 3 MODEL 4 "". . fII"" ",-. · ~.. MODEL 5 MODEL 6 Figure 1: Chair model designs studied. 2 __."" m._._'_,,_> ,. ,~_._. _____'~.. __..~".> .' ",________ 16F3 ~ In DEA, the maximum simple efficiency score of one (100% relative efficiency) identifies a product as a good performer relative to the other products being considered. However, Doyle and Green (1994) suggest that a simple efficiency score can be thought of as a measure of self-appraisal, which may be mis leading in that it could be based on a product performing very well with respect to only one or a few desirable attributes. Doyle and Green (1994) also suggest that an alternative measure, based on peer appraisal, can be obtained from DEA in terms of a set of cross-efficiency scores. A cross-efficiency score for product A is obtained from product B by calculating the weighted output to input ratio for product A, based on the optimal weights chosen by product B. A high mean cross-efficiency score is an ind ication of a good overall performing product design. In this paper we calculate the simple efficiency and mean cross-efficiency score for each stairchair design via a OEA model in which there is only one "input", and several "outputs" (Caporaletti, Oulla, & Womer, ] 999). METHODS AND PROCEDURES Subjects Eight male EMS professionals volunteered to participate in the data collection portion of this study. The age range of these eight men was from 20 to 47 years, with a mean of 3] years and a standard deviation of 8 years. The mean height and weight of these eight individuals were 1.8] m (range: 1.7]-1.98 m) and ]0] kg (range: 58- ]23 kg), respectively. Before data were collected, all subjects were given an orientation that included a discussion of the experimental procedures and practice runs with each stairchair design studied. Procedure Six stairchair designs (Figure ]) were evaluated with respect to three different carrying positions (i.e., follower, leader facing backward, and leader facing forward). The task performed by the subjects included transporting a victim (weight 70 kg) down one flight of stairs and through a landing. The testing environment included an open staircase with 20 steps and a landing, which required a 900 turn. The staircase width was 840 mm with each step having a ] 80 mm rise and a 280 mm run. Four video cameras were positioned to provide the best orthogonal views to the sagittal and frontal planes of each subject. Trunk positions and motions were measured with the Lumbar Motion Monitor (LMM) manufactured by Chattanooga Group, Inc. (Chattanooga, TN). This device measures the motion in the lumbar and lower thoracic sections of the spine. Data Collection Both objective and subjective measures were collected at different times during the experiment. Objective measures were collected during the trials at each of three stair positions ~initial step, mid-stair, and landing) using the University of Michigan's 3D Static Strength Prediction ProgramT (3D SSPP) and a Lumbar Motion Monitor (LM M). Postural data were extracted from the videotapes using the camera with the most orthogonal view for the given subtask. Body segment orientations were expressed in terms of the coordinate system specified within the University of Michigan's 3D Static Strength Prediction program™ (3D SSPP). The three-dimensional trunk postures, namely the degree of forward bending, side bending, and twisting, were obtained from the LMM. Biomechanical analyses were conducted on these objective measures to quantify the risk of low back disorder (LBO) (Marras, et.al., ] 993) and L5/S] disc shear and compression. Ratings of perceived exertion (RPE) (Borg, ] 970) for each chair/position combination were collected at the conclusion of each trial. Additionally, an I] -point subjective comfort scale (Shackel et.al., ] 969) was administered following three trials of each chair/position combination. (Note: a score of one corresponds to "[ feel completely relaxed", and a score of ] I corresponds to "[ feel unbearable pain"). Analysis To rank the chair designs via mean cross-efficiencies, the OEA methodology of Baker and Talluri (] 997) was employed. Three separate ranking schemes are presented based on three scenarios. The scenarios 3 ~,-~."._-~"." . ""--".- --.-.--'"'-,...., - ,,'--~'--'- 16F3 differ by the position that the leader is facing. The three scenarios include: (i) leader facing backward, (ii) leader facing forward (two models did not have the capability for this carry - Models 2 & 4), and (iii) leader facing according to the manufacturer's recommendation. (Note: for four models it is recommended that the leader should face backward (Models 1, 2, 3, & 4). The recommendation for the other two models is that the leader should face forward (Models 5 & 6).) The mean values listed in Tables I, 2, and 3 correspond to these three scenarios, respectively. Each mean is based upon an aggregation of the data collected for both the follower and leader for each chair design. The five subjective and objective measures listed in Tables 1, 2, and 3 are the outputs used in the DEA model. The input for each chair is the carrying task itself, and since it is the same for each chair, it is set at unity. Finally, since we wish to maximize desirable output attributes, the reciprocal of all five-output measures are used in the DEA calculations. The simple efficiencies and the mean cross-efficiencies calculated for each scenario are found in Tables 4, 5, and 6, along with the corresponding ranks of the stairchairs (a rank of 1 being the most desirable). Table I: Mean Values for Follower/ Leader Backward Combination. Chair Subjective Carry RPE (Borg) LBO L5/S1 Compression L5/S I Shear Model (11 point scale) (6-20 point scale) (%) (Newton) (Newton) I 4.188 10.906 30.069 2058.4 489.9 2 4.531 12.458 32.1 ]8 2293.3 491.5 3 3.938 10.292 20.278 2800.0 484.8 4 3.969 11.208 33.250 2318.9 493.4 5 3.000 10.094 31.910 2134.3 487.3 6 2.313 6.542 13.61 ] 951.7 252.5 Tabie 2: Mean Values for Follower/Leader Forward Combination. Chair Subjective Carry RPE (Borg) LBO L5/SI Compression L5/S 1 Shear Model (I] point scale) (6-20 point scale) (%) (Newton) (Newton) I 4.063 ]0.813 24.361 173 1.4 484.2 3 4.438 11.292 19.240 2527.0 482.5 5 2.750 9.823 25.611 1607.5 480.3 6 2.250 6.729 12.528 885.5 250.4 Table 3: Mean Values By Manufacturer Recommended Positions. Chair Subjective Carry RPE (Borg) LBO L5/S I Compression L5/S I Shear Model (I ] point scale) (6-20 point scale) (%) (Newton) (Newton) ] 4. ]88 10.906 30.069 2058.4 489.9 2 4.531 ]2.458 32.118 2293.3 491.5 3 3.938 10.292 20.278 2800.0 484.8 4 3.969 11.208 33.250 2318.9 493.4 5 2.750 9.823 25.6] I 1607.5 480.3 6 2.250 6.729 12.528 885.5 250.4 4 ~"~",-_.",-",- ,,'" f' ~l>~ ,_._-_.~,-^-_..-.---. , -,._~'-"'- 16F3 Table 4: Simple and Mean Cross-efficiency Scores for Table 5: Simple and Cross-efficiency Scores for Follower/Leader Backward Combination. Follower/Leader Forward Combination. Chair Simple Efficiency Mean Cross-efficiency Rank Chair Simple Efficiency Mean Cross-efficiency Rank Model (se I f-apprai sal) ( peer-appraisal) Model (se I f-appra i sal ) ( peer-appraisal) ] 0.600 0.544 4 ] 0.622 0.578 4 2 0.525 0.487 6 3 0.596 0.588 3 3 0.671 0.584 3 5 0.818 0.669 2 4 0.583 0.536 5 6 1.000 I. 000 ] 5 0.77] 0.598 2 6 ].000 I. 000 ] Table 6: Simple and Cross-efficiency Scores for Manufacturer Recommended Positions. Chair Leader Simple Efficiency Mean Cross-efficiency Rank Model Position (self-apprai sal) (peer-apprai sal) ] Backward 0.617 0.572 4 2 Backward 0.540 0.507 6 3 Backward 0.654 0.584 3 4 Backward 0.600 0.558 5 5 Forward 0.818 0.685 2 6 Forward 1.000 ].000 I CONCLUSIONS Regardless of the scenario, the design of Model 6 outperforms the other five designs. Mean cross-efficiency scores show that this type of design is a good overall performer, and Tables 1-3 further substantiate the effectiveness of this design based on individual attributes. From Tables 1-6, it is also evident that the leader forward position has an advantage over the leader backward position, for all chairs that are capable of using this position. Finally, while rankings have been assigned to each chair design based on cross-efficiency scores, it is difficult to clearly distinguish between the performances of Models 1 - 5. REFERENCES 1. Baker, R.C., Talluri, S. (1997). A closer look at the use of Data Envelopment Analysis for technology selection. Computers & Industrial Engineering, 32, 101-108. 2, Borg, G. (1970). Perceived exertion as an indicator of somatic stress. Scandinavian Journal of Rehabilitation Medicine, 12,219-230. 3. Caporaletti, L.E., Dula, J.H., Womer, N.K. (1999). Performance evaluation based on multiple attributes with nonparametric frontiers. OMEGA, 27, 637-645. 4. Doyle, J., Green, R. (1994). Efficiency and cross-efficiency in DEA: Derivations, meanings and uses. Journal of the Operational Research Society, 45,567-578. 5. Marras, W.S., Lavender, S.A., Leurgans, S.E., Rajulu, S.L. AlIread, W.O., Fathallah, F.A., Ferguson, S. A. (1993). The role of dynamic three dimensional trunk motion in occupationally- related low back disorders: The effects of workplace factors, trunk position, and trunk motion characteristics on risk of injury. Spine, 18,617-628. 6. Shackel, B., Chidsey, K.D. and Shipley, p, (1969). The assessment of chair comfort Ergonomics, 12, 269-306. 5 .~.""_._'~ ---~- "~_,,"-"- ~4._"_ ~--"---"'~ 16F3 Attachment C Transport device will aid EMTs EMERGENCY MEDICAL SERVICES MA TCHING GRANT PROGRAM Collier County Emergency Medical Services March 2006 _.,_.._~.,,- ~... _.,-''"-~---" 16F3 Transport device will aid EMTs Web posted Thursday, March 6,2003 . Have a thought? Go to the Forums or Chat. By Donnie Fetter Columbia County Bureau A new device is taking a big load off Columbia County emergency responders. The Stair Chair, made by the Stryker Corp., is designed to transport patients down a flight of stairs with little effort on the part of emergency medical personnel. Gold Cross recently purchased 10 Stair Chairs for $2,000 each and put them into use in their ambulances Thursday. 'We're always on the lookout for the latest technologies that will help us save lives," said Tom Schneider, the CEO of Gold Cross. "The Stair Chair is one of the best new inventions that I've seen in a long time, and we'll get a lot of use out of them." Columbia County Commission Chairman Ron Cross volunteers to ride the new Stair Chair that wUJ help emergency medical technicians. JIM BLAYLOCK/STAFF The Stair Chair weighs about 40 pounds and folds up so it can be easily carried by one person. When it is upright, the chair looks and moves like a standard wheelchair. A patient sits on the chair and is strapped in. EMTs lean the chair back until it rests on two 3-foot-long tracks made of Kevlar. Paramedics hold on to hand grips at each end of the chair and guide the patient down the stairs. The Kevlar tracks provide resistance against the steps to slow the descent of the patient. The more a patient weighs, the slower the chair moves.. The Stair Chair can help a patient weighing as much as 400 pounds down stairs. Gold Cross Director Dan Gates estimates the chair will be used once a week. "There's a lot of two-story houses in Columbia County, and it's real difficult to try and manhandle stretchers on stairs," Mr. Gates said. "It saves patients from possibly being further injured by us bringing them down on a stretcher, or on a chair, or, sometimes, having them walk down on their own." Reach Donnie Fetter at (706) 868-1222, ext. 109, or ccchron@auaustachronicle.com. --From the Friday, March 7, 2003 printed edition of the Augusta Chronicle --,", ... _,_.0>_ .~m~ 16F3 Attachment D Collier County Demographic Characteristics EMERGENCY MEDICAL SERVICES MA TCHING GRANT PROGRAM Collier County Emergency Medical Services March 2006 '_"'M ~^"...,.~ -- '-'-- _...,~-_.._".._-~-_........-..,--,. 16EJ Table Dp.l. Profile of General Demographic Characteristics: 2000 Geographic area: Collier County, Florida [For information on confidentiality protection, nonsampling error, and definitions, see text] Subject Number Percent Subject Number Percent Total population. .. . . .. .... . . . .. .......... 251,377 100.0 HISPANIC OR LATINO AND RACE Total population. . . . . . . . . . . . . . . . . . . . . . . . . . 251,377 100.0 SEX AND AGE Hispanic or Latino (of any race), . . . . . . . . . . . . . . . 49,296 19.6 ~~........................................ 125,856 50.1 Mexican. . . . . . . . . . . . . , . . . . . . . , . . . . . . . . . . . . . 28,382 11.3 Female. . . , . . . ... . . .. .. ..... ..... . .. . . .... .,. 125,521 49.9 Puerto Rican. . . . . . . . . . . . , . . . . . . . , . . . . . . . . . . 3.071 12 ~~5~~.............................. 13.441 5.3 Cuban . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,860 2.7 5 to 9 years .................. . . . . . . . . . . . . . . . 14,444 5.7 Other Hispanic or Latino . . . . . . . . . . . . . . . . . . . . 10.983 4.4 10 to 14 years. . . . . . . . . . . . . . .. . . . . . . . . ... . . . . 13,677 5.4 Not Hispanic or Latino. . . . . . . . . . . . . . . . . . . . . . . . 202,081 80.4 15 to 19 years. . . . . . . . . . . . . . .. . . . . . . . . ... .. . . 13,382 5.3 White alone. . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . 185,517 73.8 20 to 24 yea~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11,708 4.7 RELATIONSHIP 25 to 34 yea~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.262 11.2 Total population. . . . . . . . . . . . . . . . . . . . . . . . . . 251,377 100.0 35 to 44 years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33,458 13.3 In households. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246,587 98.1 45 to 54 years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29,515 11.7 Householder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102,973 41.0 55 to 59 yea~ . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 15.518 6.2 Spouse .. . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . 59,871 23.8 60 to 64 yea~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16,459 6.5 Child..................................... . 54,507 21.7 65 to 74 yea~ . . . . . . . . . . . . . . .. " . . . . . ... . . . .. 35.088 14.0 Own child under 18 years. . . .. . . .. .. . .. .. 43,796 17.4 75 to 84 years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21,060 8.4 Other relatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,453 5.4 85 yea~ and over. . . . . . . . . . . . . . . . . . . . . . . . . . . , 5,365 2.1 Under 18 years . . . , . . . . . . . . . . . . . . . . . . . . . 4,155 1.7 Median age (years). . . . . . . . . . . . . . . . . . . . . . . . . . . 44.1 (X) Nonrelatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,783 6.3 Unmarried partner. . . . . . . . . . . . . . . . . . . . . . . 5,261 2.1 18 yea~ and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . 201.436 80.1 In group quarters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,790 1.9 Male...... .... ... ...... .... .... ...... ..... 100,325 39.9 Institutionalized population. . . . . . . . . . . . . . . . . . . 2,294 0.9 Female. . . . .. . . . . . . . . .. . . . . . .. . . . . . . . . . . .. . 101,111 40.2 Noninslitutionalized population. . . . . . . . . . . . . . . 2,496 1.0 21 years and over. . . . . . . " .. . . . . . . . . . . . . . ... . 194,117 77.2 62 years and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . 71.479 28.4 HOUSEHOLD BY TYPE 65 years and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . 61,513 24.5 Total households. . . . . . . . . . . . . . . . . . . . . . . . . 102,973 100.0 Male... ........... ... ........... .... ...... 29,533 11.7 Family households (families). . . . . . . . . . . . . . . . . . . 71,264 69.2 Female. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31,980 12.7 With own children under 18 years. . . . . . . . . . 23,404 22.7 Married-couple family. . . . . . . . . . . . . . . . . . . . . . . 59,871 58.1 RACE With own children under 18 years. . . . . . . . . . 17.030 16.5 One race. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245.773 97.8 Female householder, no husband present. . . . . 7,445 7.2 White... ....................... ........... 216,345 86.1 With own children under 18 years. . . . . . . . . . 4,480 4.4 Black or African American. . . . . . . . . . . . . . . . . . . 11,419 4.5 Nonfamily households . , . . . . . . . . . . . . . . . . . . . . . . 31,709 30.8 American Indian and Alaska Native. . . . . . . . . . . 733 0.3 Householder living alone . . . . . . . . . . . . . . . . . . . . 25,226 24.5 Asian.................................... . 1,569 0.6 Householder 65 years and over. . . . . . . . . . . . 12,248 11.9 Asian Indian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424 0.2 Chinese. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 0.1 Households with individuals under 18 years. . . . . 25,906 25.2 Filipino................................. . 277 0.1 Households with individuals 65 years and over .. 40,560 39.4 Japanese. . . . . . . . . . . . . . . .. . . . . . ... . .. . .. . 78 - Average household size. . . . . . . . . . . . . . . . . . . . . . . 2.39 (X) Korean. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 - Average family size. . . . . . . . . . . . . . . . . . . . . . . . . . . 2.79 (X) Vietnamese. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 0.1 Other Asian 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 0.1 HOUSING OCCUPANCY Native Hawaiian and Other Pacific Islander. . . . 153 0.1 Total housing units. . . . . . . . . . . . . . . . . . . . . . . 144,536 100.0 Native Hawaiian. . . . . . . . . . . . . . . . . . . . . . . . . . 23 - Occupied housing units, . . . . . . . . . . . . . . . . . . . . . . 102,973 71.2 Guamanian or Chamorro . . . . . . . . . . . . . . . . . . 88 : Vacant housing units. . . . . . . . . . . . .. . . . . . . . . . . . . 41,563 28.8 Samoan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 For seasonal, recreational, or Other Pacific Islander 2 . . . . . . . . . . . . . . . . . . . 29 - occasional use. . . . . . . . . . . . , . . . . . . . . . . . . . . . 34,337 23.8 Some other race . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,554 6.2 Two or more races . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.604 2.2 Homeowner vacancy rate (percent). . . . . . . . . . . . . 2.6 (X) Race alone or in combination with one Rental vacancy rate (percent). . . . .. . . . . . . . . . . . . 9.8 (X) or more other races: 3 HOUSING TENURE White................................ ....... 219,705 87.4 Occupied housing units. . . . . . . . . . . . . . . . . . 102,973 100.0 Black or African American. . . . . . . . . . . . . . . . . . . . 13,778 5.5 Owner-occupied housing units. . . . . . . . . . . . . . . . . 77,825 75.6 American Indian and Alaska Native. . . . . . . . . . . . . 1,354 0.5 Renter-occupied housing units. . . . . . . . . . . . . . . . . 25.148 24.4 Asian....,................................. . 2.095 0.8 Native Hawaiian and Other Pacific Islander. .... . 286 0.1 Average household size of owner-occupied units. 2.31 (X) Some other race . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.920 7.9 Average household size of renter-occupied units. 2.65 (X) - Represents zero or rounds to zero. (X) Not applicable. 1 Other Asian alone, or two or more Asian categories. 2 Other Pacific Islander alone. or two or more Native Hawaiian and Other Pacific Islander categories. 3 In combination with one or more of the other races listed. The six numbers may add to more than the total population and the six percentages may add to more than 100 percent because individuals may report more than one race. Source: U.S. Census Bureau, Census 2000. 1 u.s. Census Bureau ..,-'"'--- --"'-~ _._.--,'-- 16 11 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MARCH 14,2006 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: (1 ) February 4, 2006 through February 10, 2006. (2) February 11, 2006 through February 17, 2006. (3) February 16, 2006 through February 24, 2006. B. Districts: (1 ) Port of the Islands Community Improvement District: Minutes of December 16, 2005; Agenda for December 16, 2005. C. Minutes: (1 ) Bayshore Beautification MSTU Advisory Committee: Minutes of Special Meeting on January 26, 2006; Minutes of February 8, 2006; Agenda of February 8, 2006. (2) Collier County Planning Commission: Agenda of February 16, 2006; Minutes of December 15, 2005; Cancellation Notice of. March 2, 2006 Meeting; Agenda for New Member Orientation of March 2, 2006. (3) Historical/Archaeological Preservation Board: Agenda of February 15, 2006; Minutes of January 18, 2006. (4) Land Acquisition Advisory Committee: Agenda of February 13, 2006; Minutes of January 17, 2006. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\3.14.06 Misc. Corresp.doc ,_""'_n _._~_ -""~.,_...'.' ".....-._~-'.._--"" . "'''-;-''-~~''''''--'''''.'~-'''..",."" 161 (5) Parks and Recreation Advisory Board: Agenda and Minutes of February 6, 2006; Agenda and Minutes of Special Meeting on February 8, 2006; Agenda and Minutes of February 15, 2006; (6) Pelican Bay Services Division: Agenda of March 1, 2006; Minutes of February 1, 2006; (a) BudQet Sub-Committee: Agenda of February 15, 2006; Agenda and Minutes of September 21 , 2005; Minutes of February 15, 2006. (7) Environmental Advisory Council: Agenda of March 1,2006; Minutes of February 1, 2006. (8) Domestic Animal Services Advisory Committee: Minutes of November 15, 2005; Minutes of January 17, 2006. (9) Vanderbilt Beach MSTU Advisory Committee: Agenda of March 2, 2006; Minutes of February 2, 2006. (10) Collier County Productivity Committee: Agenda and Minutes of January 18, 2006. (a) Operational. Efficiency and Effectiveness Subcommittee: Minutes of October 13, 2005. (11) Collier County Code Enforcement Board: Minutes of January 26,2006. (12) Forest Lakes MSTU Advisory Committee: Agenda of March 8, 2006; Minutes of February 8, 2006. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\3.14.06 Misc. Corresp.doc ._.,. '-' -...-..---------.--....-".."'. ......_.----_..~_.._- ,.......~ "," ..--"".,- 16 , 1 Clerk of the Circuit Court ,.--- Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 02/1 0106 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 4,2006 through February 10,2006. 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. Com~s: Date: 62> ...-It, l)(P ltem#:j 0 I-l A L Copies to: "-"-"._...------~-,-"",._. ,~~__'__,._o'"'~""'_....~,._,.,_...___,._""""__~_ _ ""---.....'-'",..,;,.~-,-,... 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OJ (:i!..:I..:IZ:;:OOZ~..:IE-<~Q::JCl OE-<:;:::J~..:Iu::r:SE-< 4--lHOH:;:..:I(fJ(fJE-<~ ~ .w ~H::JOQ..:I..:IO OH UO~(:i!..:IHQO HZ(fJ F:t:U'rl:;:U~QHalal..:lO 0 H Cl:;:ClUUli..li..alalU~E-<~Q QIi..~UQE-<>(:i!F:t:(fJZHli..Q(:i! u:;:o..o..QU 0 N OJ >::i' M~m~~ m~~N~m~Orl~N~~~~rlO ~mO~~~~rlrl ........ ~ ,0 ~oomm rlMN~rl~~NO~~m~rlm~~ mrlOm~~rlNO M -rl '0' ~~rl~~oo~~~ommoNrorlO~OmrlN~rl~~~romm~roo~N~ N H ...~ ~~NOM~~OOONN~~mOrlNM~NM~rlOooroOOrlMMroOrlO ........ OOrlOOOOOOOOOOOOOOOOOOOOrlOOOOOOOOOOrlrlrl N 0.. >- rlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrlrl 0 F:t: ~'"~',"'.,_._~"""~'" " _,'"',"","",',".V",.,._"".",,., .'_~~'"Mq. .,.."".,.,,,,~_..""',",,...~._~..",,,,,"'..,_.,,,...,,,_,",,,,,,,^,,,,,," "__"""",,,,._,,''\'>' .. . ""......""".'''.._...._",''_'__"r."., 16' 1 '~.~ , Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 02/17/06 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 11,2006 through February 17, 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: tJ3 -11-DiP ltem#:l~ r l A;}- Copies to: ~.""_"""h"_~"""",.'",,',~,,,_ ... 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(D " IV -.J ...... IV o o en ~, f-' K f-' f-' C 0 ~ ~ i;; oc<: .. n ... n U1 ..~'.""- '^..." ~.".,-"",~,., 02/27/2006 AP Line Item Report for Payroll 2 AP Line item Report for Payroll Operations Mgr. y@pj&$if AbdSlliHt....HUffiB@r.......Sf ...R.hih'iffar....ar.......8r...i....... .................................................. q;tg~#il;pg.........). Q$:pP9I~99;.. .............................................................. .......,..,.......................................... ~~YID&nt..?fuq@ti& .. .... ........ .... .... .-... . ...........................,..................... 1084 Fifth Third Bank 2,356.42 02/13/2006 2000098545 101405 HASKINS INC 136,852.30 02/13/2006 2000098548 106703 WILSON MILLER INC 33,760.39 02/13/2006 2000098549 100627 COLLIER COUNTY PUBLIC SCHOOLS 432,937.60 02/14/2006 2000098550 103648 DISTRICT SCHOOL BOARD OF COLLIER 111,625.00 02/14/2006 2000098551 103795 CDWG 904.00 02/14/2006 2000098552 106077 APAC 289,423.16 02/14/2006 2000098553 101190 FLORIDA UNEMPLOYMENT 8,929.52 02/14/2006 2000098554 101764 KRAFT CONSTRUCTION 1,352,088.12 02/15/2006 2000099008 100677 COMMUNICATIONS INTERNATIONAL INC 719.39 02/15/2006 2000099009 100848 DISTRICT TWENTY MEDICAL EXAMINER 34,000.83 02/15/2006 2000099010 107329 MOTORS & BEARINGS CONCEPTS INC 4,016.17 02/15/2006 2000099011 110401 CORE SERVICES LLC 25,636.80 02/15/2006 2000099012 1084 Fifth Third Bank 24.86 02/16/2006 2000099030 100677 COMMUNICATIONS INTERNATIONAL INC 6,282.33 02/17/2006 2000099031 103795 CDWG 6,353.00 02/17/2006 2000099032 104031 WAYNE WILES FLOOR COVERINGS 856.00 02/17/2006 2000099033 104573 GREELEY & HANSEN LLC 27,620.88 02/17/2006 2000099034 104919 HERMAN MILLER WORKPLACE RESOURCE 7,622.91 02/17/2006 2000099035 109260 WORKPLACE RESOURCES 1,558.80 02/17/2006 2000099036 110401 CORE SERVICES LLC 25,737.60 02/17/2006 2000099037 100327 BANK OF AMERICA N.A. 68,828.06 02/17/2006 2000099038 100327 BANK OF AMERICA N.A. 0.00 02/17/2006 2000099038 .0' O.,"'~4_._,_,..."..."~..,..'_'_M~._,__._,~.~,",.".".~.'~~"_ 1 6 , 1 ....j Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 02/24/06 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 16, 2006 through February 24,2006. 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. 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GW;-pg......@9P}.. *~ri99P 1084 Fifth Third Bank 2,356.42 02/13/2006 2000098545 101405 HASKINS INC 136,852.30 02/13/2006 2000098548 106703 WILSON MILLER INC 33,760.39 02/13/2006 2000098549 100627 COLLIER COUNTY PUBLIC SCHOOLS 432,937.60 02/14/2006 2000098550 103648 DISTRICT SCHOOL BOARD OF COLLIER 111,625.00 02/14/2006 2000098551 103795 CDWG 904.00 02/14/2006 2000098552 106077 APAC 289,423.16 02/14/2006 2000098553 101190 FLORIDA UNEMPLOYMENT 8,929.52 02/14/2006 2000098554 101764 KRAFT CONSTRUCTION 1,352,088.12 02/15/2006 2000099008 100677 COMMUNICATIONS INTERNATIONAL INC 719.39 02/15/2006 2000099009 100848 DISTRICT TWENTY MEDICAL EXAMINER 34,000.83 02/15/2006 2000099010 107329 MOTORS & BEARINGS CONCEPTS INC 4,016.17 02/15/2006 2000099011 110401 CORE SERVICES LLC 25,636.80 02/15/2006 2000099012 1084 Fifth Third Bank 24.86 02/16/2006 2000099030 100677 COMMUNICATIONS INTERNATIONAL INC 6,282.33 02/17/2006 2000099031 103795 CDWG 6,353.00 02/17/2006 2000099032 104031 WAYNE WILES FLOOR COVERINGS 856.00 02/17/2006 2000099033 104573 GREELEY & HANSEN LLC 27,620.88 02/17/2006 2000099034 104919 HERMAN MILLER WORKPLACE RESOURCE 7,622.91 02/17/2006 2000099035 109260 WORKPLACE RESOURCES 1,558.80 02/17/2006 2000099036 110401 CORE SERVICES LLC 25,737.60 02/17/2006 2000099037 100327 BANK OF AMERICA N.A. 68,828.06 02/17/2006 2000099038 100327 BANK OF AMERICA N.A. 0.00 02/17/2006 2000099038 -.-"-_.. .....,.,. ~".,-'""'- t611 N - ~romOrlNM~~~~rom~romoN~~~rlNM~~~OrlNMM~~~~romOrlNM~~ >> ~~~~~~~~~~~~~mmmOOOOOMMMMMM~~~~~~~~~~~~~~~~~ ~ OOOOOOOOOOOOO~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ D mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm . 00000000000000000000000000000000000000000000 ~ 00000000000000000000000000000000000000000000 # 00000000000000000000000000000000000000000000 rl 00000000000000000000000000000000000000000000 U NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 00000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000 H NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN m ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ rlrlrlrlrlrlrlrlrlrlrlrlrlNNNNN~~~MMMMMM~~~~~~~~~~~~~N~~~ NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN m ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN o 00000000000000000000000000000000000000000000 .,-1 .j..J :'W: m ~ ~No~oro~mm~rlN~~rorlroOrlmrlmmOmOO~O~~OM~OOm~OmOrlON H . rorlN~~~~m~~rl~OMm~NOO~~~~OmOM~~O~ONrlO~mm~~ooom WO: ~ E rom~o~~oMroOOM~NrlMNOMroNOMN~OO~ro~MoMmO~rlONOOO~N o . rl~mrlro~~~o~NMO~rororo~roMM~~MNOM~N~~ M~O~N~~NO~~ro ". ~~N~rlNrlm~~O~~mMo~~Noro~moN~NNMO~ o~~~~~mmo~~o rlJ.;): - -------------- ------- ------ - ---- ---- rl ~ rl MrlNrl~ro~MN~Nroro~ NrlOrlrl~M ~M~NN~ rl ~ororl rlmro 0 o W rlrl~ 0 m~ ~~rl ~~~~ ~ rl~ rl N M ~ 0 rl H 8,'.: 0 ~ rl rlrl Mrl rl rl ro >,:>.; - - rdH(\l: rl rl P.. tJ1 0,: ~ ,. 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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: February 27, 2006 RE: 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 December 16, 2005. Thank you :Ispeciallspecial Misc. Corres: Date: D.3 -tt-D~ Iten; -> ({o r. L ~ L Cc +,~...,",,,,..,,_.;_...---_._,........-,_..",~-,,---......_-~.,,....,,.,,-,," 1611 '''''1 "i '. '''~ ,~, - '"I. .~~ Port of the Islands. " Community Improvement District Severn Trent Services, Management Services Division 210 North University Drive, Suite 800 ~ Coral Springs ~ Florida 33071 (954) 753-5841 ~ (954) 796-0623 fax February 21,2006 Memorandum To: Tim Stephens Port of tbe Islands C.LD. 12600 Union Road Naples, Florida 34114 Reference: Minutes of Meeting held December 16, 2005 and Approved January 27,2006 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) 753-5841. 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 /jms <"--._- - 1611'--W~ 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, December 16, 2005 at 10:00 a.m. at the Egret Room, 25000 Tamiami Trail, Naples, Florida. Present and constituting a quorum were: Richard Gatti Chairman Dale Lambert Vice Chairman (Via Telephone) Ted Bissell Assistant Secretary Norine Dillon Assistant Secretary Richard Ziko Assistant Secretary Also present were: John Petty Severn Trent Services Dan Cox Attorney Ron Benson Engineer Tom Mack Staff Christopher Shucart POI Hotel & Marina James Shucart POI Hotel & Marina Samantha Marchand POI RV Resort Bruce Holecek POI RV Resort David Lawrence The Sunstream Group Barry Beagen Resident Roger Ducoffre Resident Barbara Lagasse Resident Duane Otto Resident Peter Saalprank, Sr. Resident Numerous Residents FIRST ORDER OF BUSINESS Roll Call Mr. Gatti called the meeting to order and Mr. Petty called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the November 18,2005 Meeting Mr. Gatti stated each Board member received a copy of the minutes of the November 18, 2005 meeting and requested any additions, corrections or deletions. Ms. Dillon stated on Page 13 in the motion box, , 16' should replace' 15'. On Page 17 in the tenth paragraph '$16,000' should replace '$1,600. ~.. '."~ ""... ,.. . -"~"'-- ."...'.--............,., "'-'-"-,,~ ..------ 161 1 ,.-/ -. ,..; ,\ December 16, 2005 Port of the Islands C.!. D. , On MOTION by Mr. Ziko seconded by Mr. Bissell with all in favor the minutes of the November 18, 2005 meeting were approved as amended. THIRD ORDER OF BUSINESS Ratification of Resolution 2006-01, a Resolution Amending the Port of the Islands Community Improvement District Debt Service Fund Budget for Fiscal Year 2005 Mr. Gatti asked can you give the Board an overview ofthis resolution? Mr. Petty responded at the end of the year we ask for a resolution to amend the budget to what actually occurred during the year, and there were changes in the debt service fund budget, which are noted in the attached Exhibit A. We are asking the Board to ratify this resolution in order to clear all the actions of this past Fiscal Year. Mr. Cox stated much of this was precipitated by the pre-payment and delinquent payments we received. As you can see, the debt service fund improved substantially from what it has been in the past. Mr. Bissell moved to approved Resolution 2006-0 I amending the Debt Service Fund Budget for Fiscal Year 2005 and Mr. Ziko seconded the motion. Mr. Benson stated the debt service fund statement on the financials we received for this meeting shows the revenues as of November 30, 2005 at $883,900. Mr. Petty stated these figures are different from what is on Exhibit A because the update was done after the financial statements were done. On VOICE vote with all in favor the previous motion was approved. FOURTH ORDER OF BUSINESS Open Items Equipment Inventory Mr. Ziko stated since Mr. Stephens and Mr. Dick are not in attendance, we will hold off on this item. 2 '1- 161 1 '..1 , December 16, 2005 Port of the Islands C.I. D. Reuse Water for Irrigation Mr. Benson stated there were questions with regards to what certain companies charged last month, and some of this related to reuse equipment. One pump, which was to be delivered COD and had to be insured is still outstanding, but may have come within the last few weeks. The electrical contractor gave us the anticipated proposals. We should have received a proposal either yesterday or today from the mechanical contractor who installed the pressure equipment. We originally thought on-site staff would do some work, but the contractor will do all the installations since we are short-staffed. This installation should occur next month. The last piece of equipment to be delivered in February or March 2006 is related to wastewater treatment plant modifications, and may be part ofthe first open item. Mr. Ziko asked how does this tie in with the work going on in Newport Cay, and have all the people been notified there are going to be two separate water lines going through their drives? Mr. Benson responded we currently have potable water for irrigation which will have a non-potable water source. I sent the information to Mr. Dick after the last meeting as to which homes will be affected, and I am not sure if Severn Trent sent the notification letters. Mr. Gatti stated everyone in the neighborhood is aware of this and we have all been checking to ensure everything is being hooked to the correct meter. Mr. Benson stated I do not believe the meters were hooked up yet. Mr. Gatti stated I am aware of this, but this is currently the main concern. Ms. Dillon stated we also want to ensure residents receive a letter regardless of what you believe they may know. Mr. Benson asked since Mr. Dick is not in attendance and he was handling this, do you want me to comment on the remainder of the project now or wait until we get to my report? Mr. Ziko responded you can comment when we get to the Engineer's report. Fire Station Mr. Ziko asked since Mr. Mack and Mr. Cox are handling this, do either of you have anything to report? Mr. Mack responded we are waiting on the appraiser. Ms. Dillon asked did you receive the appraisal? Mr. Cox responded yes. 3 - .-------.-...-- .......~'.,,"..- n'...__,.,_.~ 16 , 1~' J ,j' . December 16, 2005 Port of the Islands c.I. D. Mr. Bissell stated my telephone was out of order when you emailed the appraisal. Please email me another copy. Mr. Gatti did not receive a copy as well. Mr. Cox stated appraisals were $155,000 for 1 and four-tenths of an acre south of Route 41 near the staging area and $130,000 for 1 Yz acres north of Route 41 near the wastewater treatment plant. Mr. Ziko asked where do we currently stand? Mr. Cox responded I believe you have enough funds to purchase either one of the parcels. It is a matter of preference for you and the fire department as to whether or not the south parcel is worth an additional $25,000. As a reminder, the offer was to donate the parcel near the wastewater treatment plant, and use the appraisal as a basis for a tax deduction. For tax purposes, do you need this transaction to be finalized for this year? Ms. Marchand responded you should probably ask Mr. Holecek. Mr. Ziko asked is the offer still available? Mr. Holecek responded I am not sure of the details of the offer. Mr. Cox stated there is a three-acre property between Union Road and the edge of your property south of the wastewater treatment plant, and we are interested in purchasing 1 Yz acres for the appraised value. Ms. Marchand stated it involved two parcels, which were divided in half because you thought the District may purchase a part of it for future facility expansion. Was this a separate parcel? Mr. Cox responded this is the one for the fire station. Mr. Petty stated I believe she is referring to the appraised value. Mr. Cox stated they are equal and will cost $130,000 for each parcel. Ms. Marchand asked is the entire section worth $260,000? Mr. Cox stated that is correct. Ms. Dillon stated the property specified in the proposal was to be donated to POI in order for us to erect a fire station in Collier County. Once the property is deeded over, we can build the fire station itself exclusively for POI, and it is possible to have EMS personnel there as well. Ms. Marchand asked are there any indications as to what you will allow them to do? Ms. Dillon responded we cannot become a training facility, and we set some stringent guidelines. 4 16 , 1~& December 16, 2005 Port of the Islands C.I. D. Ms. Marchand stated we must decide if the District should buy it or ifit should be deeded to Collier County. Mr. Mack stated the County felt it was better to go through them. Mr. Gatti asked is the property still available under the original offer? Ms. Marchand responded yes. Mr. Gatti asked is it possible you are going to proceed at the next meeting? Mr. Holecek responded Ms. Marchand recently made me aware of conditions and terms which I never heard of before. I am not aware of all the details of this fire station, let alone the terms and ramifications. I need to become more educated on this. Mr. Gatti stated the terms and conditions proposed protect your area as well as the rest of the community. We do not want to see a training facility, and you may see something which will serve your interest as well. Mr. Cox stated Mr. Benson has some overlays which show the actual facility or probable facility based on what was done at other locations. Entrance Monuments Mr. Ziko asked do you know what is going to be done? Mr. Benson responded we all saw the renderings of the signs, which were emailed to the Board. I intended on approving and telling the sign company to proceed with the work. However, Mr. Ziko and other Board members had a comment on this. Mr. Ziko stated we thought the sign on the other side should be called 'Union Road', not 'Port of the Islands'. Mr. Benson stated since Severn Trent is handling this, I am not sure whether or not they gave offers to the company based on the Board's consensus. Mr. Gatti asked is the Board comfortable proceeding with this? Mr. Ziko responded we should wait until we get a status report from Mr. Dick. Mr. Benson stated Mr. Cox previously mentioned there are certain things County ordinances allow these signs to say, of which one is 'Port of the Islands'. It probably cannot say anything commercial. Mr. Ziko stated 'Union Road' is only the road's name. 5 ~..._.,-", --,,".' _.'.'.....<_c,_'_'"_.,,'__,.._, portoflle~anlsJlI.D~ ", December 16, 2005 Mr. Cox stated in terms of how we are approaching this permitting, in order to get the number of signs in proximity to each other, they must be residential subdivision signs with a unified theme. Mr. Ziko stated the original email stated 'The Cays', which was rectified. Mr. Bissell stated perhaps we can request the County put up these signs on the side of the road. I have seen these signs in several places throughout the County where they identify the roadway. Mr. Ziko stated the sign which says 'Union Road' is appropriate to put at the entrance of Union Road. Mr. Bissell stated there are other rectangular signs before you come to the intersection. Mr. Gatti stated I do not think we want this type of sign out there. Mr. Benson stated I believe the CID is allowed to put up these street signs. Mr. Petty stated the signs cannot be put up on Tamiami Trail. Mr. Gatti stated it sounds as though we can take action on this. Ms. Dillon stated we did take action. Mr. Gatti stated we can direct staff to proceed. Mr. Petty stated I spoke to Mr. Dick before he went on vacation who told me staff has proceeded. Portable Generator for Sewage Lift Stations Mr. Ziko asked are these all in place? Mr. Benson responded I believe Mr. Dick reported last month after working with Mr. Stephens on this, the generator which is not yet installed is the one at the well field. A special well field generator is required here by the DEP. This generator required a filter to be placed before the generator can be set as it is located in a low level area. I understand Mr. Stephens is going to use the backhoe for this. However, I do not believe the work was done yet since he has been busy with hurricane recovery as well as being short-staffed. The electrical contractor is going to install the generator at the same time they are doing work on the reuse pumps. Therefore, we were able to get a reasonable price for doing both jobs together. Mr. Lambert asked is it possible to contract purchase of the bath board since Mr. Stephens is busy? 6 161 1 .14 1 '- December 16, 2005 Port of the Islands c.I. D. Mr. Benson responded it is a small job which involves a small amount of filter to be placed on property owned by the District adjacent to the berm and the road out there. Ifwe hire a contractor and ask him to pull permits, we are going to start increasing the amount of permits we may need for a small job. Mr. Gatti stated we should direct Severn Trent to make this a high priority on Mr. Stephens list and proceed. Mr. Benson stated one of my staff is working directly with Mr. Dick on this project, and will work to get it done when he returns from vacation next week. Mr. Ziko asked is the portable generator for the lift stations on site, and if so, where is it? Mr. Petty responded Mr. Stephens needs to answer this question. However, I know where he stores the portable pump, and if he received a generator within the last 60 days I assume he would keep it next to the portable pump with the rest of his equipment. Mr. Benson stated we were waiting on final delivery of one for the well field. I do not remember what the optics for POI was with regards to the other generator. Mr. Ziko stated this is going to be held over to next month. DEP Letter - Compliance Inspection Report Mr. Ziko asked has this been taken care of? Mr. Benson responded we discussed a letter which Mr. Gatti received outlining new rules on disinfection at the last meeting. Last month I stated we were going to take care of this and send the proper documentation which the DEP requested by the end of the calendar year. As I previously stated, you meet the requirements necessary for sufficient disinfection based on this new rule. We have to include this in the report, and you have to sign, seal and send it in. Ms. Dillon stated Severn Trent Services was going to handle the emergency preparedness plan. You should check with Mr. Dick on the status. Mr. Petty stated Mr. Dick is still working on this. Therefore, it is not complete. Mr. Ziko asked was it supposed to be complete by December 31 st? Mr. Petty responded yes, and both Mr. Dick and Mr. Gosckcki told me it will be complete by December 31st. Mr. Ziko asked can you send an email telling me when it will be complete in order that I am aware we are in compliance by December 31 st? Mr. Petty responded I will pass your request to Mr. Goscicki and Mr. Dick. 7 "." _.- .._,-.." .--'.-.'"....----......-...- 1611 '" .~ ~ ~-.-; December 16, 2005 Port of the Islands c.I. D. Mr. Ziko stated this has been going on since February, and it is reasonable to complete by December 31 st. Everglades Restoration Mr. Ziko stated it seems as though much of the money from this project has been diverted to the restoration which resulted from Hurricane Katrina. Therefore, they will inform when this restoration will resume as soon as possible. Port of the Islands Mosquito Control Mr. Petty stated I am aware of the history of this project. Mr. Ziko asked can you give us any idea what can be done? Mr. Petty responded this has been researched many times since the early 1990s, and the County forbids this. You are situated too close to the protected areas of the Everglades, and if we spray, the wind will automatically blow the chemicals into those protected areas. Mr. Ziko stated we understand this, but the problem still needs to be resolved. Mr. Petty stated we have this power within the District, and we implemented this through applications by staff. Mr. Ziko stated I understand staff currently has concerns with spraying for mosquitoes. Mr. Petty stated staff can do whatever you allow and fund them to do in accordance with State laws in relation to the chemical applications in this area. Ms. Dillon stated when we discussed this at the last meeting, he was trying to get additional people certified to spray chemicals. Mr. Petty stated this is a good idea so we do not have to rely solely on Mr. Stephens permit. Ms. Dillon asked do you know the status? Mr. Petty responded you should always encourage your employees to obtain as many credentials as possible in order to provide service to the community in relation to their field. How many field operators do you have on site? Mr. Ziko responded as of the last meeting we had one field operator, and Mr. Dick was supplanting him with people from Severn Trent Services. Mr. Petty stated there is someone there today. Mr. Ziko asked is he a Severn Trent employee? Mr. Petty responded I did not ask him. Is it possible he is a POI employee? 8 1611~~ December 16,2005 Port of the Islands C.!. D. Mr. Ziko responded Mr. Stephens is a POI employee. However, we will discuss this with Mr. Dick when he returns. Proposal for Operation of Water & Wastewater Facilities Mr. Cox stated we were going to try to have those in today. When I returned last month I realized we did not revisit the draft proposals for plant operations. There were some questions about this previously, and one of the bidders had difficulty obtaining information. Therefore, we wanted to create a different plan, and somehow Mr. Benson's and a few other important addresses got tagged as spam in my email, and I thought I did not hear from him for approximately eight days. It may actually be February before we can open the bids because it still needs quite a bit of work before we actually put this out for bid. Discrepancy Between Gallons of Water Pumped and Gallons Billed Mr. Ziko asked have we been able to establish procedures where we can check on this more closely than in the past? Mr. Benson responded we are replacing water meters in certain sections toward the end of the area where we are currently working. Some of the oldest meters in the ground have been replaced, which may have helped. When we were working on the water line project by the North Hotel, I discovered a line which was questioned in the past if it was metered and goes to the swimming pool. Last month we authorized a change order for this work. We replaced the line, and at this point if the hotel claims not have water to a certain area where it previously ran, it is because it was not metered. Mr. Ziko stated we receive our water bills every month. Is it possible to set up a process of checking how much water goes out of the plant either on a monthly, bi-monthly or quarterly basis? This discrepancy showed up and I do not believe we had a reading on it since then. Mr. Petty responded the water plant is required to take readings of how much water is produced on a daily basis, and the records are available to you. Therefore, to compare them to the consumptive use for each month is asking for nothing more than a billing register from Severn Trent Services. Mr. Ziko stated this is what we thought, but we have not been able to receive it. Mr. Benson stated I obtained those records from your office when I did the Engineer's Report last year. I did a comparison, which showed we had a high percentage of water not accounted for. Mr. Stephens and I will get together to resolve this issue. 9 , ...~...,~".._-, '~~"-~""'_~__b.""'''._ ... --,--...-- .~..,-_.,'--'.._-- December 16, 2005 lQ1l'. Port the sian .1. D. Mr. Petty stated when Mr. Benson and I worked together we did this on a monthly basis, and reported our findings to the Board. Mr. Benson stated Severn Trent should handle this. Mr. Ziko asked can you do this for two or three months to enable us to see where we stand since we have not had a recent report? Mr. Petty responded I will pass this along to Mr. Goscicki. You are asking for a water audit on a monthly basis to show consumption against billables. This has been an issue at POI historically because you are dealing with 40-year old pipes which have no prints. Tracking down these areas and putting in meters has been a priority in this District since 1990, and every time we discovered an unmetered line, a new one was installed. However, as you are digging up the lines to the north, you find lines which you previously were unable to find. Mr. Benson stated the oldest section of line is more than 40 years old, which are currently being replaced. According to the developer, the code will be changed shortly, which may help us. Ms. Dillon asked does it make sense to do this audit now or should we wait until some of those lines are in? Mr. Ziko responded we can probably wait until after Newport Drive is complete. Mr. Cox stated you can probably get the last three or four months in order to have a baseline to work with. Mr. Petty stated I can highlight two or three months, but a water audit cannot be done on a monthly basis due to the possibility of misreads within a month. It must be done over a longer period. Mr. Ziko stated we requested a statement be put on the water bill to boil water in case we have zero pressure. This was not noted on the last water bill I received, and it covered 18 days. The previous water bill covered 38 days. Is it possible to make this consistent? Mr. Petty responded this is the way POI is set up, and it has money for the first time since its inception. According to your contract, the amount we charge for doing utility billing is inexpensive, and you are the last District on the list. We provided the service without charging the standard fee. This is going to be the issue we will discuss when we do the budget this year. POI is asking for services which a growing community wants, and we have not been able to provide much of these because of the fact that there was not enough money. However, since you 10 I 1611....~ December 16, 2005 Port of tli slands c... ' . recovered from some issues you may want to consider those services and what you are willing to pay for them. Mr. Ziko stated there is a big discrepancy when you go from 38 days to 18 days. Mr. Petty stated the hurricane caused many problems. A team of approximately three people were handling utility billing for approximately 10 districts along with being shut down for a period of time. They are in the process of catching up, and POI was on the list which we processed in order to start another month. Your future bills should be fairly regular, barring any emergencIes. Grant from SFWMD Mr. Benson stated we have not heard from them. Therefore, I will probably have to call them and follow up. Install Missing Reflectors for Fire Hydrant Location Mr. Ziko stated Mr. Dick was handling this, and I believe he received a supply of them. Therefore, they are probably ready to go in place. Paint Fire Hydrants Mr. Ziko stated Mr. Dick was also handling this. Truck Decals Mr. Ziko stated I have not seen any POI decals on the trucks. Has anything been done? Mr. Petty responded I have not received an update from Mr. Dick. It was my understanding Mr. Stephens was going to check with a local sign company in Naples. We will provide the logo and the artwork in order for them to do a cutout of the sign. Mr. Benson stated he already ordered them. We are just waiting for him to get them put on. Portable Defibrillator Ms. Dillon stated Mr. Burgeson has still not returned my calls. However, I will continue to try and get in touch with him. Review of Funds taken in from Back Payments Mr. Cox stated we have to get those memos. Auditor Fees Mr. Ziko stated we asked Mr. Goscicki to handle this one year ago. He was supposed to get a contract with this auditor, we authorized it and nothing has been done. Mr. Petty stated in your package today there is such an agreement for the Board's consideration with the auditor. 11 . ~-,_...~'" <-,~-,'---"---."_. 11- December 16, 2005 Port 01e6a s .1. D~ - Mr. Ziko stated the agreement was already considered last December and it was approved by the Board. Mr. Petty stated you get a new agreement each year. As a matter of fact, in the legislative session which took place last summer the audit rules changed. In the past, your manager selected your auditor. Since there is supposed to be an independent audit, the legislators came down with a new rule which states only the Board can do this from their Auditor Committee position. Therefore, you will sit as a Board during the regular meeting, and you will either appoint a selection committee or you will be part of the selection committee. This is going to be done in a fashion as dictated by statute based on qualifications or other issues important to the District. The process is similar to selection of your engineer. Mr. Ziko stated what you are describing is found in the motion we put forward at the December 17, 2004 meeting, in which we contracted this auditor for three years. Mr. Petty stated this is why you have a letter to agree to today versus going out for request for qualifications. Mr. Ziko stated we never signed a contract which was supposed to be attached to this motion. We have never seen anything from Severn Trent indicating this company is our auditor. Mr. Petty stated you are asked to sign this letter every year. Therefore, I believe you are referring to the original three-year contract which was signed in 2004. Mr. Bissell stated I do not believe we ever agreed to a three-year contract. We were going to have a one-year contract, see how it worked out, and then decide if we were going to agree to three years. In January 2005 we directed Severn Trent to negotiate a contract with the auditor, which was never done. We also agreed on $4,750, which they increased to $5,500. Ms. Dillon stated their initial proposal to us was less money than what suddenly appeared in this contract. Mr. Petty stated the law changed which means you cannot hold them to the audit price of the prior year. Mr. Bissell asked when did this law change? Mr. Petty responded they have been changing for three years each year. The issues which the auditor is required to audit increased considerably because of GASB 34, which came about last year. Mr. Ziko stated we were aware of this. We signed the proposal. 12 1611'" December 16, 2005 Port of the Islands C.1. D. Mr. Petty stated the proposal you are referring to was for fixed assets and the beginning of GASB 34. They also increased the monitoring, thereby creating a new audit section which has to be done. Mr. Bissell asked when was this passed? Mr. Petty responded it passed last year. Mr. Bissell stated we are referring to January 2005. Mr. Ziko stated there is a sentence in their proposal which states, "Our firm is well prepared to guide district management through the intricacies of GASB 34". This is what we are going by and they already included GASB 34. Mr. Petty asked when did you receive this proposal? Mr. Ziko responded it is dated January 25, 2005. Therefore, GASB 34 was already in effect. Mr. Petty asked does this refer to your audit for Fiscal Year 2004? Mr. Ziko responded this is their proposal. Mr. Gatti asked what is the Board asking Mr. Petty to give us in order to resolve this issue? Mr. Petty asked are you asking for approval of a proposal which was given to you one year ago? Mr. Ziko responded we approved it, but Severn Trent never signed the contract or if it was signed, it was never shown to us. Mr. Bissell stated if we signed a contract we would not have this problem. Ms. Dillon stated there is a definite difference in the amount of money as well. Mr. Gatti stated please look into this and get us an overall picture. I believe you understand the Board's concern. Mr. Petty asked do you have in the minutes that it was approved in January? Mr. Ziko responded it is noted here. It was approved in December 2004. Mr. Bissell stated we directed Severn Trent to negotiate a contract in January 2005. Mr. Ziko stated Mr. Goscicki told us we had to go through the auditor selection process, approve the one we agreed was most qualified, which we did. We passed the motion and we never saw anything after this. 13 ----""_....--....<." ^...--""""'--....- "'''~-_. --,.._~-~~--- Port of the Jant>c.l J .;:;, ,,,,f' it December 16, 2005 " . Mr. Gatti stated please track this down and either you or Mr. Goscicki should address the Issue. Mr. Lambert asked how long will it be before we have to get the auditors started on the process? Mr. Petty responded we have time. Mr. Ziko stated last year the audit went out three months late due to the fact that we had to prepare for the work to be done. I do not want this to happen again. Mr. Cox stated I wrote a letter with regards to the 2004 Audit. Mr. Gatti stated Mr. Petty, please make this a priority. Mr. Bissell stated Mr. Cox, check to see if Severn Trent went through with our directive to negotiate the contract as of January's Board meeting. Research Capacity of Facilities with Possibility of Adding Additional ERCs Mr. Gatti stated this item was tabled and I believe we will leave it this way for the time being. Mr. Lambert asked was this item on hold? Mr. Gatti responded yes. Mr. Bissell stated at the last Board meeting Mr. Lambert was going to speak to the Stella Maris Board President. Did this take place? Mr. Lambert responded I had to leave before I was able to get in touch with him. Mr. Bissell asked should we get in touch with code enforcement and let them handle it? Mr. Lambert responded that is your choice. Mr. Bissell stated it is the Board's choice. Mr. Lambert stated we can make it a choice, if we care to. Ms. Dillon stated we spent much time last month discussing liability issues. We should advise them of the situation and get some sense of how they feel about this. For the benefit of the audience, we are referring to the signs at the end of Stella Maris Drive off the tees. One side had stakes in the ground to prevent cars from driving through, and someone from Stella Maris decided to remove them. This situation leaves questions of easements, who owns the property as well as the possibility of considerable liability issues if someone drove through the sign and into the canal. 14 161 1 " ., December 16, 2005 Port of the Islands C.I. D. Mr. Ziko asked since the roadway belongs to a Stella Maris association, what liability will we have? Mr. Cox responded we accepted responsibility for maintenance of the roadway, the asphalt surfaces and the drainage associated with our drainage facilities. We do not have this liability. However, we can assume the liability. Mr. Ziko asked will responsibility go to the Stella Maris HOA if something happens down there? Mr. Cox responded that is the likeliest scenario. Mr. Benson stated we do not have an easement in this section of the road. Mr. Lambert stated I will try to find an HOA Board member to relay this information when I return for the holidays. Ms. Dillon stated we should not drop this without speaking to them. Mr. Bissell stated I tried to discuss this with the Acting President of the Board without success. There were signs on the other side, and the people who originally purchased the property removed them after a couple of years, and left them laying in the gutter. I brought them to Mr. Stephens. We have three signs noted on the development permit. We can decide whether or not to put the signs back there, and that is the issue of liability. Mr. Gatti stated if we decide to do this, we are assuming the liability. We do not have an easement there and therefore, we do not have liability. Is that correct? Mr. Cox responded you have the liability to handle this in a reasonable manner, which is to notify the responsible party of your concerns. Mr. Gatti stated Mr. Lambert will notify the HOA. FIFTH ORDER OF BUSINESS Discussion of a Public Hearing to Adopt a Resolution Setting Rules for Utility Rates Mr. Gatti asked do you have any information on this? Mr. Petty responded the earliest date you can hold this is at the January Board meeting since we must meet State requirements for publicly noticing this meeting. Mr. Cox stated that is the date of our actual Public Hearing and ultimately adoption of some form of a rule which we discussed at the last meeting. When we returned from the holidays and tried to commence this process we did not have enough time between then and today to advertise because there is an additional advertisement period for the adoption of the rule. 15 ..^.~_.".,-~~-- """,,,_~~'..>r -~'._",","~""---'""~,,, ......._.~."--,-,.---- 161 h ...~ December 16, 2005 Port of the Islands c... " Mr. Ziko stated this was supposed to be done at the last meeting and Mr. Shucart asked for a one-month extension, which I would have extended to him. Mr. Cox stated I do not believe it was advertised for rule development. Mr. Benson introduced the concept last month, and we were hoping to hold the Public Hearing in December. Mr. Shucart asked for one additional month, and we then found out we did not have time to advertise it for December. Therefore, the Public Hearing must be held in January. Mr. Benson stated the Board gave staff direction as to how this should proceed. Mr. Cox, Mr. Goscicki and I worked together to decide what should be written, and we have a draft. However, it must be advertised and voted on at a public hearing. Mr. Cox stated the advertisement is lined up to run for the January meeting. We basically developed this using the same language we have always had. We used this methodology as a matter of practice but never formalized it into a rule, which is a single-family at 1 ERC; multi- family at .8 ERC; party unit at .4 ERC; hotel room at .6 ERC; restaurants at 3.2 ERCs; and the bar, cocktail lounge and marina at .8 ERC. We will formally adopt them for those specific uses and have the methodology of using 300 gallons per day as a single residential connection using the information provided, and the rules will determine specific usage and the number of ERCs. Mr. Gatti asked do you need any information from us today? Mr. Cox responded no. This was informational to make you aware you are not voting on this today. Mr. Ziko asked can you send me a copy? Mr. Cox responded as soon as I review this, we will make copies available through the District Manager's office. Ms. Dillon stated we will advertise the public hearing and hopefully adopt it in January. Mr. Petty asked was this item for the capacity rates? Mr. Cox responded this is for determining capacity. Mr. Petty stated I understand the ERC. However, ERC is different from capacity. Mr. Cox stated the agenda is incorrect. Mr. Petty stated I was looking on the to-do list which noted consideration of evaluation of capacity at the plant which you were evaluating. Mr. Cox stated they got it correct in the rule ad. 16 1611~' December 16, 2005 Port of the Islands C.1. D. Mr. Petty stated if the engineer is specifying available capacity at the plant, this does not require a rule. Mr. Benson stated this was never the issue. Mr. Petty asked are we changing the capacity rate? Ms. Dillon responded we are changing the methodology. Mr. Petty stated I did the methodology which is why I am asking. Is it the capacity rate or the commodity? Mr. Benson responded we are not changing the rates. Mr. Cox stated the allocation of the ERCs will remain the same, but contemplated uses are coming up for which we do not have an equivalency. Therefore, we are adopting a methodology to determine their equivalency. Mr. Petty asked who is doing the rate study? Mr. Benson responded it is not a rate study. Mr. Petty stated the one which you have is a rate study. Mr. Benson stated I disagree. Mr. Petty stated there is a rate study which applies to your current rates. Ms. Dillon stated this is not a rate study. Mr. Cox stated this is the allocation ofERCs. Mr. Petty stated allocation of ERCs is done through an assessment methodology or adoption of a rate. There is no other formal process which I am aware of. Mr. Cox stated we are not referring to allocating ERCs among properties. For example, if we determine this property has 14 ERCs, and someone wants to build a mall within the development, we do not currently have equivalencies in our table for this type of structure. Mr. Petty stated all you have is a rate and methodology for assessments. There is no such thing as a table because according to engineering standards at the time, this must be adaptable and not set by rules, and it must be adjustable to current standards. Mr. Cox stated the way the District is going to apply them to direct the engineer to apply them must be established by rule or it has to be done incipiem. We prefer not to do things mClplem. Mr. Gatti asked do you need further direction from the Board? Mr. Cox responded no, we will work this out. 17 ..-.-.- ~-~,--.'..." -^.~- 161 1 December 16, 2005 Port ofthe Islands C.I. D. SIXTH ORDER OF BUSINESS Consideration of Engagement Letter with Dufresne & Associates, CPA, PA to Perform the Audit for Fiscal Years 2005, 2006 and 2007 Mr. Petty stated based on our previous conversation, I understand the Board wishes to hear back from us at the next meeting before they consider this approval. Therefore, we will table this item. Mr. Ziko stated Schedule A states, "Assuming two funds, the total fee for the above- mentioned items will not exceed $14,000", and now their proposal is $7,500 per fund. It used to be $15,000 for two funds. We cannot understand what Severn Trent puts in these packages, and perhaps this can be clarified at the next meeting. Mr. Petty stated you should speak to the auditor who is proposing this, and I have no problem with asking them either to attend a meeting by phone or in person, since they are independent of Severn Trent Services. Mr. Gatti stated we will table this item to the next meeting. Mr. Ziko asked do we have any idea who is attending the next meeting in order to get answers to these questions? Mr. Petty responded no one gave me the information as to who is going to attend the next meeting. Mr. Ziko stated we did not know who was going to attend these last two meetings, and we have not had consistency from Severn Trent Services. Mr. Goscicki has not attended these last two meetings, which caused us much lost time and effort. I want to get on track where we can go on an orderly basis in order to get this community back on its feet, and we are not getting much help from Severn Trent. SEVENTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Cox stated I have nothing more to report, since we covered everything previously. Mr. Gatti asked does the Board have any questions? Ms. Dillon stated we must bring up the question on the tax assessments which came up last month, for the benefit of those who were assessed for greater amounts. Mr. Gatti asked are you prepared to discuss this Mr. Petty? Mr. Petty responded yes, to a certain extent. Mr. Gatti stated we will discuss this when we get to the Manager's Report. 18 1611 '~l' December 16, 2005 Port ofthe Islands C.1. D. B. Engineer Mr. Benson stated we are in the process of getting a renewal of your SFWMD comments for irrigation and potable water. The first page is for the potable water well field. This is the second letter I received, and I also responded to the previous letter. We tried to ask them to utilize the information they had from previous permitting cycles with regards to computer modeling and issues in the well field, so we will not have to do this again. The bottom line is they have one item on the list, and they are telling us we need to do the well field computer modeling. The methodology they require for the modeling changed since the last time we did it. I contacted a hydro geologist who our firm works with in Fort Myers and Cape Coral, and they did some work for the District in the past. I asked them to provide a proposal and also plug the numbers in, and then I will ask them to inspect the condition of the wells, and verify the information prior to them doing the modeling in order for us to get the most benefit out of this model. I hoped to have a proposal today, but I did not receive it. Mr. Gatti asked what are we looking for when the inspectors arrive? Mr. Benson responded they will verify the condition, depth and diameter of the casing. There are two wells and this has not been done in many years. Mr. Gatti asked will they get involved in the geology? Mr. Benson responded they will base this on their understanding of areas which have gotten the most records for wells. They have a directory database and do this all the time. Mr. Gatti asked is there a possibility we will have to drop those casings off? Mr. Benson responded this item was on my list for the last few years and eventually needs to be done. We have been waiting for the right time, which is now. There is always the potential at some point the SFWMD may take the position of not wanting us to continue with those wells. We also discussed doing this once the existing water plant reaches its useful life over the next five to ten years. Weare going to use this opportunity to get the facts we need. Mr. Ziko asked will they determine a new area which will be feasible for us if we ever need new wells? Mr. Benson responded it is possible if we ever get to this point. I will verify these wells have a long and useful life, and they are not going to impact the environment. 19 .<_...,-'"'---"'.,",........" __n'. ,r ._,,~~-,..- 161 1 . ;t;:, ,,~ December 16, 2005 Port of the Islands C.I. D. Mr. Ziko stated if the Everglades restoration goes the way I observed, our wells can possibly be underwater, which is why I was curious whether or not an alternate area was chosen to replace these wells. Mr. Benson stated over the last year talked about preparing you for the possibility of relocating the wells and perhaps bringing them closer into the community in order to exert more control. We are also in the position where they will be encouraging us to use a different aquifer along with the possibility of obtaining a new water treatment plant, which will be a large expenditure. Mr. Gatti stated when Mr. Lambert and I went to the initial hearing concerning this area, we pointed out the wells must be considered when they are berming this area, and they must be included within the berm. They agreed to this on the record. Mr. Benson stated when the berm is on the road which you use to access the wells, I do not believe you will be cut off from your well. However, there is a combination of issues which may make it at some point. It may be five or ten years from now, but there are a few studies I advised you about which may come up. Therefore, instead of doing the bare minimum with potentially questionable information, I suggest doing the work which must be done. I will bring the proposal for the Board's approval at the next meeting. If it is a small amount of money which is within our normal budget, I will hire them as a sub consultant to our firm in order to keep the process moving. The next item is with regards to irrigation water and as we previously discussed, we evaluated historic irrigation rates and which parks and property are irrigated; what rate of water they used per month in dry and wet months and years, as part of the water use permit process and to apply the rates across the undeveloped properties and come up with the total amount of irrigation water we need to permit. We sent this to the SFWMD. They are telling us what I told you. If your irrigation rate is higher than what is normally accepted, we already gave them one explanation as to how we calculated it and why both the rates and consumption are high. They do this process for everyone who has irrigation and water supplies. They are probably going to give us a permit for less than what we used per property in the past. We need to educate and encourage people to comply with the Collier County ordinances, and some Board members reported in different meetings about public areas being irrigated, and hours and days they are not supposed to. We need to tighten up our irrigation water use. I will negotiate the best possible 20 Port Ofthe~J~s Ll .. ~ December 16, 2005 deal. There is only so much they will give us per area which will be in the permit, and we will have to move forward with tightening up our systems, and the use of irrigation water. The answer to the question on the second item is yes. This person should know about this since he is also the same person who signed the previous letter which was in the submittal. Item three is basically the same as item one in the first letter which states they need more information about our well field because we told them we are going to use the excess capacity from the well field during periods when you have salient water and want to blend reuse water and excess well water with the water from the canal in order to get it to where it is not salty for irrigation. Since this was a 90-day letter we received November 30th, we have time. Therefore, I will bring this back to the Board. Ms. Dillon stated in the first letter on irrigation and potable water, it seems they are concerned about us taking anymore water from the well. They are saying they want to give us a finite amount of water. Mr. Benson stated withdrawal from the well cannot impact a series of issues. One issue involves other users. For example, if you take more water out of your well, this may potentially impact a neighbor who has a well. The other issue, which is even more critical is impact on the environment and its wetlands. Our wells are in the middle of wetlands. Therefore, we are definitely being watched. Aerial photographs of the well field and wetlands do not show visual impacts on these wells. We will initially meet the requirements since there is one way out which is monitoring, and we do not monitor our draw downs adequately to update it this way. We must do this through computer models. However, they are concerned that if it impacts the environment, it will impact people. The new water line was installed. We are waiting for the Orchid Cove developer to do the next portion. A couple of weeks ago, I got a call from the Orchid Cove engineer. They are using the same contractor POI used for the water line installation. Therefore, the same contractor is going to extend the line through Orchid Cove at their cost. In order to ensure we are coordinated, I told him to get in touch with Mr. Stephens and Mr. Joe Goetz, who is the engineer for the project. I believe it is beneficial they are using the same contractor, as there is less chance of them doing something which does not fit together. Weare going to install the meters, and I spoke with Mr. Stephens earlier this week about the meters, and he is aware he has to have enough meters on hand for the contractor installing them. We previously spoke to the 21 ",,,"",.,,""'..,.,~., B 1\11 "".-'.- ".-., 16 j 1 H ~6 "l~; December 16, 2005 Port of the Islands C.1. D. contractor many months ago, and he agreed to install the new meters instead of re-hooking the old ones at no additional cost. Mr. Gatti stated I am concerned with the fact that people in the community are running other facilities off of the irrigation meters. How do we guarantee they are going to hook up to the right meter? Mr. Benson responded Mr. Stephens must be involved with contractors and they are aware he is the contact person. If something like this occurs, they will shut off the valve going through the meter which is supposed to be the potable water supply. If there is no water in the house, they know it is the right meter. They are going to get irrigation water from the meter they are paying for at a lower rate for irrigation water. However, at some point it becomes the homeowner's responsibility of what they do with their own plumbing. Mr. Gatti stated when this work is done in my area, I am going to turn the potable water off before I let them hook it up. However, I want a guarantee this is addressed throughout the community. Mr. Benson stated Mr. Stephens must be involved because he is your utility operator. Mr. Ziko stated I believe liability commences when it comes out of the meter. Weare responsible for everything up to the meter, but after it comes out of the meter, it becomes the homeowner's responsibility. Mr. Gatti stated it is our responsibility if it is hooked up to the wrong meter. Can you look at your meter and tell the difference between potable water and irrigation water? Mr. Ziko responded yes, because they are color coded. Mr. Cox stated they are not color coded in Mr. Gatti's section. Mr. Benson stated they have to shut off the water and see if it shuts off the water inside the house. Mr. Petty stated you are responsible for the consumer's tap for potable water quality. If the consumer has done a cross connection, they may be culpable but as a utility you are responsible for having quality water to meet the State's standards at the tap. We will take our bacteriological tests at that house to meet the test, which makes you liable. The rule for other dual distribution systems in Collier County is the irrigation system is turned off when it is installed and it is locked. Only a licensed operator such as Mr. Stephens can unlock it, and he certifies it is connected to a non-potable system. He checks the connection and he will unlock it, 22 ~~'l"f December 16, 2005 Port 0 e slands .1.1:)'. . . but a homeowner or contractor cannot be allowed to do this nor can you give them this responsibility because they do not carry the license. Mr. Gatti stated I want to ensure this is looked into because we may have potential problems. Mr. Cox stated we should send the notice to homeowners via certified mail, and we need to be clear that if anyone is interconnected, their systems are using the irrigation system for potable water. Mr. Gatti stated I know of some homes which are interconnected. The Newport Cay roadway where the irrigation operation is taking place is being torn up. Do you have all the plans and specifications ready to go for resurfacing? Mr. Benson responded that is correct. Once this project is done we will let everything settle, and we are then going to come back and resurface the roadway. Mr. Gatti stated next summer will be a good time to do this. Mr. Benson stated we can choose a good time for the community to do this work with regards to spending the money and getting a contractor, but we have everything ready. Mr. Gatti stated the prices on all petroleum-related products are continuing to increase. Mr. Benson stated I am concerned, and we have discussed this in the past. Every time I give you an estimate on the project, the price increases. Mr. Gatti asked will it make sense to sign the contract now? Mr. Benson responded this is hard to say. Perhaps it has been a slow-down as to how fast it has increased. Mr. Bissell asked can they put a contingency in their contract that the price of materials increased? Mr. Gatti responded this is a possibility. Mr. Benson stated perhaps we should discuss this again in the next two months. Mr. Gatti stated I agree with your plan on letting the roadway settle before we resurface. C. Manager Mr. Petty stated with regards to your question on the assessments of the 32 units at Sunrise Cay Villas, I believe Mr. Goscicki sent emails to some Board members explaining the issue, which I can convey to you. Your assessments were done by hand for many years because of POI's special requirements, and its assessment. Last year's 2005 assessments had a small 23 -'".--.,." -"'--~--- 19J 1 ~ ,. <1,. ; .. -~ ," .', December 16, 2005 Port of the an s .I. . error on those 32 units, where they were charged an ERU factor of .8, when their actual ERU factor was 1. This amounted to a $2,028 difference, which is the difference between last year and this year. Mr. Gatti asked what is the Board's feeling? Mr. Ziko responded the problem is not the fact that the assessments have to be redone, but we have buildings down here which have .8 and other units which have different assessments. There are three different assessments in one of the buildings, and Severn Trent Services does the assessments. I have two different tax bill amounts for the same building. Mr. Petty stated if they prepaid there will be a difference. POI residents have the option of pre-paying all or a portion of their taxes at one time, and this was taken advantage of by quite a number of people, and is one of the unique issues concerning POI. Therefore, they can be different in the same condominium, or subdivision if the unit was pre-paid by the current or prior owner. Mr. Ziko stated the people I spoke to own the same unit, of which one is $1,653 and the other is $1,279. This did not make any sense to us, which is why we asked for an explanation. However, I am still not satisfied with your explanation. Mr. Petty stated the explanation I gave referred to Sunset Cay Villas. Is this a new issue? Mr. Ziko responded this is not new. Mr. Petty asked did you raise this issue at the last meeting and ask for it to be addressed? Mr. Ziko responded yes. Mr. Petty stated this was not conveyed to me by Mr. Goscicki. Mr. Ziko stated this is where we have a loss of communication with Severn Trent. We must discuss this and get it corrected. Mr. Lambert asked did Severn Trent bring the proper explanation to this meeting as Mr. Goscicki stated? Mr. Ziko responded I do not believe so. Ms. Dillon stated the facts are not here. Were you also impacted? A resident responded yes. Mr. Petty asked at which development did this occur? Ms. Dillon responded this occurred at Sunset Lakes. 24 . 1611 ~. December 16, 2005 Port 0 e a s I. D. . A resident stated I specifically asked the question and Mr. Gatti said he would have an answer for me at this meeting and that they would have a representative explain the finances. Last year I paid $1,081, and this year I paid $1,279. Mr. Petty stated I cannot answer this question since I was not in attendance at the last meeting. A resident stated an answer was promised to us. Mr. Gatti stated I apologize to the audience for not having the answer. Do you understand our dilemma? Mr. Petty responded you may have a deeper issue than an explanation. The calculation is a spreadsheet which is available, and it appears you would like to see this spreadsheet. Mr. Ziko stated we thought you would have the spreadsheet for this meeting. Mr. Petty stated a spreadsheet is simple enough to bring. However, I am the representative who can explain POI's financial position. Mr. Ziko asked was this question raised to you? Mr. Petty responded the question was not raised on this specific unit. I believe you have many issues to address with regards to your assessment, and there are enough people here who have been around long enough and probably understand the concepts. The methodology was changed in 1992, and updated from the original one done by the engineer to reflect an ERU assessment methodology versus a cost per road methodology, which was applied. Since then, many properties have been replatted, rezoned, moved around, Ms. Marchand was part of the process, and this Board is part of the process. We looked at our original bond costs, which moved around considerably as well. It is probable that the combination of what you just went through in the payment of past debts on assessments along with the consideration of ERCs for the future updated your methodology. We can look at a Sunset Cays Villa and see the difference of $89 because the assessments for POI had an ever increasing factor of tolerance as we made these changes. It is not out of line to update the assessment methodology, in order that it tracked closer to what was actually there. Mr. Gatti stated I hear people stating this is all over the place. Mr. Petty stated the spreadsheets give you information of what was assessed as well as a calculation for every lot. Mr. Lambert stated please bring the spreadsheet to the next meeting. 25 _" _~____,_~....w -_....~~. .._.. _. F ~,-"""---~,. ......-",,".""".---- 1611 '. December 16, 2005 Port of the Islands c.1. D. - Mr. Gatti asked can you do the assessment roll? Mr. Petty responded I will have the roll printed out and put this issue on our to do list. Mr. Lambert stated it will be helpful if you email it to us to read ahead oftime. Mr. Gatti asked can you manage this? Mr. Petty responded we can make it a part of the agenda package. Mr. Ziko asked can it be emailed? Mr. Petty responded your agenda packages can be emailed. Mr. Ziko stated this is not necessary. However, I would like to receive the agenda package on a specific date. We were supposed to receive it one week before the meeting, but we receive it anywhere from one to three or four days before the meetings. We have no consistency. Mr. Gatti stated I appreciate your point, but I would like to resolve this issue first. Mr. Ziko stated all we asked them to do was email us the spreadsheet. Mr. Gatti asked can you manage this? Mr. Petty responded this is not a problem, but I am not familiar with how you receive all your information, since this is handled by the Recording Secretary. Mr. Ziko stated this last package came on Monday and the financials came on Tuesday. The F edEx bill for these is $15 per package. Why can't the financials be put in the same package as the agendas? Mr. Petty responded the Board should direct Severn Trent that if the package is not complete to be shipped out at a 'not to be any later than x date' they should be prepared to explain why this did not happen. Mr. Ziko stated one year ago at this time the packages arrived on time. Everything has degraded in the last six months. We were getting a financial package behind our agenda packages. Everything has gone awry. Weare here to make this community run and we have a financial responsibility. I am asking you to ensure the packages get out on time and are complete. Mr. Petty stated if the Board chooses to adopt a policy which says 'the agenda comes out by x date', Severn Trent will do everything in its power to comply. Mr. Ziko stated I thought we already had this policy. Mr. Petty stated ifthis is the case, you can hold us accountable. 26 . Port or' Io,dl clD""'t December 16, 2005 Mr. Gatti stated you hear the message from the Board. See what you can do to get this out to us in a reasonable time. Is one week ahead oftime reasonable? Mr. Ziko responded it always should have been received one week before the meeting. Mr. Gatti stated please do the best you can to accomplish this. Mr. Bissell stated the first three years I was on the Board, we always received this package on the Saturday before the meeting, and this has changed within this last year. D. Field Manager There being no report, the next item followed. EIGHTH ORDER OF BUSINESS Supervisors' Requests and Audience Comments Mr. Ziko stated we do not have a field manager. Mr. Gatti stated no, which is why I did not bring it up. Mr. Ziko stated perhaps we can make a decision within the next two months to possibly change our meeting dates to the second Friday of the month, rather than the fourth Friday because this is going to happen every year with Christmas and Thanksgiving where we lose two months on meetings, and forces Mr. Cox to drive seven hours. Mr. Petty stated I do not have Mr. Goscicki's schedule. Mr. Gatti stated we can assume Mr. Goscicki is going to respond to the Board's request. When do you want to start this? Mr. Ziko responded whenever the Board decides. Mr. Cox stated we should discuss this at the January meeting and I will bring my calendar. Mr. Gatti stated bring your calendars and we will address this issue. Ms. Dillon stated at the last meeting some residents raised a question about what property belongs to the CID and what belongs to their units. We suggested they look at a map which you had. Mr. Gatti stated we brought the map many times. Mr. Benson stated we have some maps on the system. I wanted to take one of them and specifically highlight those areas as an overlay over an aerial photograph. Mr. Gatti will the map be available? Mr. Benson responded yes. The County applies a new aerial once per year, and it is just a matter of pulling it and making changes. 27 --..'.., . ~.n.~ ~ ----,,--- Port ol~lt:. ~ December 16, 2005 Ms. Dillon stated one of our residents had a question about landscaping. Mr. Benson stated I spoke to that gentleman after the meeting, and I suggested he go to the Collier County Tax Assessment web site for an immediate answer to his question. He was familiar with the site which contains aerial photographs, as well as property lines superimposed over the aerial, which may help him. Mr. Gatti stated we have a number of requests from the audience. Mr. James Shucart stated my son Mr. Christopher Shucart and I own the POI Hotel, Restaurant & Marina, and we would like to purchase 45 ERCs for a price of $315,000, with the option to purchase an additional 20 ERCs for $145,000, bringing the total funds immediately available into the community of approximately $450,000. We feel this is an excellent opportunity for all of us. The community will receive additional funds. Although I understand you have quite a bit of available funds, there are always needs which come up and it seems like some substantial expenditures will arise in the future. The initial cash contribution may be helpful for many items, such as landscaping, replacement of parts and roads among other things. You will also receive annual payments in excess of $100,000 associated with these ERCs each year they are in effect. I believe there are many benefits for the community, and there are obviously benefits for all of us since we are all part of a family out here. The things which influence us in a positive way and make us stronger also make the community stronger. Anything we can do within the community to help out also affects us positively. I believe this is a unique opportunity to strengthen our community, work together and produce a result which everyone will be happy with. I brought Mr. David Lawrence from the Sunstream Group, who is experienced in building hotel and luxury condominiums. We formed an association, and they will be assisting us with any building which may take place. He brought some of his team members today, and we will be happy to answer any questions you may have. I also brought a copy of our request. Mr. Gatti asked are there any further areas of the presentation you would like to cover? Mr. James Shucart responded we are prepared to continue with our presentation. Mr. Lawrence would like to introduce some of his members and talk about his company in order to give you some familiarity with projects they have done. Mr. Gatti stated the Board may choose to digest what you presented here. I am in favor if you want to take a limited amount oftime to introduce your company. How does the Board feel? 28 . 19l1"" ~I December 16, 2005 Port oft Is nds C. . D. Mr. Ziko responded I am not in favor of creating more ERCs in this community at this time. I feel we have enough unused ERCs within the community which can possibly be purchased from someone else. Mr. Gatti stated I recommend getting a good overview of their proposal, which may affect our decision on whether or not we choose to do this rather than taking a position now. Mr. Ziko stated I have the facts in front of me, and I do not agree with the proposals. Mr. James Shucart asked are there any questions we can answer? Mr. Ziko responded you gave us four proposals. I do not know where you came up with $7,000 per ERC because that price is definitely too low for this community. However, I will ask Mr. Cox his opinion. I do not agree with the statement which says, "The new ERCs will be fully transferable to any property within the Port of the Islands Community Improvement District without any further approval". I do not know how the other Board members feel about this, but this statement dictates to me what you want to do with those ERCs, which I do not agree with. Mr. James Shucart stated we put together this proposal in order to have a discussion. If there are concerns from your side we are happy to discuss them, and if there are items we can adjust or change, we will be happy to consider them. Mr. Ziko stated I believe we have to digest this even further, and Mr. Cox should be able to help us determine a reasonable price for an ERe. However, I am still under the opinion there are enough ERCs in this community. Mr. James Shucart stated It is my understanding there are additional ERCs in the community which we may be able to purchase. However, if there is any additional money created from the ERCs, our first choice will be to make those funds available for the community's use. It benefits all of us, as opposed to the individual property owner selling the ERCs. If we purchase them from someone else, the District is not going to get the influx of initial funds, or ongoing funds available every year. I presented this to the Board initially because our first choice is to see the community benefit rather than another individual. Mr. Gatti stated you may want to address Mr. Ziko's question as to how you arrived at $7,000 per ERC. Mr. Cox responded this is a relevant inquiry. I explained in past Board meetings your local government provides services and recovers the cost of providing those services in a most economically efficient way for your constituents. We cannot determine the fair market value for 29 .-- '" _..-",,-~",-,--,- ------ December 16, 2005 Port ofllP.nl1. : these ERCs in order to sell them. This is not the way governments do business. We will have to do a methodology which establishes the cost of the ERCs to the District and recovery of those costs. A discussion will not impact whether it was a fair market value analysis or an arbitrary number. Weare limited as a government as to how we can charge and recover our costs. There has been more than one person asking for ERCs. We have to look at this issue in the long term. We cannot just look at one property, but we must look at the community as a whole. What is the potential for core development of those properties? What are people looking for? Are there other properties which are undeveloped and also need additional ERCs? We need to look at this comprehensively, which Mr. Benson will determine. I will determine the legal implications, and how it should be implemented if you choose because I think we have longer range implications other than just someone purchasing ERCs. If we suddenly determine that instead of 1,050 ERCs you have 1,200 ERCs, how does this affect the fair and reasonable apportionment of all the past assessments which were levied, and how do we remedy the situation? What options are available to the Board? There are many questions. You must give me direction to do the work of answering those questions before we address the minor questions. There are methodologies which must be done to determine this. Fundamentally, we to know if can we do this and how it is done. Ms. Dillon stated we must determine whether or not we are willing to do this, as well. Mr. Cox stated this is a policy decision to be made by the Board. Once this is done, I can determine how it is done. When we discussed this previously, issuing more ERCs was a very labor intensive process. However, I am giving you my initial worst case impression. I have not tried to determine how to do this and what steps are involved. I do not believe this can happen in the next six months. Ms. Dillon stated I do not understand how fair market value comes to mind even though something appreciates in value. Mr. Cox stated as a local government your fees and charges must be based on the cost, year and production of the commodity. Mr. Gatti stated comparable units in cities and neighborhoods of Collier County do not come into play. It is strictly what it costs us to provide these services. Mr. Cox stated the impact fee must pass two tests. The first one is to determine if it is rationally related to the impact caused by the development; and if there is a nexus between what 30 1 !t. I ;k ..., December 16, 2005 Port oft sl ds C... . you are charging and the costs necessary to meet the demands of those impacted. Each of the ways we charge people for things such as special assessments are based on special benefits, and they are a reasonable apportionment. This has the ability of impacting our special assessment methodology, and we can possibly analogize it to the impact fee. There are different ways to do this, but we have not spent the time to determine what is involved. However, Mr. Chris Shucart has some great people on board who we can work with. As a matter of fact, one of the attorneys in attendance today also represents several CDDs, which helps me because he is aware of what I am faced with in trying to answer these questions more clearly than other attorneys. Mr. Gatti stated I am not aware of all facets which you are referring to, but we should look at the readiness to serve. This appears to me to have a significant effect on what the ERCs are worth. The plan is there at a certain cost, whether or not it is used. Why can't we determine the cost? Mr. Cox responded I did not say it cannot be done. You will determine this as a Board, but it must be based on confidence, substantial evidence and reason, and not just an analysis of numbers. It must also be based on the cost of the plan to some extent. We must determine how to allocate incremental costs which will be incurred. I am not saying you cannot or will not do this, but we have to do our work as your consultants before you can decide. Mr. Gatti asked what is the Board's pleasure? Ms. Dillon responded I saw an interesting comment on the appraisals done on those two properties. The ERCs are worth at least $20,000. Mr. Cox stated this is may be true from an appraisal and pre-market perspective, but you do not operate on a pre-market plan. Mr. Lambert asked can we ask Mr. Cox to prepare an outline of what needs to be done in order to get through this process and discuss it at the next meeting without going into an expensive timeframe for him? Mr. Gatti responded this is a good idea. Mr. Lambert asked can you put together an outline which shows a level and magnitude of what we are talking about in labor and dollars? Ms. Dillon stated we also need to discuss cause and effect. Mr. Gatti stated Mr. Cox will address all the issues involved in the process. Mr. Lambert stated I believe there is more to this than what we discussed today. 31 -~~'"-........"" -"'-'-'''"~ -----",- .. "'l ,,,-,,,,",,"'--"',...--, ,-"-~~ 161 1 ..- December 16, 2005 Port ofthe Islands C.1. D. Mr. Ziko asked who will determine the amount of ERCs presently in the community for re-distribution since they were arbitrarily assigned? Mr. Petty stated 'arbitrary' is not relative to our discussion. Mr. Ziko stated Ms. Marchand had many ERCs allocated to her property which she could never use. Mr. Petty stated this is not true. Ms. Marchand stated although I should not say this is not true, this is not the correct way to state this. Mr. Cox stated we argued over this issue for three years. Mr. Petty stated I went before the judge over this issue and I do not know why we are going backwards now. We are trying to keep from making statements about past methodologies and the application of assessments in a negative way before the Board at this time. Ms. Dillon stated with regards to Item D of this proposal, the CID must approve this regardless of what happens with ERCs even ifit is done with a homeowner. Mr. Cox stated we have a rule in place in which we must keep track of everything going on within the CID in order to ensure everything goes on the tax rolls appropriately. Mr. James Shucart stated this item is certainly open for discussion from our standpoint, and we understand the workings of your group. Therefore, we will be happy to work with the Board in this area. Mr. Gatti asked do you have a timeframe? Mr. James Shucart responded our timing is such that when you are considering a new structure, it is better to build earlier because the later you put it off the greater number of unknown issues come to light. We do not where interest rates will be in one year, and construction costs are increasing everyday. We would rather know and be able to proceed. However, we do not want to put undue pressure on the Board with a certain deadline. We want to progress, and we will do our best to work together, Mr. Gatti asked what is your arrangement with the Sunstream Group? Mr. James Shucart responded they are more experienced than us with regards to new condominium construction, and they are also knowledgeable about the operation of those units once they are complete. Therefore, we are working together in order to achieve our goal. I would rather not discuss our financial arrangement in a public forum. 32 l6J 11. December 16, 2005 Port 0 e d.I. b. .. Mr. Gatti stated I understand. Mr. Lambert stated I cannot consider this proposal until Mr. Cox puts an outline together for the Board in order for us to understand what this process involves. Ms. Dillon stated this is an issue which is going to continue to arise. Mr. Gatti asked how does the Board feel? Mr. Ziko responded Mr. Cox should research this as much as possible and give us a presentation. Mr. James Shucart stated we have a gentleman on staff who is familiar with these communities, and can provide any assistance in working with you. Mr. Gatti stated I do not believe there is an issue of whether or not you are going to provide a first-class operation. However, we must also be concerned with how the other properties are affected. The point you made that you would rather see the money come into the community rather than go to another entity is a strong consideration on our part. Mr. James Shucart stated we appreciate your consideration and we are available to answer any questions. If you have any concerns, please contact me. I am available to sit down with you before the next group. If there is a problem, let us know and we will talk through it. Mr. Lambert asked are we going to direct Mr. Cox to do this? Ms. Dillon responded we already did this. Mr. Gatti asked will you be working with Mr. Goscicki and Mr. Benson? Mr. Cox responded yes. Mr. Saalprank stated I lived here for three years and attended most Board meetings. The issue involves a statement Mr. Petty made about our assessments. I do not know the meaning of pre-paid '. Our assessment increased 100% in the previous year. We attended the July Board meeting where Mr. Cox was questioned as to whether or not the rate can be increased. He stated we were past the deadline and the assessment cannot increase without giving notice to the public. I believe he said we were past the deadline. Our assessment this year increased 30 to 33%. We were isolated from the rest of the community, and I want to know why we were one of the few selected to get an increase in our assessment. Mr. Petty stated Mr. Cox was correct. You cannot increase the assessment past the initial hearing process without going through another public hearing process, but he is not referring to the bill you receive annually on your home. That bill is the annual principal and interest 33 -_._~"'.., . .._._~- "''''''~--~''-'''-''''-''-.'",.._"._,"~ -_.~ December 16, 2005 16 11',. Port of the Islands C.I. D. payment. He is referring to the lien dollar value which is placed on your home from the original bond issue, and is publicly noticed. A public hearing is held, and if you own a single-family home the lien dollar value may be $250,000 because it is the principal and interest over that period of time. It is not one year's payment. The public hearing process does not prevent the annual principal and interest from increasing. It says the lien value cannot increase after the public hearing process, which is the total amount of debt placed on your property based on improvements done. There are two different numbers. Mr. Cox is correct, but your assessments will, in fact, increase each year according to operation and maintenance, which is part of the assessment process, and is reviewed each year. The debt service payment moves slightly up and down because it is not an exact calculation. It is in $5,000 bond amounts. We cannot make it $200 per month, but we can usually keep it within 1 Y2% each point per year. Mr. Cox stated we promised the Board we were going to look at this year's and last year's assessment roles, recognize where there are differences and come back with an explanation next month. Mr. Petty and I are working together with Mr. Goscicki and we may try to schedule a hearing. Mr. Petty stated this is in addition to the inclusion of the spreadsheet. Mr. Gatti stated there are many questions similar to yours, and they are going to bring a package to the next meeting which will explain these items. Mr. Saalprank stated I have been to meetings where the manager was asked by the Board for certain materials, and I am not certain we are going to receive a satisfactory answer. Mr. Gatti stated I appreciate your comments, but we are not going to discuss that issue. We will answer your questions, and you must rely on staff this issue will be handled. Mr. Saalprank stated the issue is the fact that different rates were applied to people residing in the same building. Mr. Cox stated we recognize your issues and we will try to get answers. Mr. Gatti stated publicly I want to thank Mr. Saalprank and his wife. I burned my car near here, and they were going in the opposite direction. They were nice enough to stop and help me, after I saw many cars pass me before they stopped. Ms. Marchand stated perhaps a presentation should be made at the next meeting which addresses this issue, and consists of an explanation of the assessment and maintenance. Perhaps a simple explanation will help people relate to the tax bill as it comes in. 34 161 1 "'" . t I December 16, 2005 Port of the Islands C.I. D. Mr. Gatti stated perhaps we should have a special meeting dedicated to all aspects of the finances. Mr. Petty stated the financing situation of this District is complex and historic, and you would need several meetings to cover the entire structure. It is better if you stay with a specific topic, such as assessments. The assessment calculations on the spreadsheet are close to 125,000. You are going to look at two different years, which is enough to digest in one meeting. Ms. Dillon stated this does not have to become complicated. People are aware of their normal assessment from year to year. Last year we put a special assessment on everyone in order to pay for improvements. Logically, those two numbers should total to a number which should be the same. However, the totals are not the same for some of these people. Mr. Saalprank stated we communicated with the tax assessor's office. They alerted us once the Board or manager decides on a method to compute the assessment, it must remain this way. They cannot selectively increase the next year's rates for certain individuals. It must remain consistent. Ms. Dillon stated I can assure you they did not choose certain people. It is my understanding last year it was applied incorrectly. Everyone is charged 1.0 maintenance assessment, whether you own a condominium or home. For some reason, some units were charged .8, so in effect you paid less last year and it was corrected this year, which made it seem as if you had an increase. Mr. Gatti stated Mr. Cox is going to handle this. Ms. Marchand stated with regards to the fifth item on the agenda if it is incorrectly written as utility capacity rates, what is the rule stating? Mr. Cox responded the advertisement in the book is correct. This involves the method to determine the allocation. In plain terms, if you have 10 ERCs and you have a project which you want to build, this is the method we are going to apply to see if 10 ERCs are enough to build the project. Mr. Benson stated it is for commercial building only. Mr. Cox stated we have standard uses which are the same since the District's inception, but if a project arises which does not fit our standard paradigm, we do not have a methodology to be able to do it. 35 - ~_.., '..--.---- December 16, 2005 Port olbll:. D. Ms. Marchand stated we discussed at a couple of meetings about the expense for having the work done at the water and sewer treatment plant by independent firms, and I thought you said at one point they took steps to proceed with this. Is this still the case? Mr. Cox responded yes. Ms. Marchand stated there will actually be two. Mr. Cox stated we are going to bid management with the alternative of also bidding contract operations, and when we get the management bids in, we will decide if we want to give the District the option of rejecting the contract operations and keeping everything as it is now with the District operating the plant. Ms. Marchand asked when you said there were a number firms out there, will you get the capacity to do these projects? Mr. Cox responded there are not as many individuals. We received two bids last time. Mr. Benson stated there were two bidders and both submitted proposals. Ms. Marchand stated with regards to staffing in the District, when Natalee worked for the District, she was hired to redo this so that what has happened in the last couple of months we received an estimated bill. With regards to Natalee and mosquito control, at one point it was said only Mr. Stephens could do mosquito control because he had the license. This graduated to being as long as Mr. Stephens was on the property, someone else could do it. it then graduated to the point that when Natalee was working for the company she assumed most of the mosquito control and Mr. Stephens was not on the property. We need to get our act together as far as mosquito control is concerned. If you talk to Mr. Stephens now his pat answer is that it was decided by the Board that people were going to Collier County or some external entity to handle it, and as such he was not going to do it. NINTH ORDER OF BUSINESS Approval of Financial Statements and Check Register Ms. Dillon stated on Page 2 of the financial statements, it should say 'is true for the general fund' and then it states 'statement of revenues and expenditures for the two months ended' . Mr. Petty stated I did not receive a copy of the financials. They came to you under separate cover. Mr. Ziko stated I am not sure whether or not it is a typo, but since we are two months into a fiscal year, shouldn't it say 'two months into the year'? 36 . " bJl- ~': I "Ii> ,. .... December 16, 2005 Port ~ d.1. D.' Mr. Petty stated yes. Mr. Bissell asked what should it read? Mr. Petty responded this should be with the current month which I believe, is up to and through November. Therefore, it should be for the two months. They copied the format from another word processing document. Mr. Bissell stated they have done this throughout the year. Ms. Dillon asked do we still only have one employee over there? Mr. Petty responded Mr. Stephens is the only employee to my knowledge. Ms. Dillon asked do you know the status of us finding staff? Mr. Petty responded this has always been a problem with POI, and the most I have ever got out of here for operations was two licensed operators because we are not close enough to a middle class community with operators in it. Ms. Dillon stated Page I of the check register has a detail, which says 'POI CID' of $20,138.12. Is this a transfer of funds to the debt service fund? Mr. Petty responded that is correct. Ms. Dillon stated Jim Van Vertlow is no longer here, but we paid him through November 1 ih. Mr. Petty asked was he a secondary operator? Ms. Dillon responded he was a temporary employee who worked part-time. Mr. Benson stated he was a licensed operator. Ms. Dillon stated one other thing I noticed and perhaps Mr. Dick can follow up on this. The American Express detail had 15 days in October where Mr. Stephens charged $440 worth of gas, which seems excessive. Mr. Petty asked what were the periods? Ms. Dillon responded October 13th through October 28th. Mr. Petty stated that period covered the hurricane. He purchased gas for the generators and pumps. Mr. Ziko stated Mr. Stephens is copied on this agenda. Why is he included in our financial and agenda packages? He has not attended a meeting in many months and he is our employee. I do not believe he should receive this package. Can you take his name off the list? 37 ... -,-<_...-.."~,.. 1611 :~ I.;; December 16, 2005 Port of the Islands e.1. D. Mr. Petty responded I would rather not. However, if you want me to I will take direction from the Board. Mr. Ziko stated I do not know why he is receiving a package. Mr. Cox stated when Mr. Stephens receives the package a couple of days before the meeting, he needs to be able to address anything on the agenda which he is responsible for. Therefore, he is prepared instead of finding out about them when he walks into the meeting. I believe this is the theory. Mr. Bissell stated I just want to bring something to the Board's attention. We use credit cards to buy gas. On September 30th, at 6:48 p.m. Mr. Stephens bought $20 worth of gas. The next day at 7:32 p.m. he bought $20 worth of gas out of his pocket which we reimbursed him for. On October 3rd at 8:11 a.m. he bought $20 worth of gas; on October 4th at 7:48 a.m. he bought $20 worth of gas. That evening at 6: 19 p.m. he bought $20 worth of gas. Are we now buying gas out of our pocket and sending in the bill or are we using the credit card? Mr. Petty responded it is done both ways. It seems you have a lack of trust in your employee, and if this is the case, the Board can certainly set any policy it believes to be fair in handling the public funds it is responsible for. In this particular case, if you do not have faith in your employee to spend the money in certain ways, you can make it a policy of this Board that you will only compensate for expenditures on a credit card which you authorize with a limit or under certain conditions. Mr. Bissell stated I requested and received reports on the American Express card. The tank of our pickup holds 26 gallons of gas, but he purchased 30 and 31 gallons of gas. Mr. Lambert stated he purchases some gas in a can for the outside equipment. Mr. Petty stated you may adopt a procedure which you feel more comfortable with if you so choose. Ms. Dillon stated I believe Mr. Dick is taking care of this issue. Mr. Bissell stated it is coming around now. On MOTION by Mr. Ziko seconded by Ms. Dillon with all in favor the financial statements and check register were approved as amended. 38 16111_ December 16, 2005 Port of the Islands C.1. D. The Board discussed the possibility of purchasing ERCs for the benefit of the fire station. They discussed the impacts of such a purchase, and if the same procedure which was discussed earlier in the meeting applies in this case. Mr. Cox feels the purchase of one or two ERCs will create a nominal impact. The fact that this facility serves a public purpose and benefits the community was discussed. Mr. Cox stated I was just noticing a couple of days ago and I had not had a chance to speak to Mr. Goscicki about this, I need to get some direction. Back when we settled one of the lawsuits, part of the settlement was approximately $13,000 for the CID to reimburse it for the legal fees that were spent on that case. The check was never cashed and it has been approximately four months since I sent it in. Therefore, I would like to stop payment on that check and reissue a new check. I believe the stop check fees are approximately $25 to $30, which I will deduct. TENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Ziko seconded by Ms. Dillon with all in favor the meeting was adjourned. ~ --- :k2 _Cc- \l ~ Richard Gatti Assistant Secretary Chairman 39 ...,....,.. , ~'...,,''',,-_. (I~ ..----. 16 J 1 """"" " .~, Port of the Islands Community Improvement District Agenda Friday Egret Room December 16, 2005 25000 Tamiami Trail 10:00 a.m. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the November 18, 2005 Meeting 3. Ratification of Resolution 2006-01 - A Resolution Amending the Port of the Islands Community Improvement District Debt Service Fund Budget for Fiscal Year 2005 4. Open Items 5. Discussion of Public hearing to Adopt a Resolution Setting Rules for Utility Capacity Rates 6. Consideration of Engagement Letter with Dufresne & Associates, CPA, P A to Perform the Audit for Fiscal Years 2005, 2006 and 2007 7. Staff Reports A. Attorney B. Engineer C. Manager D. Field Manager 8. Supervisor's Requests and Audience Comments 9. Approval of Financial Statements and Check Register 10. Adjournment - . 1 6 111. 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 59140035 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 Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertislng 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 news~aper has heretofore been continuously publlshed in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 12/09 12/09 AD SPACE: 67.000 INCH FILED ON: 12/09/05 --------------------------------------------------+--------------------------- Signature of Affiant j. ~ Sworn to and SubSCribed~e me this ~ ~ 20j!5 Personally known by me _ J..~H .',.I\VI/:,i.;" . . :~({)....~~(::'~ Hornelt Bushong r~~( ~~,A MY COMMISSION # OD?34689 EXPIRES ---;~;;~J~\,,,-:.--, July 24 2007 '/;/S;:::~~:'~~"" ilONom HW;) TI?O\' /J:\)~J ::'~':'I~;'!\'il~t:, l~IC -_."--,,-'~.....,,--' -"~--"---'- -.._..,-~.~.,-" . 1611-&\ JCS DEVELOPMENT LLC 2614 Tamiami Trail North, Suite 615 Naples, FL 34103 Office: 239.435.0098 Cell: 239.564.4346 Fax: 239.435.1068 December 12, 2005 Mrs. Norine Dillon 129 Wilderness Cay Naples, FL 34114 RE: PROPOSAL FOR ACQUISITION OF ADDITIONAL ERCs Dear Mrs. Dillon: Please accept this letter as indication of our interest to purchase additional ERCs with respect to our ownership of the Port of the Islands Resort, Restaurant, Marina, and associated properties. We would like to propose the following: A. The purchase of 45 additional ERCs for a total purchase price of $315,000.00 ($7,000 each), payable in full at the time of issuance. B. An option to purchase up to an additional 20 ERCs at the same price ($7,000 each) within 24 months from the date of initial issuance. e. Earnest Deposit of$50,000.00 immediately upon acceptance of this agreement. D. The new ERCs to be fully transferable to any property within the Port of the Islands Community Improvement District without any further approval. The reason for this request is to enable us to construct the remaining hoteVcondominium units on the land that we purchased in June 2005. Please note that even though we would receive additional ERCs through this request, we would not request a higher density for our lands than that which has already been approved by the Collier County Zoning Department under the Ten Thousand Islands Development, LLC, approved Master Development Plan. In fact, our current plans would be to lower the density from 148 units to only 90 units. Included in the property that we purchased are three building pads for the construction of either 148 additional hotel units or 90 additional residential units. We have brought in SunStream, an experienced, first class condo-hotel construction and management group, to work with us on the design/construction/marketing ofthe additional units. As stated, the current plan is to construct 90 residential units instead of 148 hotel units. No changes in zoning or variances are needed for construction of the additional units. 16 11 tl RESOLUTION 2006-01 A RESOLUTION AMENDING THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT DEBT SERVICE FUND BUDGET FOR FISCAL YEAR 2005 WHEREAS, the Board of Supervisors, hereinafter referred to as the "Board", of Port Of The Islands Community Improvement District, hereinafter referred to as "District", adopted a Debt Service Fund Budget for Fiscal Year 2005, and WHEREAS, the Board desires to realloca te funds budgeted to reappropriate Revenues and Expenses approved during the Fiscal Year. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMMUNITY IMPROVEMENT DISTRICT THE FOLLOWING: 1. The Debt Service Fund Budget is hereby amended in accordance with Exhibit" A" attac hed. 2. This resolution shall become effective this 10th day of November, 2005 and be reflected in the monthly and Fiscal Year End September 30, 2005 Financial Statements and Audit Report of the District. Port of the Islands Community Improvement District By: ~~ :t\ ,. Richar Gatti Chairman Attest: BY:~~ Jean . Rugg Assistant Secretary -" ---,~.,-~-"-" ,- "'-"'-""--~ .,'- .,._._---"- 1611 '~l 'j .. Port Of The Islands Community Improvement District Budget Amendment Exhibit "A" FY 2005 Debt Service Fund Proposed Adopted (Increase / Amended Cate or Bud et Decrease) Bud et Revenues Deliquent Special Assessmen $0 $2/115/094 $2/115/094 I Total Revenues $0 $2/115/094 $2/115/094 I Expendi tures Principal Payment $0 $690/000 $690/000 Interest Expense $0 $581/773 $581/773 Other Debt Service Costs $0 $96/724 $96/724 I Total Expenditures $0 $1/368,497 $1/368,497 I ~ Excess Revenues $0 $746/597 $746/597 I 1 6 11 ,_ "0 t Q) iil "0 c: c: Q) Q) Q) 0 5 .~ = 2 . ,Q .9 .9 co .... =-E' 0..:.;::; -..c:..c:0 co -c:>_ ~Q) lu ~ 0, ~ ~ 2 ~ I ~ ~ ~ g g.~ Q) ~ g ~ ~ ~ ~ 8 ~ .0 ..c: ..l!:::c:oEco ;g .""-"":::J:::J.... 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LO <C 0 ....... 0 ....... 0 0:: :Ew wm '<t LO <D I'- co ....:E ....... ....... ....... ....... ....... -::J Z .-._,0 ~..<._"". -- ~.~.. 1611 ~t ~~ " TABLE OF CONTENTS PARr ONE - INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SUMMARY OF IMPORrANT DATA AND CONCLUSIONS. . . . , . . . . . . . . . . . . . . . . . 2 LOCATION MAP FOR SUBJECT PROPER1Y ........ . . . . . . . . . . . . . . . . . . . . . . . 4 AERIAL PHOTOGRAPH OF SUBJECT PROPER1Y . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SKETCH OF SUBJECT PARCEL ........................................ 6 STREET SCENES NEAR SUBJECT PROPER1Y .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 " PHOTOGRAPHS OF SUBJECT PROPER1Y .............. . . . . . . . . . . . . . . . . . . 8 PART 1WO - PREMISES OF THE APPRAISAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SCOPE OF WORK/REPORr FORMAT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 CLIENT USE AND INTENDED USERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PURPOSE OF THE APPRAISAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 DEFINITION OF MARKET VALUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 APPRAISAL EFFECTIVE DATE ........................................ 11 DATE OF REPORr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ESTATE APPRAISED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PERCENTAGE OF OWNERSHIP INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART THREE - PRESENTATION OF DATA ..................................... 12 INFLUENCES ON VALUE ............................................ 13 AREA INFORMATION ............................................... 13 NEIGHBORHOOD INFORMATION ..................................... 14 LEGAL DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PROPER1Y INFORMATION ........................................... 16 ENVIRONMENTAL CONTAMINATION ................................... 16 NATURAL RESOURCE CONCERNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 GROWfH MANAGEMENT PLAN AND ZONING . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PUBLIC UTILITIES AND CONCURRENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ASSESSMENT AND TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 CENSUS AND FLOOD ZONE DATA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 APPARENT OWNER OF RECORD ...................................... 18 TRANSACTIONAL HISTORY OF SUBJECT PROPER1Y ...................... 18 CURRENT STATUS OF SUBJECT ......................... . . . . . . . . . . . . . 18 PART FOUR - ANALYSIS OF DATA AND CONCLUSIONS ... . . . . . . . . . . . . . . . . . . . . . . . 19 HIGHEST AND BEST USE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 CONSIDERATION OF APPROACHES ...................................21 SALES COMPARISON APPROACH............... .... .... ...... ........21 LOCATION MAP FOR SUBJECT AND COMPARABLE LAND SALES ............ 22 . VACANT LAND COMPARABLES .......................................23 LAND SALES ADJUSTMENT GRID .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 . ESTIMATE OF VALUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 ADDENDA CONTENTS .................................................... 42 , . . . .'-"- "._,..,..,~_.",~ --.---, -~.-.,,",--"- 161 1 ,$\It 'l ! SUMMARY OF IMPORTANT DATA AND CONCLUSIONS This information Is summarized only for convenience. The value given Is the final, rounded conclusion of the appraisal. To use this summary without first reading the appraisal report could be misleading. PROPERTY APPRAISED This is a 65,340 square foot (:1:1.50 acre) parcel north of US-41, fronting on Union Road adjacent to the water / sewer package plant in Port of the Islands. SCOPE/FORMAT Complete Appraisal/Summary Report PURPOSE OF THE APPRAISAL Estimate Market Value. CLIENT, USE AND INTENDED USERS The client is the Port of the Islands Community Improvement District. The intended use is to assist in setting a price for sale. The intended user is the Port of the Islands Community Improvement District. APPRAISAL EFFECTIVE DATE 2 November 2005 DATE OF REPORT 20 October 2005 ESTATE APPRAISED Fee Simple ESTIMATE OF VALUE $130,000 MARKET CONDITIONS WARNING The real estate market throughout Collier County is in moderate disequilibrium. It is a sellers' market wherein activity is best reflected in pending sales rather than closed transactions. Prices are rising rapidly and capitalization rates are at historic lows. Rental rates are not rising as fast as prices. Buyers, sellers, brokers and developers are reacting based on short term interest rates and quick profit considerations. Market activity appears to be dominated by end users and speculators. While the market has been strong and accelerating for more than 18 months, these conditions could change . very quickly. Market participants are advised to proceed with caution. . EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS It Is assumed that entitlements to water and sewer service can be obtained. This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards t of Professional Appraisal Practice for a Summary AppraJaal Report. As such, it might not include faD discussions of the data, reasoning and analyses that were used in the appraJaal process to develop the opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's file. The information , 2 n'"" ,.._.,.-'" _.._-=,~ _I_...._.~"' LOCATION MAP FOR SUBJBCT PROPERTY 1 6 111. .' I II Sunnilan --r---- . .- I I I , ~, ~, I ~l ' I I-I I I L-._ " . 7ECT1 'j I I 1- il"'tf :~~: : _ ,~<r{., - f.' . ~'11~ .;"h3>.. f ~....1io:!1;; . .... .. ...rt,., ......... f Everglade!!! City 1 '_' ~ " ",'<' - ", '.' . ""'~ ,c.... ,;-,'-':.," , . .. .' .i'f,~;;'~'~< . ".... ...... . " . '." ."." .. , , .' (.:'J,~~ "::,: 'il" X', . .. ... . ..~iih, ';" ' "}, '. "1.-_;;~ .\}/ , 4 .- -"-~, '--~"'" e~' ",~'. SKETCH OF SUBJBCT PARCEL 1 6 I 1 '1 ~ ~ 13'.22 '-"41". I ! i . 1 ~;l ...~ I i~ I- I DI9"J9'56'" 13U. Title: Tract A in POI 'Dale: 10-26-2005 Scale: 1 inch = 100 feet IFile: Subject.des TnICt I: 1.500 Aaa: 65321 Sq Feet: CloSlllll = J1119.3447w 0.02 Fed: I'Rc:ision =1181322: Perimet<< - 1242 Fed OOI=oOO.OS5Se 486.75 003"1llO.2013w 486.74 002=s89.3947c 135.22 004=nlI9.3956w 133.18 , . . , 6 ..- -'"...~. .. "<~'>"---''''-'---"' . ,)..),tt:'Y:>'~ '.. -, ----I ~. ---..-.... .,;.;,., ., '".. " '-; "'.~ ........ .....,,:,~'., ',..~......' " - <. y-_.... :;;:.~~=j:.~.:?C~~~y,,;~~;:::L_ . . ~. ~".#,*", .......,"4;........,.,. ~ .'i~"';';;~~~~ ",.;-', .~ "", '~.. :;;.. d'" r'~~"'" _ ',. , .~..~: .~~ .,r -. "~,,"'~ 'Ii' , : SCOPE OF WORK/REPORT FORMAT 161 1 & This is a complete appraisal meaning that all applicable approaches to value were employed and the value conclusion reflects all known information about the subject property, market conditions and available data. The scope of work is: : Inspect and photograph the subject property and each comparable . . Review any sUlVeys, aerials, land plans, site plans, special studies, engineering, or other documentation provided . Review how the property relates to its neighborhood and to the broader market area with particular attention to zoning and utility entitlements . Research the market area for sales and listings of comparable vacant land . Develop the sales comparison approach . Estimate current market value . Prepare a summary appraisal report Sources of market data include, but will not be limited to, local and regional MLS systems, the Naples Daily News, other news papers, Realquest, Loopnet, the public records, the files of real estate brokers and our own appraisal files. This is a summary appraisal report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning and analyses that were used in the appraisal process to develop the opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. CLIENT USE AND INTENDED USERS The client is the Port of the Islands Community Improvement District. The intended use is to assist in setting a price for sale. The intended user is the Port of the Islands Community Improvement District. PURPOSE OF THE APPRAISAL . The purpose of the appraisal is to estimate market value. . DEFINITION OF MARKET VALUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and . knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a Buyer and seller are typically motivated; i 10 .-"-...-.-.". ^-~" ""-...- "'__"H"'_ --_._~--"- Both parties are well informed or well advised, and each acl ~ wLt ".;~ b. ,J;, considers his own best interest; c. A reasonable time is allowed for exposure in the open market; d. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; e. The price represents the normal consideration for the property sold unaffected . by special creative financing or sales concessions granted by anyone associated with the sale; This is market value as defined by the Office of the Comptroller of Currency in 12 CFR, Part 34. It is the same definition referenced in the Uniform Standards of Professional Appraisal Practice (USPAP) and the most commonly used definition. The reasonable exposure time referenced in (c.) above is assumed to have already occurred as of the appraisal effective date. The assumed reasonable exposure time was about 6 months. The financial arrangements comparable to cash referenced in (d.) above are conventional commercial financing which, as of the effective date, was 70-80% loan to value ratio, 15 - 25 year amortization and interest rates ranging from 6.00% to 6.75% depending on the balloon term and risk. The typical commercial loan is set up for a three to five year balloon. APPRAISAL EFFECTIVE DATE The effective date of appraisal is as of 2 November 2005. . DATE OF REPORT This appraisal report was written on 20 October 2005. ESTATE APPRAISED . . Fee simple interest. PERCENTAGE OF OWNERSWP INTEREST . The percentage of ownership interest appraised is 100%. < 11 16 11 f. PART THREE - PRESENTATION OF DATA . . . ,. b , 12 . ..~.- ^-,.--<.._. "'"'^'-"'--~ 16 I 1 wrl!/ll INFLUENCES ON VALUE Appraisal of the value of real property involves both the physical real estate and the intangible rights of ownership. The ultimate value of both is influenced by the social, economic, governmental and physical conditions of the area surrounding the property. Properties that are very much alike may have considerably different values due only to their geographical location and the economic level of their particular area Information in this report that describes the area surrounding the property being appraised is included to communicate the influence the area exerts upon the economic performance of the property. AREA INFORMATION The property is located in Collier County. Collier County is the most southerly county on Florida's west coast offering mainland coastal development. Collier County is west of Ft. Lauderdale and south of Tampa With 2,025 square miles ofland area, it is the largest county in Florida About 60% of the land area is in public ownership, is set aside for environmental presexvation, or is scheduled for public land acquisition. The region enjoys a climate that is classified as subtropical. Summers are relatively mild and winters are usually frost free. A hard freeze is a rarity. The climate, especially in winter, is one that attracts and is enjoyable to most people. The geography of the area runs generally northwest and southeast as indicated by the trend of the coastline. Beaches extend from the northem county line south to Cape Romano and then, as the coastline trends further to the southeast, beaches give over to mangrove islands and swamps. Moving northeastward from the beaches, elevations increase very slowly. Most of the county is less than 15 feet above mean sea level. Although changes in elevation are gradual, they are well defined by variations in vegetation. Much of the county is, or was once, wetland. The once plentiful marine resources are largely depleted, but still provide good sport fishing. Population centers include the coastal communities of Naples, Marco Island and EvergladesfChokoloskee. Immokalee, the single large interior community, is located in north Collier County and is the agricultural center of the region. The original settlers were attracted by the climate, beaches and recreational opportunities. Those factors, in descending order of importance, remain the primary reasons for the community's rapid growth rate. Most growth is accounted for by the heavy influx of retirement age persons. These are predominately active retired people who can afford a variety of recreational pursuits including boating, golfing and tennis. The strong attraction of these people to the beach results in exclusively residential development along the beaches and for some distance inland. Commercial zones are primarily located along arterial roads and inland away from the most desirable residential locations. A secondary population of sexvice industry families lives throughout the area These people provide the support sexvices and local industries that cater to seasonal tourists as well as year round residents. The economy of Collier County is based on agriculture, tourism, construction and sexvice industries. The greater Naples area is the focus of tourism and construction and it is the primary market for local business. Of the :t290,OOO residents living in Collier County, about 75% live in the greater Naples area. Recent studies identify Collier County as one of the 13 fastest growing counties in the State and among the fastest growing in l~J L of. growth is taking place along the northem and eastem fringes of the Naples area. There is strong grass roots support for environmental issues and for less intensive development. Local politics are dominated by the struggle to achieve a balance between economic prosperity and preservation of natural resources. For several years real estate market activity has been strong and values throughout Collier County have been increasing. The current growth cycle began in late 200 I and it shows no . sign of slowing. Market activity appears to be driven by growth, relatively low interest rates, poor performance of the stock market, the increasing scarcity of developable raw land and favorable foreign exchange rates. With very few exceptions, all residential property types are increasing in value with the best performing sectors being entry level housing and close-in residential estates. Commercial activity is driven by the residential growth rate and by the higher-than-average levels of disposable income characteristic of the Naples demographic. A scarcity of all types of investment properties has resulted in rapid development of commercial condominium units and retail strip centers. The market is dominated by end users and speculators. All local economic indicators are up. Real estate activity is strongest close to the beach and to the north and east along the fringe of development. East Naples market activity lags, but the relatively high prices in the north and the lack of useable land is causing developers to move their activities south and east. The east Naples market area is poised to take off with new development activity expected on several major PUDs. The real estate market throughout Collier County is in moderate disequilibrium. It is a sellers' market wherein activity is best reflected in pending sales rather than closed transactions. Prices are rising rapidly and capitalization rates are at historic lows. Rental rates are not rising as fast as prices. Buyers, sellers, brokers and developers are reacting based on short term interest rates and quick profit considerations. Market activity appears to be dominated by end users and speculators. While the market has been strong and accelerating for more than 18 . months, these conditions could change very quickly. Market participants are advised to proceed with caution. NEIGHBORHOOD INFORMATION The property is located in Port of the Islands, a 500 acre waterfront resort community along US-41 between Naples and Miami. The Tamiami Trail (US-41) is a two lane, asphalt surfaced road constructed on a raised road bed dredged from the neighboring swamp and marshlands. , Within Collier County, US-41 runs along the coastline and then turns east and extends to Dade County. After its intersection with State Road 951, developments to the east gradually lessen and development becomes patchy. US-41 continues southeast 8 miles where it enters . Collier Seminole State Park at Royal Palm Hammock, the junction of SR-92. Then the road continues approximately 7 miles further east until it reaches Port of the Islands on its way to Miami. ~ Port of the Islands is located about 20 miles southeast of downtown Naples, 7 miles west of Everglades City, and about 80 miles west of Miami. The place is a significant location because it is here that Golden Gate Canal No.1 (a 130 foot wide canal that drains a 100 square mile " watershed) crosses US-41 and continues south for 3.75 miles where it enters the Ten Thousand Islands Aquatic Preserve. The first canal salinity weir is just north of US-41 affording useable water frontage and direct Gulf access to the portion of the development south of the highway. 14 ,-,,-~-, ".--,.-, ---,----,_.. -. .---,--.- Port of the Islands resort is an island in the sense of its isolation from oth}dsJmlt and in the sense that it is an area of filled land surrounded by State owned wetlands. The original development in the late 1960's and early 1970's consisted of a 185 room Spanish motif waterfront resort hotel and marina south ofUS-4l, a smaller hotel of the same general design north of the highway, a skeet range, an air strip and a great deal of excess land, some of it waterfront. The facility was constructed to support the sell out of land in Remuda Ranch Grants, a large land sale operation conducted by General Acceptance Corporation (GAC). The land operation partially sold out, GAC fell into bankruptcy and the resort facility fell into neglect. The resort languished for years under several owners. - In the late 1990's and early 2000's the excess land was sold off and new residential development began. Nowthe area south ofUS-4l west of the canal is about 95% built up with waterfront and non-waterfront condominiums. The only area remaining undeveloped is just south of the highway. The area south of US-41 and east of the canal is about 60% built up with a mixture of condominiums and single family residences almost all of which are , waterfront. North of the highway is only about 30% built up. The old second hotel remains, but it is in disrepair. There is an RV park, the skeet range, a water/sewer package treatment plant and a cell phone communications tower. New construction is scheduled for this area in the near future. The future development potential of the entire resort area is controlled by the allocation of developable units which are tied to water/sewer connections. The entire area is served by a limited-capacity water plant and sewage treatment system. The entire area is filled 3 or 4 feet to an average elevation of about 5 feet above mean sea level, although the amount of fill varies from parcel to parcel. Drainage is fair. The entire area is subject to occasional tidal flooding during severe weather conditions. The federally mandated minimum floor elevation requirement for new construction is 7 feet. Essential services, medical facilities, schools and retail shopping are all more than 15 miles distant. The community has no fire/EMS station and no retail store of any type. Nuisances and hazards include mosquitoes, which can be a problem during the summer months, and there is the perennial threat of hurricanes and flooding. Manatee protection zones in the adjacent Golden Gate Canal reduce boat traffic to idle speed greatly reducing the utility of access to the Ten Thousand Islands and the Gulf of Mexico. The resort hotel attracts a few travelers, but mostly folks from the coastal community interested in fishing and getting away from the city. Ecotourists come to see a population of manatee that gather below the salinity weir in the volume ofwarm fresh water flows down the canal. The Port of the Islands resident population is very seasonal and there are few children. This is true of the new development south of the highway and of the older RV park north of the . road. Most residents are of retirement or near retirement age and in the upper middle income group. , Land values range from less than $50,000 per acre for the non-waterfront multi-family interior to several times that for the water front single family home sites. Values have risen dramatically in keeping with other parts of Collier County. I The outlook for the Port of the Islands area is reasonably good. Continuing growth of the coastal community will support the resort as a quiet place of refuge and additional residential development will ultimately support limited commercial and better essential services. Real estate value are expected to increase. LEGAL DESCRIPTION We were not provided with a legal description for the property being appraised. 15 161 1 .~ . . . ,;;;t '!,,',.! The subject property was described as: A 1.5 acre parcel located in the southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, lying adjacent to and south of the Port of the Islands water / sewer package treatment plant. We calculated the north-south dimensions required to form a 1.5 acre parcel out of the :t2.898 acre parcel immediately south of the treatment plant which is referenced as Parcel B on page 3 of Exhibit A, to the Special Warranty Deed recorded in Official Records Book 2102, Pages .- 1832 through 1837 of the public records of Collier County, Florida A copy of that base deed is in the Addendum. PROPERTY INFORMATION Site The subject is a rectangular parcel of65,340 square feet (:t1.50 acres) located.7 mile north of US-41 adjacent to and immediately south of the Port of the Islands water/sewer treatment package plant. The property forms a long, narrow rectangle about 135 feet deep and 487 feet long. The subject is accessible via Union Road (the only road in Port of the Islands leading north from US-41) which is a 2-lane, asphalt surfaced, divided road for 2,200 feet until the old hotel complex and then continues beyond the hotel as a 2-lane graded lime rock road to the treatment plant facility and beyond. Union Road is owned and maintained by the Port of the Islands Community Improvement District. > The land is level and drainage is fairly good. According to a USGS map the average elevation is approximately 5 feet above mean sea level. Public utilities including electricity and telephone are available. Public sewer and water is available at Port of the Islands, but this property has not been entitled to a sewer and water connection. The property has been selectively cleared and bush hogged. A few trees still remain. . The subject property is bounded by the water/sewer treatment facility to the north, State lands to the east, a dormitory or wing of the hotel to the south and Union Road to the west. . Across Union Road is an open field that is used to park RV's, boats and trailers. > This is an oddly shaped parcel adjacent to the treatment plant site. . ENVIRONMENTAL CONTAMINATION . This is a factor of unknown risk. Unless otherwise stated in this report, the existence of hazardous substances or environmental conditions including but not limited to asbestos, .. polychlorinated biphenyls, petroleum leakage, agricultural chemicals, urea formaldehyde insulation, lead paint, toxic mold, et cetera, which might or might not be present in or on the property were not called to the attention of the appraiser. Nothing like this was discovered during the property inspection and no environmental assessment report was made available for review. 16 ..,.".~..,- ._....,-~..," ,_.,,-_. .... -~...^. "_"'_~~U_H_ Such tests were not in the appraiser's required scope of work, the ap~ol q~ed to test for such substances and conditions and the appraiser is not d 0 nder ":" professional opinions in this specialty area No responsibility is assumed for any such conditions that might exist, or for the knowledge and expertise required to discover them. The property was appraised as though uncontaminated and the value estimated is predicated on the assumption that there is no such condition on, in, or proximate to the property that would diminish value. NATURAL RESOURCE CONCERNS Unless otherwise stated in this report, we have not discovered, been told of, or received documentation indicating any unusual natural resource concem that would tend to make this property more or less valuable than another. Specialized natural resource audits were not in the appraiser's required scope of work, the appraiser is not qualified to conduct such audits and the appraiser is not qualified to render professional opinions in this specialty area No responsibility is assumed for any extraordinary natural resource concems, or for the knowledge and expertise required to discover them. The property was appraised as though there are no unusual natural resource concems. GROWTH MANAGEMENT PLAN AND ZONING The Collier County Growth Management Plan (GMP), identifies the property as being within a designated Urban Residential Subdistrict. The purpose of this Subdistrict is 0 provide higher densities in an areas with fewer natural resource constraints and where existing and planned public facilities are concentrated. The property is currently zoned "RT" - Residential Tourist District. The purpose and intent of this district is to provide lands for tourist accommodations and support facilities, and multiple- family uses. Permitted uses include hotels and motels, multiple-family dwellings, family care facilities, timeshares and townhouses. Certain customary accessory uses are also permitted and other uses such as churches, private clubs, and marinas are permitted under condition of approval. This is the zoning district that applies to the subject, the old hotel complex, and the adjacent RV park. . A copy of applicable sections of the GMP and the "Rf" district regulations is included in the Addendum. , PUBLIC UTILITIES AND CONCURRENCE Public utilities including electricity and telephone are available at the subject property. Public sewer and water is available on Port of the Islands, but this property has not been entitled to a sewer and water connection. " It is assumed that entitlements to water and sewer service can be obtained. There are no concurrence issues adversely affecting this property. . 17 ASSESSMENT AND TAUS 161 1 By statute, real estate in Florida is assessed at 100% of fair market value as of January 1 of the tax year. Certain discounts are allowed which represent costs of sale. The Collier County property appraiser applies statistical methods to assure that assessments comply with standards established by the Florida Department of Revenue. The tax assessment is usually not a reliable indicator of market value. ~ The subject is assessed and taxed as part of a much larger parcel some of which is waterfront. We estimated the assessment and taxes applicable to the subject based on the utility parcel adjacent to the north because it is so similar in location and physical characteristics. The estimated assessment and taxes for 2005 are as follows: Land $ 11,250 Improvements 0 Total $ 11 ,250 Taxes $ 176.80 (March payment) The estimated land assessment is $7,500 per acre. CENSUS AND FLOOD ZONE DATA The data pertaining to the subject property is: National Flood Insurance Program Flood Insurance Rate Maps Revised June 3, 1986 Community - Panel Number -- 1200678500 Flood Zone AE - Required Elevation - 7 feet APPARENT OWNER OF RECORD According to the tax roll, the owner of record is: OIde Florida Investments LTD. . 12425 Union Road Naples, FL 34114-9626 . TRANSACTIONAL HISTORY OF SUBJECT PROPERTY There have been no meaningful transactions in the past five years. CURRENT STATUS OF SUBJECT According to the client, the property is not currently listed for sale, there are no written offers to purchase and it is not under contract pending sale. 18 "- .. '.,"....* --- >--<-- 161 1 ,'" HIGHEST AND BEST USE Definition Highest and best is defined as follows: ~ The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The definition is taken from page 171, The Dictionarv of Real Estate Appraisal, third edition, published in 1993 by the Appraisal Institute. , Method Highest and best use of land (or of a site) as though vacant assumes that a parcel of land is l vacant or that it can be made vacant by demolishing any improvements. With this assumption uses that create value can be identified, and the appraiser can begin to select comparable properties and estimate land value. Land as though vacant is a fundamental concept of valuation theory and it forms the basis for beginning the cost depreciation approach. Highest and best use of a property as improved pertains to the use that should be made of an improved property in light of its improvements. This is helpful in identifying comparables for the whole property. A comparison of the highest and best use of a property as improved with the highest and best use of the site as though vacant is useful in recognizing any depreciation , inherent in the improvements. There are four criteria that must be met in order for a use to be the highest and best use for a given property. The highest and best use must be: 1. Physically possible. 2. Legally permissible. l 3. Financially feasible. , 4. Maximally productive. ,. , Ordinarily these criteria are considered sequentially, each step narrowing the range of alternative uses being considered. . , Analvsis . Physically Possible - A variety of uses are physically possible. The location and route of , access suggests a utilitarian use compatible with the treatment plant and not dependent on highway exposure. Legally Permissible - The RT - Residential Tourist district zoning permits a variety of . residential uses and other uses accessory to residential. In addition, certain conditional uses are also permitted. Given the lack of water/sewer entitlements some use other than multi- family residential seems appropriate. . : 20 ---"'""~--"'-""-'- """",_.".,, Financially Feasible - The financial feasibility of current development is uncll 6w L1 single family residential use is possible assuming water/sewer entitlements can be obtained. A viable, non-residential use is not so obvious. After more of the area is developed this site might be useful for open air storage or even mini-storage if the necessary conditional use approvals can be obtained. Maximally Productive - The maximally productive use is some kind oflow density residential use. CONSIDERATION OF APPROACHES The sales comparison approach is the only appropriate approach. . SALES COMPARISON APPROACH Sales Data A search was made for sales of land comparable to the subject site. Seven sales were identified as the best available for analysis. Due to the unusual location of the subject property only one of the sales is located on Port of the Islands. The rest of the sales are located in similar locations throughout Collier County. We tried to find comparables that were a good distance from Naples and on the fringe of development. All of the sales have similar land uses as the subject property. Price per square foot was developed as the unit of comparison, since that is the unit most often utilized by local buyers, seller, and brokers of commercial sites. Data for the land comparable sales is given on the following pages. Each comparable is identified by a number which will be used for reference throughout the report. Each comparable is identified on the location map immediately following this page. Price per square foot was developed as the unit of comparison since that is the unit most often utilized by local buyers, seller, and brokers. . Data for the land comparable sales is given on the following pages. Each comparable is identified by a number which will be used for reference throughout the report. Each . comparable is identified on the location map immediately following this page. ~ . , . . . . 21 LOCATION MAP FOR SUB.IECT AND COMPARABLE LAIID ~ 6 11 .- --- , I I . ~l"^"'''f\;''''''''''''',;'' , I r I L . . . ~ . . . . 22 ---.. ,..........~. ., ..-.-..,."...- , ._.- VACANT LAND COMPARABLE 01 161 1 2947/2948 ============================================================================ LEGAL: Tract A and B, Port of the Islands (The Cays) Phase II, according to the Plat thereof, recorded in Plat Book 21, Page 1, of the Public Records of Collier County, Florida. Located in Section 9, Township 52, Range 28, Collier County, Florida 68300000108 & 68300000205/PIC 5817 289 Cays Drive ============================================================================= OFF. REC. BOOK-PAGE: 1997-657/663 SALE PRICE: $395,000 DATE OF CONTRACT: unknown DATE OF RECORDING: 9-21-2004 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: Angelo Wayne Carmignani & Angelo Brooks Carmignani, 41 East Pelican Street, Naples, FL 34113 . . GRANTEE: Cloverfield Investments, Inc., c/o M. Pickel, 2344 Clipper Way, Naples, FL 34104 VERIFICATION: On 27 October 2005, I spoke to John Wanklin, the owner of the property. He said that he paid $395,000 for the land, it was a cash deal, and an arm's length transaction. He thought the contract date was 4 months prior to the closing date. At this point he is not sure what he is going to do with the property. Mr. Wanklin also said that he would have paid a 20% premium for the parcel on the water. He explained to me how valuable sewer connections or ERCs are in Port of the Islands. The land he owns came with 20 ERC's and he has been offered $20,000 for one ERC, but he thinks they're worth $25,000 a piece. FINANCING: Cash CASH EQUIV. PRICE: $395,000 AREA: 218,671 square feet UNIT PRICE: $1.80 per square foot , TOPO-ELEVATION: Level; approximately 5 feet above mean sea level. . DRAINAGE: Fair ]. GROUND COVER: Cleared. . LAND USE DESIGNATION: Urban Residential Subdistrict. ZONING: "C-4" - General Commercial. . IMPROVEMENTS: None. UTILITIES: All available. t PRIOR SALES: No prior sales in the last 5 years. 23 p :11 ,,;~,,:.e~~~:~l" i \ ' '. a. ~ ..~~....w.......,,~... . .......... -..."""....-. _..-,_.~..- ....-.........- ..' -.... -' -.... -- "--'1 ----".---.,...-.. I J I I I I -_.~- ~ - - -- -- I .---. ~ ~...-.-... .. .,.--~-'-' -,....---."-_._.,~--".- . -_.~->_....~" ,._---...~....,~,..--... '':-";.,1(~ t' ." . ~.; ;,....1l'~, ", '~"(~r '\ .,.'J';~t~ . (~~. '!~~'- ~;. ~ ':;/" ~~~::~s~~ ';~;;:...; ,. . ~ ," . __, ' ' .-.".., .~. :;4.. , " ~,;,;,. _:t/!,:,.'~ . 1611 " VACANT LAND COMPARABLE 02 2947/2948 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ LEGAL: Lengthy legal description. Located in Section 20, Township 51, Range 27, Collier County, Florida. 00770080208 & 00764000003/PIC 5818 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ OFF. REC. BOOK-PAGE: 3880-3329 SALE PRICE: $225,000 DATE OF CONTRACT: unknown DATE OF RECORDING: 9-1-2005 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: Northem Trust Bank of Florida N .A., c/o Robert J. Folsom, 1919 Indian Hill Street, Marco Island, FL 34145 . GRANTEE: East Trail Properties Inc., 3360 Montara Drive, Bonita Springs, FL 34134 VERIFICATION: On 20 October 2005 I spoke to John Kemon the owner of the property, he verified that he paid $225,000 for both lots and that it was a cash deal. He also stated it was an arm's length transaction and he is holding the land as an investment. According to a sign on the property a total of 3.66 acres, which is made up off our lots, is listed for $1,600,000. FINANCING: Cash CASH EQUIV. PRICE: $225,000 AREA: 79,715 square feet UNIT PRICE: $2.82 per square foot TOPO-ELEVATION: Level; approximately 5 feet above mean sea level. DRAINAGE: Fair . GROUND COVER: Heavy cypress swamp that it wet most of the year. LAND USE DESIGNATION: Urban Residential Subdistrict . ZONING: "C-4" - General Commercial . IMPROVEMENTS: None. . UTILITIES: Electricity and telephone, no public water and sewer. . PRIOR SALES: No prior sales in the last 5 years. , . 25 ... ,I ..,. ,. , y:~~>(;o;~,~.~",,, ' , ",: <l .~""- :," ";,,,l~~, ,. , --~<.;. ". ..'1":;'~~,:':'i>' ":' .',;-S;. , ..... '"." ... " " ,,//'~~>':~:'''''''':';:S'~;'~~"'''' / ,. . ". " ./ / / ',~;3;;~,;.. / / / JII.,,"'" c'. . ./ / /// if/f' .""'~. .... "'~ ..j//' ., "~~ " }(i.1!~f}';'~&<'I' e-. - ~". ",&(~,; ,~,;,y:~'!J"!l~ol<_~.. ,,:y..'" ';~.' ,::' ",\.\t~~':i~~i~f.; 'tJ\'DIlf-J'i"'!'; . VACANT LAND COMPARABLE 03 1611'. 2947/2948 ============================================================================== LEGAL: Lengthy legal description. Located in Section 3, Township 51, Range 26, Collier County, Florida 00724880001/PIC 5823 ============================================================================= OFF. REC. BOOK-PAGE: 3615-3605 SALE PRICE: $150,000 DATE OF CONTRACT: unlmown DATE OF RECORDING: 7-29-2004 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: Lutheran Church Extension Fund - Missouri Synod, Sunset Corporate Center 10733 Sunset Office Drive, St. Louis MO 63127 GRANTEE: Julio Garcia and Jesus Herrera, 4730 15th Avenue SW, Naples, FL 34116 VERIFICATION: Public records search. FINANCING: Cash CASH EQUIV. PRICE: $150,000 AREA: 175,982 square feet UNIT PRICE: $0.85 per square foot TOPO-ELEVATION: Level; approximately 6 feet above mean sea level. DRAINAGE: Fair GROUND COVER: Scattered with palmettos, pines, cabbage palms, melaleuca, and Brazilian pepper. . LAND USE DESIGNATION: Urban Residential Subdistrict . ZONING: "A" - Rural Agricultural District , IMPROVEMENTS: None. . UTILITIES: All available. PRIOR SALES: No prior sales in the last 5 years. . . 27 , ",. ... ". , '.. " ,,'a:<. . ,~,." " ,. J>'; - -......;'...-'.. " , '"." ~" ~A:' ':' .;. ;'; ,. '" ',.' '."... d":' .' <,'. '\ ,,~", >' . ."'ot'~"~ . . :" ~... ...... ~ ,.;.....,. """l". ~. .. .' ~. -.';' ~ "', : 16' 1 ;~";.1 VACANT LAND COMPARABLE 04 2947/2948 ============================================================================== LEGAL: Lot 15 and 16, Block 27, Replat of Town of Everglades, according to th Plat thereof, as recorded in Plat Book 3, Page 73, of the Public Records of Collier County, FL. 83742001009 & 83742000000/PIC 5819 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ OFF. REC. BOOK-PAGE: 3767-111/3823-2963 SALE PRICE: $245,000 DATE OF CONTRACT: unknown DATE OF RECORDING: 4-5-05/6-17-05 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: Robert J. Wells, Sr. GRANTEE: Thomas Moody and Valerie Moody, 11448 Ridgewood Lane, Burr Ridge, IL 60527 VERIFICATION: On 1 November 2005 I spoke to Bob Wells, seller and Everglades City real estate broker. He explained to me that although this was recorded as two separate sales it should be treated as one. He said that 90 days prior to the closing date he and the buyer agreed to a price of $425,000 for both lots. The buyer had the option of purchasing one lot or both lots. They originally planned on buying one lot, but when the closing came around they decided to purchase the second lot and that is why there is a two month gap between the sales. Mr. Wells confirmed that it was an arm's length transaction and that it was a cash deal. He also informed me that both of the lots are back on the market for $425,000. FINANCING: Cash CASH EQUIV. PRICE: $245,000 AREA: 26,136 square feet UNIT PRICE: $9.37 per square foot TOPO-ELEVATION: Level; approximately 5 feet above mean sealevel. DRAINAGE: Fair , GROUND COVER: Cleared. LAND USE DESIGNATION: Village Commercial District. ZONING: 'VC" - Village Commercial. . IMPROVEMENTS: None. UTILITIES: All public utilities available. . PRIOR SALES: On 1 Apri12004 Bob Wells purchased 4 lots for $200,000. He explained that the individuals who sold him the lots made him a deal. The deal was that he could either buy them or that they would sell them to someone else for a higher price. Bob paid around $50,000 for each lot and he said that they were each worth around $100,000 at the time. Due to the fact the previous sale price was not a fair market value, a change rate can not be calculated. 29 . , .....,.., r I ! 'f j , ~ I I, . ' ~, II: ~. or' ,<.,1 .~y!~ , ' . ,:t., ,~ .. . ~ .' ,;~-,~"', -1 ~''''J'-.'. .r",'>;' ~ '.. ,,' ,- . '.", ',I!I':' c . -. " ...,0"" J ~~ - If ~~ ) ( '~'~&,' , ....~ ~'" :;". "., '~.' . ,~\; .,: ~i .. '. " ;1 r ::":' ., :r~j, ., -. :.~'~~~ I . "I f '..I! & '1" -. 1" ; , \ . " , . !lIQ ~ I I,.a." , , .;.. 1" ! ...:." " ~ , . ':,f~)~,:, ~ .~ ";'V 't" . 161 1 . "j VACANT LAND COMPARABLE 05 2947/2948 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ LEGAL: Lot 14, Block 27, Town of Everglades, according to the Plat thereof as recorded in Platt Book 3, page 73, Public Records of Collier County, Florida. 8374l840009/PIC 5820 ============================================================================== OFF. REC. BOOK-PAGE: 3794-1502 SALE PRICE: $155,000 DATE OF CONTRACT: unknown DATE OF RECORDING: 5-10-2005 LISTING PRICE: unknown DAYS ON MARKET: unknown . GRANTOR: Robert J. Wells, Sr. GRANTEE: Bruce C. Robertson and Richard L. Robertson and Harty A. Streamer and Sandra r R. MacEachery, each as to an undivided 25% interest as tenants in common. VERIFICATION: On 1 November 2005 I spoke to Bob Wells, seller and local Everglades City real estate broker. He confirmed that it was an arm's length transaction and it was a cash deal. FINANCING: Cash CASH EOUIV. PRICE: $155,000 AREA: 14,810 square feet UNIT PRICE: $10.46 per square foot TOPO-ELEVATION: Level; approximately 5 to 6 feet above mean sea level. DRAINAGE: Adequate. GROUND COVER: Cleared. , LAND USE DESIGNATION: Village Commercial District. ZONING: "VC" - Village Commercial . . IMPROVEMENTS: None. j. UTILITIES: All public utilities available. PRIOR SALES: On 1 Apri12004 Bob Wells purchased 4 lots for $200,000. He explained that . the individuals who sold him the lots made him a deal. The deal was that he could either buy them or that they would sell them to someone else for a higher price. Bob paid around $50,000 for each lot and he said that they were each worth around $100,000 at the time. Due to the fact the previous sale price was not a fair market value, a change rate can not be calculated. . . . 31 < , ~>11' ';:.. ." ... " ;:,~:. .'~ '>; \:..-.'~ - ,:' ~ "~" ,:,:' '~.', . %~ \1 .;' ;:'-'1" ". 'h ~ ".1 b(' {;:.~ I .f 1"' i .;,.! ",~,l!l.'.\.....'..'- r "l"t,F~'" 1 .... . ~~...~.., ., t;"~'" \; ,;': J!<iJ, ' c ' .,' . ., ,,:'~' ! , ~.. ""'Ii."",.._~ . .. ~ .- -,. ':.' - .:" .... -:". , - . " I I , f1t '"", '/T...ii ,........,' ~T j --fJlf~ t~:~:;4 << I. ~,~"; 0: I....' ~...,;, ~!. ~-- ~. ,. : .,~~ . ' ~ ~, ; ,. . . ... _~.\r! " ~~ rI'III'j ~ JI'l] . 'I i:.;:j~;~ ' SIJ,"':~J1i1/~ ~ VACANT LAND COMPARABLE 06 1611 2947/2948 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ LEGAL: All of Tract 125, Unit No. 12, Golden Gate Estates, according to the Plat thereof, as recorded in Plat Book 4, Pages 105 and 106, of the Public Records of Collier County, Florida Located in Section 9, Township 49, Range 27, in Collier County, FL. 37169520009/PIC 5821 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ OFF. REC. BOOK-PAGE: 3746-3431 SALE PRICE: $1,150,000 CONTRACT DATE: unknown DATE OF RECORDING: 3-7-2005 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: William F.V. and Barbra J. Gallagher GRANTEE: Black Bear Properties of Florida, LLC, 840 Jung Boulevard West, Naples, FL 34120 VERIFICATION: On 2 November 2005 I spoke to Winnie Apperson with ERA and she said that the owner had it listed for $3,200,000. This property is currently located in a neighborhood center and she said they were in the process of getting it rezoned and that it would be zoned commercial by February 2006. FINANCING: Cash CASH EQUIV. PRICE: $1,150,000 AREA: 211,702 square feet UNIT PRICE: $5.43 per square foot TOPO & ELEVATION: Level: between 13 to 14 feet above mean sealevel. DRAINAGE: Adequate GROUND COVER: Cleared LAND USE DESIGNATION: Neighborhood Center , ZONING: "E" - Estates District r IMPROVEMENTS: None . UTILITIES: Electricity and telephone, no public water and sewer. . . PRIOR SALES: No prior sales in the last 5 years. I . I 33 '''' ". ;... \. ' ..... : , . '~,~~~! : . ..~ I~;~~" ';'~,"" , .... ,~; .~ I \t.... " .' I "t ~"""'5~; ~:~: '.. . '~!:~'.. : , , , .if' - l ""'>N1,~~~~~~....:~'_"~.:.!;$;:::1'<';\\'.y~1,,,. ~--- . . . . , , ;. t. . .~ .....,;; ..\~.: j .,,;~ ; Ii "t/,j ;:'~;_:-~_';' '<l~ . 1_'. ,~ .~ ~J t .~ ;, ...- .. .' . i.". il '< , ,~~.r' ~,OII.:." , .,-"+' < '\.lo , t1 "'i~ .)d_r'.;....... ~'.i' .,. ,t,; ...~ .~\It. J. ._~ ''''. lfA.~\i~" . 1611 I VACANT LAND COMPARABLE 07 " 2947/2948 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ LEGAL: Tract 97, Golden Gate Estates, Unit 81, according to plat thereof as recorded in Plat Book 5, Page 19 and 20, of the Public Records of Collier County, F10rida Located in Section 7, Township 49, Range 28, in Collier County, FL. 40930760001/PIC 5822 ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ OFF. REC. BOOK-PAGE: 3645-3206 SALE PRICE: $415,000 DATE OF CONTRACT: unknown DATE OF RECORDING: 9-20-2004 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: JimmyT. Gray and Eunice L. O'Farrell GRANTEE: E's Country Stores, LLC, 21246-C Clubside Drive, Boca Raton, FL 33434 VERIFICATION: On 1 November 2005 I spoke to Burton Eisenbud, owner of the land. He confirmed that it was an arm's length transaction and that he paid cash for the land. He also said that the land has quadrupled in price and it has been on the market for 3 months listed at $2,200,000. He says that the reason for the increase in price is due to a possible exit off of 1-75. FINANCING: Cash CASH EQUIV. PRICE: $415,000 AREA: 237,838 square feet UNIT PRICE: $1.74 per square foot TOPO-ELEVATION: Level; between 13 to 14 feet above mean sea level. . DRAINAGE: Fair GROUND COVER: Pines, palmettos, and cabbage palms. . LAND USE DESIGNATION: Neighborhood Center ZONING: "E" - Estates IMPROVEMENTS: None. , UTILITIES: Electricity and telephone, no public water and sewer. PRIOR SALES: No prior sales in the last 5 years. ! . 35 . i"~'~ ; ! I i ;"(:'''' :'; j J ; I. I I i f .' 1 1 ! A! I I I l' i I , I i r I .........,. '~': ,.;- ____________ ' I ~----_. -.-.-.-.--- ~._-'"_..-_.,-- ~~ -\::r'~ ~."....;l~, ~~~~~~~~;~.. . , .'! it ~ ;, ~l . . . ~ ".~~.,' ' it. ../ l~ ..: . 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Adjusting comparable sales is a two step process. First, adjustments are made so that all of the comparable sales meet the standard of a "market" transaction as outlined in the definition of market value. Customarily, the first group of adjustments are made before the comparables are reduced to a common unit of comparison. Included at this stage are adjustments to bring historic sales current to the appraisal effective date. The second group of adjustments are made after an appropriate unit of comparison is chosen. , These adjustments account for physical differences like location, physical characteristics and size. Sometimes adjustment is required for differences in the permitted land use (zoning) or in the availability of public services (infrastructure). When the adjustment process is complete, the unit value indications are reconciled and converted into an estimate of value for the subject. Conditions of Sale - This adjustment category is intended to account for a variety off actors that might affect the purchase price. These factors include, but are not limited to; fees or commissions not paid as part of the purchase price, personal property included with the sale of real estate and buyer/seller motivations inconsistent with the normal market that result in a premium or a discounted purchase price. None of the comparable sales required adjustment in this category. However, we are suspicious of how well informed the purchaser was in the sale of comparable 2. This is heavy cypress swamp that might prove very difficult to permit for development. Building Improvements - This category of adjustment is intended to account for the positive or negative contribution to value of building improvements included with the sale of the land. Buildings that made a positive contribution to the sale price require a negative adjustment. Buildings that were demolished and removed require a positive adjustment to account for demolition costs which are treated as part of the purchase price. . None of the comparable sales required adjustment in this category. Financing - Adjustments in this category are intended to account for unusual terms of financing that are not considered equivalent to cash or conventional financing. Where . conventional financing is not the norm, other terms of financing may be "cash equivalent" . provided such terms are not so favorable that the purchaser is induced to pay a price outside of the normal market range. . None of the comparable sales required adjustment in this category. . Market Change - This adjustment is intended to account for changes in value due to the ebb and flow of market forces over time. This is often referred to as a 'Time" adjustment. The more precise term is Market Advancement or Market Decline. Accounted for by this adjustment are the influences oflocal supply and demand as well as broader financial considerations such as . inflation and recession. In reviewing recent sales we can see that until recently the advancement of the rural/fringe , Naples commercial land market and has been slower than the downtown or north Naples markets. Market change rates of .75% to 1.50% per month were typical for the period from 2003 through early 2004. Since then, evexything to the south and east of Naples all the way down to Everglades City has accelerated and change rates in excess of 3.00% per month are . 38 --,.~-_....,~. <._-"._._-~..,~",._-,"--~ ~ 'M" ....-. 1611- ',> typical now. There is relatively little accurate data on which to base a market advancement rate, but it is sufficient to conclude a change rate of at least 3.00% per month for the recent intelVal that applies to these comparables. Location/ Access/ Exposure - This category of adjustment reflects the impact on value caused by the advantages or disadvantages of a given location. The characteristics of location include access to the neighboring road system, traffic counts, comer characteristics, the amount of road frontage and the economic strength of the immediate vicinity. Occasionally, proximity to some desirable or undesirable geographic feature or manmade object is influential. Comparable 1 is superior due to its location near the US-41 frontage. The required adjustment is not great, probably only 10%. We adjusted the other comparables accordingly in order to keep them in proper relation. We have elected not to make additional adjustment for location, but to wait for the final reconciliation process to array the adjusted comparables and attempt to bracket the subject property based on location. Utilities/Infrastructure - This category of acljustment references the availability and adequacy of the road system, the public water distribution system and the public waste water collection system of each comparable property as that compares with the same selVices available to the subject property. The subject is without entitlements for water and sewer selVice. The best information we have suggests that a water/sewer entitlement is worth at least $20,000. Dividing $20,000 by the area of the subject property results in $.32 per square foot oflot area Comparables 1, 3, 4 & 5 were adjusted negative $.32 per square foot for water/sewer entitlements. Comprehensive Plan/Zoning - This category of adjustment accounts for differences in the potential land uses (Comprehensive Plan) or in the specific uses (Zoning) to which a property could be developed. Differences in value between the subject property and comparable sales might exist because their highest and best uses are different as a result of government regulation though zoning and land use controls. None of the comparable sales required adjusting in this category. Size / Shape - TIris category of adjustment addresses the affect on the marketability of a given property, because its physical size/shape might limit the physical utility, or because the size and term of the financial investment required of an investor/speculator is such that the unit , price is reduced. The subject parcel shape is long and narrow. The depth from frontage to rear property line is . shallow such that after setback requirements the remaining useable area is only about 65 feet. We believe all of the comparables are superior in shape and we made a negative acljustment to each of 10%. Physical Characteristics - This category of adjustment reflects the physical aspects of a property that impact its use for development. Physical characteristics includes land elevation, soil conditions, drainage characteristics, threatened or endangered plant and animal species on the property and the extent and density of covering vegetation. An positive adjustment of 30% was made to comparable 2. This was done is spite of the question we have about the conditions of sale. It is possible that a much larger adjustment is appropriate, but that the purchaser overpaid. 39 Recapitulation of Data 16 J 1~1 After making the adjustments discussed above, the comparable sales offered the following indications of unit value for the subject site: Price Per Square Foot Comparable Indicated For Subiect I $1.85 2 $3.24 3 $1.96 4 $9.00 5 $9.74 6 $5.55 7 $2.10 Reconciliation To arrive at a conclusion regarding the value of the subject, the comparable sales will be arrayed such that some will be superior in location, some will be inferior and some similar. Comparables 4, 5 & 6 are all clearly superior being in active commercial locations. The unit value for the subject must be lower than $5.55 per square foot. Before the adjustment for zoning comparable 3 was clearly inferior. The zoning adjustment was 100%. Such a large adjustment is very difficult to support through direct market evidence and calls into question how much weight should be attributed to this comparable. The subject is certainly worth more than the $.76 per square foot indicated here before the adjustment for zoning. Comparable 2 occupies a superior location. Except for the doubt about how well informed the , buyer was, this sale sets an upper limit of unit value. It is possible that this indicator is higher than it should be. Comparable 7 is reasonably similar in location and comparable I is the best indicator. These two are generally in agreement that the unit value is somewhere in the vicinity of $2.00 per square foot. "- ESTIMATE OF VALUE . Adopting $2.00 per square foot results in an indication of unit value, as of 2 November 2005 of $130,680.00 ($2.00 per sq. ft. x 65,340 sq. ft.) which rounds to $130,000. It is assumed that entitlements to water and sewer service can be obtained. This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of 40 --"'.---."-~_,,>,_~ __.~,o"._""__..,.,.__..,,. _._---,---~<.__... 1611 \~ A . I Professional Appraillal Practice for a Summary Appraillal Report. As such, it might not include full cUscussions of the data, reasoning and analyses that are used in the appraisal process to develop the opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in the apprailler's me. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. 7:: ~ Raymon . Carroll, MAl, SRA Timothy W. Sunyog State-Certified General Appraiser State- Registered Trainee Real Estate Appraiser 0000165 RI17212 L . . . . 41 161 1" - ADDENDA CONTENTS (In order of appearance) P~e Topic P~e Count Assumptions and Limiting Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 2 Certification ............................................................. 1 Copy of Engagement Letter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Copy of Deed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 Copy of Future Land Use Map ............................................... 1 Growth Management Plan Regulation ......................................... 1 Zoning Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 1 Copy of Pertinent Section of Collier County Land Development Code .. . . . . . . . . . . . . . .. 1 , Qualifications of Apprmsers .. ........................................ .......2 . . " . i: , . 42 ~.~..... ....- ._". ",-,,,,.....,,.,,- ~"'.' ._" ,-~, 161 1 ~ .~ ASSUMPTIONS AND LIMITING CONDITIONS The certification of the appraiser appearing in this report is subject to the following assumptions and limiting conditions. ACCEPTANCE OF AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF ALL GENERAL AND EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS. EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning and analyses that were used in the appraisal process to develop the opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's me. The information contained in . this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. GENERAL ASSUMPTIONS AND LIMITING CONDITIONS 1. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable. 2. The property is appraised free and clear of liens and encumbrances. 3. Responsible ownership and competent property management are assumed. 4. The information fi.unished by others is assumed to be true, correct and reliable. A reasonable effort was made to verify such information, but the appraiser bears no responsibility for its accuracy. , 5. AIl engineering is assumed to be correct. The plot plans and illustrative material is included only to assist the reader in visualizing the property. . 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that might be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws. 8. It is assumed that the property is either in compliance with, or is "grandfathered" or "vested" under, all applicable zoning, use regulations and restrictions. . 9. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been, or can be, obtained or renewed for any use on which the value estimate is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described, and that there is no encroachment or trespass. 161 I'" 11. It is assumed that the subject site and improvements are not contaminated by any hazardous material or toxic substance. During the property inspection I was sensitive to obvious signs of contamination and I reported anything unusual. However, this appraiser is not qualified to render a professional opinion regarding the existence or the nature of hazardous materials in or on the subject property. If a definitive opinion is desired, then the client is urged to retain an expert in the field. 12. The distribution of the total value in this report, between land and improvements, applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 13. Possession of this report, or a copy thereof, does not carry with it the right of publication. 14. Unless previous arrangements were made, the appraiser, by reason of this appraisal, is not required to give further consultation, testimony, or to be in attendance in court. 15. Neither all nor any part of the contents of this report (especially any opinions as to value, the identity of the appraiser, or the:firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. " . r . . -"''"'''_.,-'- """""'___,""....._,,"0.",..., -'.,_._- 1611 ,., CERTIFICATE OF APPRAISER WE CERTIFY THAT, TO THE BEST OF OUR KNOWLEDGE AND BELIEF: We each personally inspected the subject property. Further, we each made an inspection of all comparable sales or listings identified in the report. The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial and unbiased professional analyses, opinions and conclusions. We have no present or prospective interest in the property that is the subject of this . report and no personal interest with respect to the parties involved. We have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. . Our analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. We are also subject to the Code of Ethics and Standards of Professional Practice of the Appraisal Institute, which includes provisions for peer review. The use of this report is subject to the requirements of the State of Florida relating to . review by the Florida Real Estate Appraisal Board and to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. . No one other than the undersigned prepared the analyses, opinions and conclusions concerning real estate that are set forth in this report. This appraisal report is the work . product of Timothy W. Sunyog. The appraisal was conducted and the appraisal report was prepared under the direct supervision of Raymond E. Carroll who concurs in the final opinion of value and accepts full responsibility for the report. . As of the date of this report Raymond E. Carroll has completed the requirements of the continuing education program of the State of Florida and the Appraisal Institute. . CARROLL & CARROLL, INC. l , z: ~~ Raymo E. Carroll, MAl, SRA Timothy W. Sunyog , State-Certified General Appraiser State- Registered Trainee Real Estate Appraiser 0000165 RI17212 COPY OF ENGAGEMENT LETTER 16 , 1 ~if DANIEL H. COX ATTORNEY AT LAW 206 West 6th Street Post Office Drawer CC Carrabe11c, Florida 32322 Of Counsel to Young. VBI1 A.ssenda:p. P .A. Telephone (8S0) 697-SSSS F8C8imi1e (ISO) 697.2171 Naples (239) 370-0842 E.mail dhcox@gt.com.IIet September 30, 2005 Mr. Ray Carroll Carron & ClInOll Real &tate Appraieal 2500 South Airport Road. Suite 206 Naples, FL 34112 RE: Appraisal Services for Port of the Islanda CoDUllUlUty Improvement District : Dear Ray: I'm sorry you and I were unable to connect while I was in town. As I mentioned, I represent the Port of the Is18Dds Community Improvement Dis1rict. The District is a governmental entity, and has determiDed to construct a fire station on property within the boundaries of the District. There lII'C two specific parcels that the District is interested in acquiring. They are shown on the map attached. Parcel A is located north of U.S. Highway 41 on Union Road. It is bounded by Union Road on . the west, the Dia1rict's utility facilities to the nortb, state owned lands to the east and an abandoned dormitory facility to the south. This pIlI'CCI comists of three acres. The owner bas agreed to donate 1.5 acres to the District at appraiaed value with the District potentially purchasing the additi0lla11.S acres. . Parcel B is located south ofU.S. Highway 41. It is bounded on the north. east and south by vacant commercial property and on the MSt by state owned lands. This parcel consists of 1.5 acres. Parcel A is zoned RT (residential tourist) and Parcel B is zoned C4 (General Conunercial). Neither conveyance will include utility capacity rights 8lISigned. Both would have to be rezoned to be used for the intended use. The diagrams attached show that the probable building , , , ,.,_.."------~,.~ "'^"--~ COPY OF DEED 1 6 I 1 ~a , _...................w:._...............~.........;r-.M.._ . lJ1NU II: nlZ II: WZ . ____11_-,. . _I&....._L__ ---- - -.. ____Wi .. ... ..... A. ....u. ....,.. - .... ..... .'ae I.... _ ....... ....., .... :ItS .... .- ---. ...... IlIA ---. 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II" l'flIIIHH!1 ! ill 'I! -I. i-I ; III : : : till: I i il ;111 Ii U II Ii n ;i II i II i i i i i i Iii r i I r jl j: ,: ji ,i j: ; flit' .jf I ~ I _ JJ!!ndm! _ 1,/',,)',Oo.:Y) "~"'_':' ;'Il'f'f.~II" ~.;/~ ~ .. " * :: I j> - - I l i I I nl I'd IHqqilllt! I i Ii w : I !! !IJijiiiji II, - J d ! I . !uL : .. : I ti! IHRIH ", II Ill! Il iljP' .. - ..110.... n oJ I ..11II 1(.1' I ~ '> I:':I'!I III w ~ II - 1 i i1:I,I~. " .. :: I 111111 : II I ii1j1mi - I I' I' I I' i"'." II ! II !'i!n =113d i I it !!llhi w ; I i I I ilUi; idUllli I I: lld:ij:I w :; :: oomm I I 1II.....m I H1H'~ I .. -- --... w - .. .. * * .. .. w .. - - w = . .. - .. w ... C . ::1 I' ... - - t ~J 1111 . ~ 51 jlil lli : I. " : l,,~ . ~t ,III I: d' III ..; ,> i II: " o,! 'Ii - :::>> ! 112 w - ... - ~ - ill : .. "" .., " , -,~.,.,.- 't II Alo-_ ,,","""- ~,,....._. 'oil -...,....., ...._~~,._.- COLLIER COUNTY GROWTH MANAGEMENT PLAN EXTRACT 1 6 I 1 ."" .\ :* to criteria. This may be accompUshed by encouraging coordinated mixed-use sites of water-dependent and willer-related land us.. are pennllled within the coastal ntglon of this District. Mixed-use sites ofwater-dependent and water..,.eIated uses and other rect88tional uses may Include water-related parks, marinas (public or private), yacht dubs, and related acceslOfy and recreational uses, such as boat Itorage, launching racilitl.., fueling raclllles. and restaurants. Any wilier-dependent and/or water-related land use shaD encourage the use of the Planned Unit OeveIopment tec:hnlque and oIher innovative approaches to conserve envirorvnentally sensitive features and to assure compatibility with surrounding land uses. (XII) Note: Collier County'. Land Development Code aIowslor the construction of private boathouse. and clocks as an ac:cesaory use to permilled uaes in thelolJowlng zoning dlatr1cts: Rural Agricultural (A), Residential SIngle Family (RSF 1-6). Residential Mulllple Family (RMF-6, 12, 16), ResldenUal Tourist (RT). Village Residential (VR). and Mobile Home (MH). Marinas are a pennltted use In the Commercial (C-3) and Commercial (C-4) Distrlcts. Marinas are pennltted as a conditional use in the RT DIalrIct. Marinas and boat ramps are pennltted as a conditional use in the Community Facility (CF) District. Boat yns and marinas are permitted as a conditional use In the VR DisIIIct. The Collier County Manatee Protection Plan (NR-SP-93-01) May 1995 restricts the location of marinas and may liml the number of wet slips, the construction or dry storage facilities, and boat ramps, baaed upon the Plan's marina siting criteria. (XI) Priorities lor shoreline land use shall be given to water dependent principal uses over water-related land uses. In ac:klltlon to the criteria of c:ompatIJIIIty wllh surrounding land uses and consistency with the sling policy of the Conservation and Coastal Management Element (Objective 10.1 and subsequent porlCies), the following land use crfIerta shall be used for prioritizing the slUng of water-dependent and water-related uses: a. Presently developed sites; b. Sites where water-dependent or water-related uses have been previously established; c. SItes where shoreine improvements are In place; d. Sites where damage to viable. naturally functioning wetlands. or other environmentaBy sensitive features. could be minimized. Port of the Islandlls a unique deYeIopment. which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Crlical state Concern. However, a portion of the development was determined "vested" by the state of Florida, thus exempting it from the requirements of Chapter 380. Rorlda statutes. Further, there Is an existing Development Agreement between Port of the Islands, Ine.. and the State of Rortda Department of Community Affairs dated July 2. 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban - Mixed Use Distrid in which it Is located to the extent that the overall residential density and commercIaJ Intensity does nol exceed that permitted under zoning at time of adoption of this Plan. 1. UrtMln Residential SUbdistrict The purpose of this SubdlstJfclla to provide for higher densities In an area with fewer natural resource conatralnta and where existing and planned public facUlties are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% or the . Urban Mixed Use District. Maximum elgible residential density shal be detennlned through the Density Rating System but shall not exceed 18 dwelling units per acre except In accordance with the Transfer of Devetopment Rights SecUon or the Land Development Code. . (IV)(XI) 2. Urban Coastal Frinae Subdistrict 28 . , . 1611 ZONING MAP '~ ~ --.. .... II l~rii lIitiL;~ " ~ I 'IIUN I r'l:i~ r- II" ~! ' 1 [ , lllil~~ I, , !ij-=- I ,. I ! . , Ii, II' 1.1 ill j'l j r I I' · W I =p r <( ,...... J I . , " ! W -B Z--I ..,." ---- OW ~-- N...... --- ~ h Ii: I , . I I il . 'JIltM nt......!:.- ":/_ ..~.-a~1 / , -- / t .. ' , . . / 1/ . I ~ . ,;; ,/ i .. / I i I ~ ./ 1= ~ . .......... . I t .I .. 1:;) , L .I i1 .I . i I I I , I ! / I r , . .... II 11 .._..__... . . "--<';'~ ",.---,~,."._~. -'>- .".-,< ....... - 111! 1 6 I 1~ ,~ COLLIER COUNTY LAND DEVELOPMENT CODE EXTRACT -..---. .._.~ _............... ~'"". .......... _._a......... ....... .. ...0............ .... Governmental, social, and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as conditional uses as long as they prese"'e and are compatible with the mid-rise multiple-family character of the dislricl The RMF. 12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-12 distnct shall not exceed the density permissible under the density rating system, except as permitted by pOlicies contained in the fulure land use element. F. Residential Multiple-Family-16 Dislrict "RMF-16". The purpose and intent of the residential multiple-family-16 district "RMF-16" is 10 provide lands for medium to high . density muttiple-family residences, generally surrounded by open space , localed in dose proximity to public and commercial services, with direct or convenient access to artenal and collector roads on the county major road network. Govemmental, social, and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multiple-family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part. by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density raling system, excepl as permitted by policies contained in the future land use element. G. Residential Tourist District "RT". The purpose and intent of the residential tounst district "RT" is to provide lands for tourist accommodations and support facilities, and . multiple-family uses. The RT district corresponds with and implements the urban mixed use distnct and the activity center district in the urban designated area on the future land use map of the COllier COunty GMP. H. Village Residential District "VR". The purpose and intent of the village residential district "VR" is to provide lands where a mixture of residenlial uses may exisl Additionally, uses are located and designed to maintain a vDlage residential character . which is generally low profile, with relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the . Collier County GMP. It is intended for application in those urban areas outside of Ihe coastal urban area designated on the future land use map of the Collier County GMP, . though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation . shall be guided, in part, by the density rating system contained In Ihe future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shaN not exceed the density permissible under the density rating . system. except as permitted by policies contained in Ihe future land use element, or as designaled on the Immokalee future land use map of the GMP. . l. Mobile home District "MH". The purpose and intent of the mobile home district "MHO is to provide lands for mobile homes and modular built homes es defined in this r land Development lOC. that ensure that they are consistent and compatible with surrounding land uses. The MH district corresponds to and implements the urban mixed- j, use land use designation on the future land-use map of the Collier County GMP. The maximum density permissible in the MH district and Ihe urban mixed use land use designation shall be guided. in part, by the density rating system contained in the future http://library2.municode.comlgateway.dJIIFL2Iflorida2l13411/1342211 34257f=templatesS... 12/23/2004 j . . . . 161 1 11 QUALIFICATIONS OF RAYMOND E. CARROLL AGE Bom in St. Petersburg, Florida, November 6, 1954 EDUCATION i Florida Atlantic University, Boca Raton, Florida Bachelor of Science - Real Estate - 1975 Appraisal Institute (AI) - (Required for Designation) The full battery of week-long courses required for SRA & MAl designation, including Real Estate Appraisal Principles, Basic Valuation Procedures, , Residential Properties, Capitalization Theory & Techniques, Part A, Capitalization Theory & Techniques, Part B, Case Studies in Real Estate Valuation, Valuation Analysis & Report Writing, and Standards of Professional Practice Continuing Education Ray Carroll has met the continuing education requirements of the State of Florida and of the Appraisal Institute. PROFESSIONAL EXPERIENCE Practicing Real Estate Appraiser Since 1975 Registered Florida Real Estate Broker Since 1980 Partner, CARROLL & CARROLL, Since 1984 Qua1ified Expert Witness, Circuit Court & Federal Bankruptcy Court : . PROFESSIONAL RECOGNITION SRA Designation - Certificate 1784, Eamed 08-02-83 MAl Designation - Certificate 8276, Eamed 10-20-89 State-Certified General Appraiser 0000165, Eamed 11-30-89 GRI Designation - Florida Association of Realtors, Earned 06-22-90 2000 Ad Miller Award Recipient - Naples Area Board of Realtors MEMBERSHIPS AND PROFESSIONAL OFFICES . National, State & Local REALTOR Membership Appraisal Institute, West Coast Florida Chapter, President 1997 , Appraisal Institute, 1998 Chair of Region X Appraisal Institute, Director 1996-1998 . APPOINTMENTS AND CIVIC OFFICES r . Naples Airport Authority, Member & Chairman, 1988-1992 Community Blood Center, Trustee 2001-2003 Graduate of Leadership Collier, Class of 2000 Vice President, Liberty Youth Ranch 2004- ,. Park PAC Chair 2004 PRACTICE INCLUDES ASSIGNMENTS FOR , Condemnation Special Purpose Properties General Litigation Commercial/ M ulti- family Properties , Private Consulting Agricultural Properties -_.._-_.._^"_.~ ..,_....~_...~ - .-..-. ___w. ._-~ -. .--,.----.--....-- 161 1 ,.>~ ,( *" QUALIFICATIONS OF TIMOTHY W. SUNYOG AGE Born in Naples, Florida, July 12, 1982 EDUCATION Rollins College, Winter Park, Florida Bachelor of Arts - Economics, May 2004 Florida Real Estate Appraisal Board Registered Assistant Appraisal Course (AB1), July 2005 BACKGROUND , Naples Grande Golf Club, Naples, FL Golf Course Attendant, Sept. 2004 - July 2005 VBS Financial Services Inc., Orlando, FL Investments Intern, Fall 2003 PROFESSIONAL RECOGNITION State-Registered Trainee Real Estate Appraiser RI17212 , Earned 08-25-05 PRACTICE INCLUDES ASSIGNMENTS FOR Vacant Land > Commercial Properties , . 16111_ COMPLETE APPRAISAL/ SUMMARY REPORT FOR PORT OF THE ISLANDS IMPROVEMENT DISTRICT (PARCEL B) AS OF 2 NOVEMBER 2005 AT THE REQUEST OF DANIEL H. COX, ESQUIRE OF COUNSEL TO YOUNG, VAN ASSENDERP, P.A. 206 WEST 6TH STREET CARRABELLE,FL32322 PREPARED BY CARROLL & CARROLL, INC REAL ESTATE APPRAISERS & CONSULTANTS 2500 AIRPORT ROAD SOUTH, SUITE 206 NAPLES, FL 34112-4867 (239) 775-1147 '2948-TS/RC . <~ .... .......... ~._--_. ^ ._m"..~._,__",,,,,.._... 1611 ~ TABLE OF CONTENTS .:..- "t PART ONE - INTRODUCTION ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SUMMARY OF IMPORTANT DATA AND CONCLUSIONS. . . . . . . . . . . . . . . . . . . . . . 2 LOCATION MAP FOR SUBJECT PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 AERIAL PHOTOGRAPH OF SUBJECT PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 COPY OF ASSESSOR"S PLAT ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 STREET SCENES NEAR SUBJECT PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PHOTOGRAPHS OF SUBJECT PROPERTY .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART TWO - PREMISES OF THE APPRAISAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SCOPE OF WORK/REPORT FORMAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 CLIENT USE AND INTENDED USERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PURPOSE OFTHE APPRAISAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 DEFINITION OF MARKET VALUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 APPRAISAL EFFECTIVE DATE ........................................ 11 DATE OF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ESTATE APPRAISED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PERCENTAGE OF OWNERSHIP INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART THREE - PRESENTATION OF DATA ..................................... 12 INFLUENCES ON VALUE ............................................13 AREA INFORMATION ............................................... 13 NEIGHBORHOOD INFORMATION ..................................... 14 LEGAL DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PROPERTY INFORMATION .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ENVIRONMENTAL CONTAMINATION ................................... 16 NATURAL RESOURCE CONCERNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 GROWTH MANAGEMENT PLAN AND ZONING ... . . . . . . . . . . . . . . . . . . . . . . . . . 17 PUBLIC UTILITIES AND CONCURRENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ASSESSMENT AND TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 CENSUS AND FLOOD ZONE DATA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 APPARENT OWNER OF RECORD ...................................... 18 TRANSACTIONAL HISTORY OF SUBJECT PROPERTY.. ........ .... ... . ... .18 CURRENT STATUS OF SUBJECT ..................... . . . . . . . . . . . . . . . . . 18 PART FOUR - ANALYSIS OF DATA AND CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 19 HIGHEST AND BEST USE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 CONSIDERATION OF APPROACHES ...................................21 SALES COMPARISON APPROACH. ... . ., . ..... ... . ....... ... ..... . .. ..21 LOCATION MAP FOR SUBJECT AND COMPARABLE LAND SALES ............ 22 VACANT LAND COM PARABLES ....................................... 23 LAND SALES ADJUSTMENT GRID .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ESTIMATE OF VALUE ...............................................40 ADDENDA CONTENTS .................................................... 42 , 1611 ~e PART ONE - INTRODUCTION 1 ""-"~ -"""""""""-~ - ."... ..~.,'. SUMMARY OF IMPORTANT DATA AND CONCLUSIONS 1 6 I 1- , ,I, This information is summarized only for convenience. The value given is the final, rounded conclusion of the appraisal. To use this summary without flrst reading the appraisal report could be misleading. PROPERTY APPRAISED This is a :1:61,637 square foot (:1:1.415 acre) commercial site just south of US-41 in Port of the Islands. SCOPE/FORMAT Complete Appraisal/ Summary Report PURPOSE OF THE APPRAISAL Estimate Market Value. CLIENT, USE AND INTENDED USERS The client is the Port of the Islands Community Improvement District. The intended use is to assist in setting a price for sale. The intended user is the Port of the Islands Community Improvement District. APPRAISAL EFFECTIVE DATE 2 November 2005 DATE OF REPORT 20 October 2005 ESTATE APPRAISED Fee Simple ESTIMATE OF VALUE $155,000 MARKET CONDITIONS WARNING The real estate market throughout Collier County is in moderate disequilibrium. It is a sellers' market wherein activity is best reflected in pending sales rather than closed transactions. Prices are rising rapidly and capitalization rates are at historic lows. Rental rates are not rising as fast as prices. Buyers, sellers, brokers and developers are reacting based on short term interest rates and quick profit considerations. Market activity appears to be dominated by end users and speculators. While the market has been strong and accelerating for more than 18 months, these conditions could change . very quickly. Market participants are advised to proceed with caution. EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS The subject property legal description makes no reference to an ingress/ egress easement. There is a paved service road crossing the property but we can find no evidence of legal access. For the purpose of appraisal, we assumed that the property will be granted legal access to Newport Drive without the loss of useful area. . It is assumed that entitlements to water and sewer service can be obtained. This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth - under Standard Rule 2-2(b) of the Uniform Standards 2 l~'ul"'. of Professional Appraisal Practice for a um ' Appraisal Report. A8 such, it might not include fall discussions of the data, reasoning and analyses that were used in the appraisal process to develop the opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's me. The information contained in this report is speciflc to the needs of the cUeDt and for the intended use stated in this report. The appraiser is Dot responsible for unauthorized use of this report. Standard Assumptions and Limiting Conditions are included in the Addendum. . " . . , , 3 u___" --",--,"_, ,""~"__,,,,,,,,,_,_,'d_ . "h"~ ...'" ,-~ ".",.,.,---..--..-.- ---~ 1611 '. >, LOCATION MAP FOR SUBJECT PROPERTY -- II Sunnilan . 29 I I I L-l i I I L___~ . / l Ev~rg',~~@~(;jty 4 . '. '. " ~ " 1.... I' '. "" " .. ' . '" '~ ~-, "i " , , , ~"~:;"~,,. ..' ..-........ ,- ,..~I.:~..,._, ."".. tl~' , , f, t, . . ;:'Il~<ih~"'Y -.'#,;.)", .. U' j ~l j"f:;a ~II! .~~~' .;reS::::: .." ...,,-,,- " " ,;,." ..,1. . '~ '" . . " I I ~ ,'j'. tIIil'~"""l..J I......~. "':'!mI. -, '. r .",,; ~l . I. " .. 16 I 1 '1;0 COPY OF ASSESSOR"S PLAT . -~.!!II!-,- ..... .~ _.- . ... -- -.... - ~ l-'--'-'-'-'--'_._'-'-'~'-'-'-'-'-'-'-'-'-'-'-'-'-'-" ! lIP.. - t ~ ; ; I I ... II - I ~ FAI<A UNION CA 6!1 ! .. , I i ~ - I ~, 41 ,. -- G J 11II _=--- Ii] i I 41 "COM I ' ....4 tl i i I ,.. ...., '* f'i""JDI .. . - .. , 6 - e..' ~::d:cfiilt~i'" rr "..,-,.,.. .,>;,,~ ..., p " . ~~,~ il t1Q - ,t' ~.-: 1611'~, PART TWO - PREMISES OF THE APPRAISAL . . . . , 9 >'"'~"-'''''''''''''~'''-'" . ..~.- -~,.",- ~-_..~-,-.._- 161 1 ' '1 , SCOPE OF WORK/REPORT FORMAT This is a complete appraisal meaning that all applicable approaches to value were employed and the value conclusion reflects all known information about the subject property, market conditions and available data. The scope of work is: . Inspect and photograph the subject property and each comparable . Review any surveys, aerials, land plans, site plans, special studies, engineering, or other documentation provided . Review how the property relates to its neighborhood and to the broader market area with particular attention to zoning and utility entitlements . Research the market area for sales and listings of comparable vacant land . Develop the sales comparison approach . Estimate current market value . Prepare a summary appraisal report Sources of market data include, but will not be limited to, local and regional MLS systems, the Naples Daily News, other news papers, Realquest, Loopnet, the public records, the files of real estate brokers and our own appraisal files. This is a summary appraisal report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning and analyses that were used in the appraisal process to develop the opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. CLIENT USE AND INTENDED USERS The client is the Port of the Islands Community Improvement District. The intended use is to , assist in setting a price for sale. The intended user is the Port of the Islands Community Improvement District. PURPOSE OF THE APPRAISAL . The purpose of the appraisal is to estimate market value. , DEFINITION OF MARKET VALUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. Buyer and seller are typically motivated; 10 161 1 .i b. Both parties are well informed or well advised, and each acting in what he considers his own best interest; c. A reasonable time is allowed for exposure in the open market; d. Payment is made in terms of cash in U.S. dollars or in terms of fmancial arrangements comparable thereto; e. The price represents the normal consideration for the property sold unaffected by special creative financing or sales concessions granted by anyone associated with the sale; This is market value as defined by the Office of the Comptroller of Currency in 12 CFR, Part 34. It is the same definition referenced in the Uniform Standards of Professional Appraisal Practice (USPAP) and the most commonly used definition. The reasonable exposure time referenced in (c.) above is assumed to have already occurred as of the appraisal effective date. The assumed reasonable exposure time was about 6 months. The financial arrangements comparable to cash referenced in (d.) above are conventional commercial financing which, as of the effective date, was 70-80% loan to value ratio, 15 - 25 year amortization and interest rates ranging from 6.00% to 6.75% depending on the balloon term and risk. The typical commercial loan is set up for a three to five year balloon. APPRAISAL EFFECTIVE DATE The effective date of appraisal is as of 2 November 2005. DATE OF REPORT This appraisal report was written on 20 October 2005. . ESTATE APPRAISED . . The fee simple interest. . it PERCENTAGE OF OWNERSHIP INTEREST . The percentage of ownership interest appraised is 100%. . .. . , 11 .'-'--"''''--''-'--'~''"" ^- .-.... "~.... .- -------- 16 I 1 '" ~ INFLUENCES ON VALUE Appraisal of the value of real property involves both the physical real estate and the intangible rights of ownership. The ultimate value of both is influenced by the social, economic, governmental and physical conditions of the area surrounding the property. Properties that are very much alike may have considerably different values due only to their geographical location and the economic level of their particular area Information in this report that describes the area surrounding the property being appraised is included to communicate the influence the area exerts upon the economic performance of the property. AREA INFORMATION The property is located in Collier County. Collier County is the most southerly county on Florida's west coast offering mainland coastal development. Collier County is west of Ft. Lauderdale and south of Tampa With 2,025 square miles ofland area, it is the largest county in Florida About 60% of the land area is in public ownership, is set aside for environmental preservation, or is scheduled for public land acquisition. The region enjoys a climate that is classified as subtropical. Summers are relatively mild and winters are usually frost free. A hard freeze is a rarity. The climate, especially in winter, is one that attracts and is enjoyable to most people. The geography of the area runs generally northwest and southeast as indicated by the trend of the coastline. Beaches extend from the northern county line south to Cape Romano and then, as the coastline trends further to the southeast, beaches give over to mangrove islands and swamps. Moving northeastward from the beaches, elevations increase very slowly. Most of the county is less than 15 feet above mean sea level. Although changes in elevation are gradual, they are well defined by variations in vegetation. Much of the county is, or was once, wetland. The once plentiful marine resources are largely depleted, but still provide good sport fishing. Population centers include the coastal communities of Naples, Marco Island and Everglades/Chokoloskee. Immokalee, the single large interior community, is located in north Collier County and is the agricultural center of the region. . The original settlers were attracted by the climate, beaches and recreational opportunities. Those factors, in descending order of importance, remain the primary reasons for the . community's rapid growth rate. , Most growth is accounted for by the heavy influx of retirement age persons. These are predominately active retired people who can afford a variety of recreational pursuits including . boating, golfing and tennis. The strong attraction of these people to the beach results in , exclusively residential development along the beaches and for some distance inland. Commercial zones are primarily located along arterial roads and inland away from the most . desirable residential locations. A secondary population of service industry families lives throughout the area These people . provide the support services and local industries that cater to seasonal tourists as well as year round residents. The economy of Collier County is based on agriculture, tourism, construction and service industries. The greater Naples area is the focus of tourism and construction and it is the primary market for local business. Of the :1:290,000 residents living in Collier County, about 75% live in the greater Naples area. Recent studies identify Collier County as one of the . 13 '~"-~' ".,...."_.._..> "_..', >_.......<."'_.__'.._.4"~~_~~"""'. _....'~.. '~'-'"'~'-- 161 1 '" fastest growing counties in the State and among the fastest growing in the nation. Most of that growth is taking place along the northern and eastern fringes of the Naples area There is strong grass roots support for environmental issues and for less intensive development. Local politics are dominated by the struggle to achieve a balance between economic prosperity and preservation of natural resources. For several years real estate market activity has been strong and values throughout Collier County have been increasing. The current growth cycle began in late 2001 and it shows no sign of slowing. Market activity appears to be driven by growth, relatively low interest rates, poor performance of the stock market, the increasing scarcity of developable raw land and favorable foreign exchange rates. With very few exceptions, all residential property types are increasing in value with the best performing sectors being entry level housing and close-in residential estates. Commercial activity is driven by the residential growth rate and by the higher-than-average levels of disposable income characteristic of the Naples demographic. A scarcity of all types of investment properties has resulted in rapid development of commercial condominium units and retail strip centers. The market is dominated by end users and speculators. All local economic indicators are up. Real estate activity is strongest close to the beach and to the north and east along the fringe of development. East Naples market activity lags, but the relatively high prices in the north and the lack of use able land is causing developers to move their activities south and east. The east Naples market area is poised to take offwith new development activity expected on several major PUDs. The real estate market throughout Collier County is in moderate disequilibrium. It is a sellers' market wherein activity is best reflected in pending sales rather than closed transactions. Prices are rising rapidly and capitalization rates are at historic lows. Rental rates are not rising as fast as prices. Buyers, sellers, brokers and developers are reacting based on short term interest rates and quick profit considerations. Market activity appears to be dominated by end users and speculators. While the market has been strong and accelerating for more than 18 months, these conditions could change very quickly. Market participants are advised to proceed with caution. NEIGHBORHOOD INFORMATION . The property is located in Port of the Islands, a 500 acre waterfront resort community along . US-41 between Naples and Miami. The Tamiami Trail (US-41) is a two lane, asphalt surfaced road constructed on a raised road bed dredged from the neighboring swamp and marshlands. . Within Collier County, US-41 runs along the coastline and then turns east and extends to Dade County. After its intersection with State Road 951, developments to the east gradually lessen and development becomes patchy. US-41 continues southeast 8 miles where it enters . Collier Seminole State Park at Royal Palm Hammock, the junction of SR-92. Then the road continues approximately 7 miles further east until it reaches Port of the Islands on its way to Miami. , Port of the Islands is located about 20 miles southeast of downtown Naples, 7 miles west of Everglades City, and about 80 miles west of Miami. The place is a significant location because it is here that Golden Gate Canal No.1 (a 130 foot wide canal that drains a 100 square mile watershed) crosses US-41 and continues south for 3.75 miles where it enters the Ten Thousand Islands Aquatic Preserve. The first canal salinity weir is just north of US-41 affording useable water frontage and direct Gulf access to the portion of the development south . of the highway. . 14 . 16' 1 Port of the Islands resort is an island in the sense of its isolation from other development and in the sense that it is an area of filled land surrounded by State owned wetlands. The original development in the late 1960's and early 1970's consisted of a 185 room Spanish motif waterfront resort hotel and marina south of US-41, a smaller hotel of the same general design north of the highway, a skeet range, an air strip and a great deal of excess land, some of it waterfront. The facility was constructed to support the sell out of land in Remuda Ranch Grants, a large land sale operation conducted by General Acceptance Corporation (GAC). The land operation partially sold out, GAC fell into bankruptcy and the resort facility fell into neglect. The resort languished for years under several owners. In the late 1990's and early 2000's the excess land was sold off and new residential development began. Now the area south ofUS-41 west of the canal is about 95% built up with waterfront and non-waterfront condominiums. The only area remaining undeveloped is just south of the highway. The area south of US-41 and east of the canal is about 60% built up with a mixture of condominiums and single family residences almost all of which are waterfront. North of the highway is only about 30% built up. The old second hotel remains, but it is in disrepair. There is an RV park, the skeet range, a water/sewer package treatment plant and a cell phone communications tower. New construction is scheduled for this area in the near future. The future development potential of the entire resort area is controlled by the allocation of developable units which are tied to water/sewer connections. The entire area is served by a limited-capacity water plant and sewage treatment system. The entire area is filled 3 or 4 feet to an average elevation of about 5 feet above mean sea level, although the amount offill varies from parcel to parcel. Drainage is fair. The entire area is subject to occasional tidal flooding during severe weather conditions. The federally mandated minimum floor elevation requirement for new construction is 7 feet. Essential services, medical facilities, schools and retail shopping are all more than 15 miles distant. The community has no fire/EMS station and no retail store of any type. Nuisances and hazards include mosquitoes, which can be a problem during the summer months, and there is the perennial threat of hurricanes and flooding. Manatee protection zones in the adjacent Golden Gate Canal reduce boat traffic to idle speed greatly reducing the utility of access to the Ten Thousand Islands and the Gulf of Mexico. The resort hotel attracts a few travelers, but mostly folks from the coastal community L interested in fishing and getting away from the city. Ecotourists come to see a population of manatee that gather below the salinity weir in the volume of warm fresh water flows down the canal. The Port of the Islands resident population is very seasonal and there are few children. This is true of the new development south of the highway and of the older RV park north of the . road. Most residents are of retirement or near retirement age and in the upper middle income . group. . Land values range from less than $50,000 per acre for the non-waterfront multi-family interior to several times that for the water front single family home sites. Values have risen , dramatically in keeping with other parts of Collier County. .' The outlook for the Port of the Islands area is reasonably good. Continuing growth of the coastal community will support the resort as a quiet place of refuge and additional residential development will ultimately support limited commercial and better essential services. Real j estate value are expected to increase. = LEGAL DESCRIPTION , . The legal description from the deed is copied below: 15 . ,",.- ~"--'~""'----""'" ,._,----- 161 1 ... '{'t\ """ PAACSL A1: ~f vO A PARCEL Of' LAND LOCATIlD IN SBCTlON 9. TOWNSRJP $2 SOlTfH, RAH<E 21 BAST, C01J.JBl\ COUNTY, ~ DIISClUBED AS POUOWS: COMMBNCl! AT 1lIB SOUTH 114 CORNEll OP SECTION 51, TOWNSHIP 52 S011l'H.RANOE 2. EAST. COUJER COUNTY. PLOIUDA: 'nIBNCI!.UN M.CIO"17'01" B.. ALONG nm WBS'lERLY UNB Of''I1IE BAST 112 011 SAID SI!C1tON' JIOR A DlSTANCB 011 :w99.ti6 FIlBTTOnIB POINT OP RmINNING OPTHB PARCEl. OF LAND HBIlI!IN DB8CRIBBD: THBNC8 OONTll'lUBN.oo-17'OJ"B., ALONOTHB WBSTBRLY UNB OPTHBBAST 1/Z0F SAJDSECTlON 9 fORA DIST.u<<::BOP 231.IOPEET: 'J'HIlNC2!R1JJf S.7S"3P'lY'B... FOR A DISTANCB OP 268.03 FB8T: THBNCB RUN S.00"16'-4O"W., fOIl A DlSTANCB Of 231.10 f1i8l': 'IIIBNC8 RUN N.7S"39'13"W.. POR A DJSTANCBOPW.05PB1n'TOTHE POItn'OPBB01NNINO' COHI'AlNlNO tAl' ACJUJS. M~OR J..E$S. THIS PROI'eRTY IS SUBJP.CTTO EASBtoIENTS. RBSIlIlVATJONS ORlWSTIUC1'1ONS OPJ\ECOJID. BlWUNOS REFER TO niB WBST&U. Y LlNB OF nIB BAST 1/Z OF SECTION 9. TOWNSHIP'2 SOUTH, llANOS 2I1lAST. COLLIER COUNTY. PLORlDA. AS BBlNO N-OO"JT01' B. PROPERTY INFORMATION Site The subject property is a rectangular parcel of :t 61,637 square feet (1.415 acres) located 240 feet south ofUS-41 in Port of the Islands west of the canal. The parcel is physically accessible from US-41 along Newport Drive, a 2-1ane divided street and the main entrance to the hotelj marina complex, then westerly along a 2-1ane, asphalt surfaced access road that crosses the subject, narrows to I-lane and then loops north returning to the highway. The question oflegal access is not settled. The subject property legal description makes no reference to an ingressj egress easement. There is a paved service road crossing the property but we can find no evidence of legal access. For the purpose of appraisal, we assumed that the property will be granted legal access from Newport Drive without the loss of useful area The land is filled to road grade. It is essentially level and drainage is fairly good. According to a USGS map the average elevation is 5 feet above mean sea level. Public utilities including electricity and telephone are available at the subject property. Public sewer and water is available on Port of the Islands, but this property has not been entitled to a sewer and water connection. The property is completely cleared. The subject property is bounded to the north, south, and east by vacant commercial property and to the west by state owned land. This is a small, interior commercial site invisible from US-41. ENVIRONMENTAL CONTAMINATION Unless otherwise stated in this report, the existence of hazardous substances or : environmental conditions including but not limited to asbestos, polychlorinated biphenyls, petroleum leakage, agricultural chemicals, urea formaldehyde insulation, lead paint, toxic mold, et cetera, which might or might not be present in or on the property were not called to the attention of the appraiser. Nothing like this was discovered during the property inspection and no environmental assessment report was made available for review. Such tests were not in the appraiser's required scope of work, the appraiser is not qualified to test for such substances and conditions and the appraiser is not qualified to render professional opinions in this specialty area. No responsibility is assumed for any such conditions that might exist, or for the knowledge and expertise required to discover them. 16 The property was appraised as though uncontaminated and the value esJ is~lcld 'iJ t on the assumption that there is no such condition on, in, or proximate to the property that would diminish value. NATURAL RESOURCE CONCERNS Unless otherwise stated in this report, we have not discovered, been told of, or received documentation indicating any unusual natural resource concern that would tend to make this property more or less valuable than another. Specialized natural resource audits were not in the appraiser's required scope of work, the appraiser is not qualified to conduct such audits and the appraiser is not qualified to render professional opinions in this specialty area No responsibility is assumed for any extraordinary , natural resource concems, or for the knowledge and expertise required to discover them. The property was appraised as though there are no unusual natural resource concerns. GROWTH MANAGEMENT PLAN AND ZONING The Collier County Growth Management Plan (GMP), identifies the property as being within a designated Urban Residential Subdistrict. The purpose of this Subdistrict is to provide higher densities in an areas with fewer natural resource constraints and where existing and planned public facilities are concentrated. The property is currently zoned "C-4" - General Commercial. The purpose and intent of this district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-l through C-3 districts. Subject to development design regulations, the site is ready to go for commercial development. A copy of applicable sections of the GMP and the "C-4" district regulations is included in the Addendum. PUBLIC UTILITIES AND CONCURRENCE . Public utilities including electricity and telephone are available at the subject property. Public sewer and water is available at Port of the Islands, but this property has not been entitled to . a sewer and water connection. It is assumed that entitlements to water and sewer service can be obtained. . There are no concurrence issues adversely affecting this property. ASSESSMENT AND TAXES By statute, real estate in Florida is assessed at 100% of fair market value as of January 1 of the tax year. Certain discounts are allowed which represent costs of sale. The Collier County property appraiser applies statistical methods to assure that assessments comply with 17 --"~. .'.""_"w......-.. - --".,,~ standards established by the Florida Deparbnent of Revenue. The tax asseln~ uLl " ;~i not a reliable indicator of market value. The assessment and taxes for 2005 are as follows: Parcel Tax ID #01067083807 Land $ 64,260 Improvements 0 Total $ 64,260 Taxes $1,003.63 (March payment, based on the 2005 millage rate) The property is assessed and taxed in a manner consistent with other nearby parcels. CENSUS AND FLOOD ZONE DATA The data pertaining to the subject property is: National Flood Insurance Program Flood Insurance Rate Maps Revised June 3, 1986 Community - Panel Number -- 120067 850D Flood Zone AE - Required Elevation - 7 feet APPARENT OWNER OF RECORD . According to the tax roll, the owner of record is: Port of the Islands Properties, LLC 2614 Tamiami Trail North, Suite 700 Naples, FL 34103 , TRANSACTIONAL HISTORY OF SUBJECT PROPERTY . The subject property was purchased by Port of the Islands Properties, LLC from Ten Thousand r Gallons, LLC, Ten Thousand Islands Development, LLC, and Port Development, LLC, in June of this year. The sale included the subject property along with three other commercial parcels . and the Port of the Islands Resort for $2,507,863. CURRENT STATUS OF SUBJECT . According to the client, the property is not currently listed for sale, there are no written offers . to purchase and it is not under contract pending sale. < , 18 16' 1 ... , ' . PART FOUR - ANALYSIS OF DATA AND CONCLUSIONS , . , . . . , " . 19 ... ,.._"'....-, -.""','. ... ",',--'"" ""'.'",-- 16 I 1 ~ ~" HIGHEST AND BEST USE Definition Highest and best is defined as follows: The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The definition is taken from page 171, The Dictionary of Real Estate Appraisal, third edition, published in 1993 by the Appraisal Institute. Method Highest and best use of land (or of a site) as though vacant assumes that a parcel of land is vacant or that it can be made vacant by demolishing any improvements. With this assumption uses that create value can be identified, and the appraiser can begin to select comparable . properties and estimate land value. Land as though vacant is a fundamental concept of valuation theory and it forms the basis for beginning the cost depreciation approach. Highest and best use of a property as improved pertains to the use that should be made of an improved property in light of its improvements. This is helpful in identifying comparables for the whole property. A comparison of the highest and best use of a property as improved with the highest and best use of the site as though vacant is useful in recognizing any depreciation inherent in the improvements. There are four criteria that must be met in order for a use to be the highest and best use for a given property. The highest and best use must be: 1. Physically possible. 2. Legally permissible. . 3. Financially feasible. . 4. Maximally productive. Ordinarily these criteria are considered sequentially, each step narrowing the range of alternative uses being considered. . Analvsis , Physically Possible - A variety of uses are physically possible. The location and route of access . argues against a use that depends on exposure to passing traffic. Legally Permissible - The current zoning, "C-4", is a commercial classification allowing general commercial uses. The site meets the minimum requirements for commercial development. Financially Feasible - The financial feasibility of current development is unclear. The population of Port of the Islands is unlikely ever to grow large enough to support any significant commercial development other than that related to the marina Another possibility 20 16/1 is conversion of the commercial zoning to multi-family density. However, it is unclear if there is sufficient water j sewer capacity to make that feasible. Maximally Productive - The highest and best use is that the property be developed with a commercial use related to the marina operation, possibly boat storage. CONSIDERATION OF APPROACHES The sales comparison approach is the only appropriate approach. SALES COMPARISON APPROACH , Sales Data A search was made for sales ofland comparable to the subject site. Seven sales were identified as the best available for analysis. Due to the unusual location of the subject property only one of the sales is located on Port of the Islands. The rest of the sales are located in similar locations throughout Collier County. We tried to find comparables that were a good distance from Naples and on the fringe of development. All of the sales have similar land uses as the subject property. Price per square foot was developed as the unit of comparison, since that is the unit most often utilized by local buyers, seller, and brokers of commercial sites. Data for the land comparable sales is given on the following pages. Each comparable is . identified by a number which will be used for reference throughout the report. Each comparable is identified on the location map immediately following this page. , , r . . . . . , 21 ----. """.. " """.'.--.'.'-' , o"___-~~ LOCATION MAP FOR SUIIdECT AND COMPARABLE LAND ~ 6 11 .... .. . . .-1 - I I 29 I t...,,_ I , , I -/ i i L.~ .. i ,J~I9'~~,!!~'ty , . 22 . 16/1 .. It VACANT LAND COMPARABLE 01 2947/2948 ============================================================================ LEGAL: Tract A and B, Port of the Islands (The Cays) Phase II, according to the Plat thereof, recorded in Plat Book 21, Page 1, of the Public Records of Collier County, Florida Located in Section 9, Township 52, Range 28, Collier County, Florida. 68300000108 & 68300000205/PIC 5817 289 Cays Drive ============================================================================= OFF. REC. BOOK-PAGE: 1997-657/663 SALE PRICE: $395,000 DATE OF CONTRACT: unknown DATE OF RECORDING: 9-21-2004 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: Angelo Wayne Carmignani & Angelo Brooks Carmignani, 41 East Pelican Street, Naples, FL 34113 GRANTEE: Clovemeld Investments, Inc., c/o M. Pickel, 2344 Clipper Way, Naples, FL 34104 VERIFICATION: On 27 October 2005, I spoke to John Wanklin, the owner of the property. He said that he paid $395,000 for the land, it was a cash deal, and an arm's length transaction. He thought the contract date was 4 months prior to the closing date. At this point he is not sure what he is going to do with the property. Mr. Wanklin also said that he would have paid a 20% premium for the parcel on the water. He explained to me how valuable sewer connections or ERCs are in Port of the Islands. The land he owns came with 20 ERC's and he has been offered $20,000 for one ERC, but he thinks they're worth $25,000 a piece. FINANCING: Cash CASH EOUIV. PRICE: $395,000 AREA: 218,671 square feet UNIT PRICE: $1.80 per square foot TOPO-ELEVATION: Level; approximately 5 feet above mean sea level. DRAINAGE: Fair GROUND COVER: Cleared. . LAND USE DESIGNATION: Urban Redsidential Subdistrict. ZONING: "C-4" - General Commercial. ; IMPROVEMENTS: None. UTILITIES: All available. . PRIOR SALES: No prior sales in the last 5 years. . 23 ~~-,_. -<-- _.',h.,'_"__" -.,----... "0 "_..___,_.__._ ".. ~~ ~~, ,~~; '1<<' 4.~~ '~;::~_~ i .~ \~ 1 ~ - . ~~--,._-_._. -~: :"~ ---l ., ------ . ~ -" _~T ~- - --~.--,.,---...........----------- ------- ~ ,_____..;-----:...--.--. ~__~---w--~_...--.....- ~-,- , , ., I' ' " ~. ~(. ...., ....;, , .' ;1," ,~.,t "'~ . . .;,~;~' ij.;' ......- "---'F1.l!J"'~"""'-' :..~. ~~~:~jrf~ ' '! ", \rt' ~.,,'\; "'~...,,~ "'il' ". ./,' ~.. . ." ,;.!~"""-\ 1;'''' . . >-' ~;:~ < '-... ~"R 'il , . 16/1 4 VACANT LAND COMPARABLE 02 2947/2948 ============================================================================== LEGAL: Lengthy legal description. Located in Section 20, Township 51, Range 27, Collier County, Florida. 00770080208 & 00764000003/PIC 5818 ============================================================================== OFF. REC. BOOK-PAGE: 3880-3329 SALE PRICE: $225,000 DATE OF CONTRACT: unknown DATE OF RECORDING: 9-1-2005 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: Northern Trust Bank of Florida N.A., c/o Robert J. Folsom, 1919 Indian Hill Street, Marco Island, FL 34145 GRANTEE: East Trail Properties Inc., 3360 Montara Drive, Bonita Springs, FL 34134 VERIFICATION: On 20 October 2005 I spoke to John Kemon, the property owner. He verified that he paid $225,000 for both lots and that it was a cash deal. He also stated it was an arm's length transaction and he is holding the land as an investment. According to a sign on the property a total of 3.66 acres, which is made up of four lots, is listed for $1,600,000. FINANCING: Cash CASH EQUIV. PRICE: $225,000 AREA: 79,715 square feet UNIT PRICE: $2.82 per square foot TOPO-ELEVATION: Level; approximately 5 feet above mean sealevel. DRAINAGE: Fair GROUND COVER: Heavy cypress swamp that it wet most of the year. LAND USE DESIGNATION: Urban Residential Subdistrict ZONING: "C-4" - General Commercial . IMPROVEMENTS: None. UTILITIES: Electricity and telephone, no public water and sewer. . PRIOR SALES: No prior sales in the last 5 years. . . 25 ,_.~-~ -."'.....-.....-"...-'"....- ---.-'---'- I ~ ,- , \. 'c,~*'~~ft,;;'t.:.,;.. ,," ,'- f" '".. ~ -~..," :'" ,,'. :." , . ", ":::'-tS~~:".,> //~/';""""""'" --'<.::~~'~~~~,y;~""" '",. " "'=" ' . ,/ .. '- ,/ / . ~" ./ / / ~ {o,',' ~~~.., . ,/ . ""..... do ,.' /,/ . .' ,. '''.f- :A' '''''-.s..., " '/" .. C". " ,!1!1111- " " "',. '"'..' j , /, 1 - ~,?,j~'~1O . ~' ",. ", . .,,' ./ /./ . ""'W"";::.,... C' . ", ,l~ ' '. '-", <. / '/, ... ',- i' -, ",./ - "~,~,;'~."i( , { ,~ -.' /~. :: 'of t.. ;";"""" f'L. , . . 16/1 VACANT LAND COMPARABLE 03 2947/2948 ============================================================================== LEGAL: Lengthy legal description. Located in Section 3, Township 51, Range 26, Collier County, Florida 00724880001/PIC 5823 ============================================================================= OFF. REC. BOOK-PAGE: 3615-3605 SALE PRICE: $150,000 DATE OF CONTRACT: unknown DATE OF RECORDING: 7-29-2004 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: Lutheran Church Extension Fund - Missouri Synod, Sunset Corporate Center 10733 Sunset Office Drive, St. Louis MO 63127 GRANTEE: Julio Garcia and Jesus Herrera, 4730 15th Avenue SW, Naples, FL 34116 VERIFICATION: Public records search. FINANCING: Cash CASH EQUIV. PRICE: $150,000 AREA: 175,982 square feet UNIT PRICE: $0.85 per square foot TOPO-ELEVATION: Level; approximately 6 feet above mean sea level. DRAINAGE: Fair GROUND COVER: Scattered with palmettos, pines, cabbage palms, melaleuca, and Brazilian pepper. LAND USE DESIGNATION: Urban Residential Subdistrict . ZONING: "A" - Rural Agricultural District IMPROVEMENTS: None. , UTILITIES: All available. PRIOR SALES: No prior sales in the last 5 years. . 27 "-'~-'--'''''.' ...._~,-....,...-...,_._.. I -, .............." --..~. ~..." 8~fi~@f~J~~::~~;~:; <, . , . - '" , , ,., '. -'-. ',i ~\,::, . "Ii. ~" '."'....~p- .' ~ ' :;;t~(:;:. ) .. '.'; . v~.:_..."r..~ _" . . 'l-"'+. '- " ~. r,. ~~\:'-' ", ,J -;;.~ .... ,- co : VACANT LAND COMPARABLE 04 16' 1 ..;'41 . ~'j 2947/2948 ============================================================================== LEGAL: Lot 15 and 16, Block 27, Replat of Town of Everglades, according to th Plat thereof, as recorded in Plat Book 3, Page 73, of the Public Records of Collier County, FL. 83742001009 & 83742000000/PIC 5819 ============================================================================== OFF. REC. BOOK-PAGE: 3767-111/3823-2963 SALE PRICE: $245,000 DATE OF CONTRACT: unknown DATE OF RECORDING: 4-5-05/6-17-05 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: Robert J. Wells, Sr. GRANTEE: Thomas Moody and Valerie Moody, 11448 Ridgewood Lane, Burr Ridge, IL 60527 VERIFICATION: On 1 November 2005 I spoke to Bob Wells, seller and Everglades City real estate broker. He explained to me that although this was recorded as two separate sales it should be treated as one. He said that 90 days prior to the closing date he and the buyer agreed to a price of $425,000 for both lots. The buyer had the option of purchasing one lot or both lots. They originally planned on buying one lot, but when the closing came around they decided to purchase the second lot and that is why there is a two month gap between the sales. Mr. Wells confirmed that it was an arm's length transaction and that it was a cash deal. He also informed me that both of the lots are back on the market for $425,000. FINANCING: Cash CASH EQUIV. PRICE: $245,000 AREA: 26,136 square feet UNIT PRICE: $9.37 per square foot TOPO-ELEVATION: Level; approximately 5 feet above mean sea level. DRAINAGE: Fair . GROUND COVER: Cleared. LAND USE DESIGNATION: Village Commercial District. . ZONING: "VC" - Village Commercial. IMPROVEMENTS: None. UTILITIES: All public utilities available. L PRIOR SALES: On 1 April 2004 Bob Wells purchased 4 lots for $200,000. He explained that the individuals who sold him the lots made him a deal. The deal was that he could either buy them or that they would sell them to someone else for a higher price. Bob paid around $50,000 for each lot and he said that they were each worth around $100,000 at the time. Due to the fact the previous sale price was not a fair market value, a change rate can not be calculated. 29 ,~.. ...-".., ' " ~---- . .' ,- I J . , , . .... , '" i' 'J ~ ,: { .,;' f ,: " '.: '" , " ..... '. f '':~'':i;_:(. .... 4'''' " -' . . :j: , " ... . . '.-', ~ . ,~ n- :._of'.{,-:- ~ " . .... "'.' ..'.". ,,', ' .., c\; , " ~it;. ~- . ~ ~~ ~ .. ,y-, ,-").,. , . -. ~.l'~i:.- .,~ irl~'ii)'~!;, ' . r ~ ' .c ,\~~,,~, .' , . . ~, ~~ ;', ":', 1 ..h ~&;~ " . ..-~~. .r '- >; '", . .. ,_ .~ ;~ 'C'" ., '.'.',';~'>V;t!, 1 I -- .,~~ ..' ~<h"' ~A ; , 'l/. - ~~.t ... -,~' L.~~~' ,: " . . . ' ~ ." -I. ,"" ,if I " . . ',- - -.~ '., _.11, "J.", a;:!:.'.., ~ : , } <~~~?t1, J.. ~ ~. t: . 16' 1 ''''i VACANT LAND COMPARABLE 05 i 2947/2948 ============================================================================== LEGAL: Lot 14, Block 27, Town of Everglades, according to the Plat thereof as recorded in Platt Book 3, page 73, Public Records of Collier County, Florida 83741840009/PIC 5820 ============================================================================== OFF. REC. BOOK-PAGE: 3794-1502 SALE PRICE: $155,000 DATE OF CONTRACT: unknown DATE OF RECORDING: 5-10-2005 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: Robert J. Wells, Sr. GRANTEE: Bruce C. Robertson and Richard L. Robertson and Harry A. Streamer and Sandra R. MacEachery, each as to an undivided 250/0 interest as tenants in common. VERIFICATION: On 1 November 2005 I spoke to Bob Wells, seller and local Everglades City real estate broker. He confirmed that it was an arm's length transaction and it was a cash deal. FINANCING: Cash CASH EQUIV. PRICE: $155,000 AREA: 14,810 square feet UNIT PRICE: $10.46 per square foot TOPO-ELEVATION: Level; approximately 5 to 6 feet above mean sea level. DRAINAGE: Adequate. GROUND COVER: Cleared. LAND USE DESIGNATION: Village Commercial District. ZONING: "VC" - Village Commercial IMPROVEMENTS: None. UTILITIES: All public utilities available. PRIOR SALES: On I April 2004 Bob Wells purchased 4 lots for $200,000. He explained that the individuals who sold him the lots made him a deal. The deal was that he could either buy them or that they would sell them to someone else for a higher price. Bob paid around $50,000 for each lot and he said that they were each worth around $100,000 at the time. Due to the fact the previous sale price was not a fair market value, a change rate can not be calculated. 31 ,..- .>"_"._~"___._,,~__'''m> ~'M. -_._-~~"'.-. "'~~"'~.."'~... ." . .... ' ,..;k.,~;! .,:Jt!/IJ1# ~, ~~~' .' .," ..j I/f, .fy" M" _ :.... ~c:--':_~>_'""" ~'" . , ,.. ~, ~ ~,J ~j. . . I' dA".r,;.; '" ,.' .- , . "" ~..' .1, r', "." .... ' . . .;r.. ,;,;;.\. ...... i..'~ , ,~.'. 'c', ", I.." \Ii.' " ,,' c.' '~~ J. ,~..~.~".i. ... ~. ""'.'.,,,",' ,I , , '1:'" ! ?,. t..::, ~' '~. ~ I,;;g.t.~~. .' ,'. ,'. ~J- " - " 'r.,.. ,~' " t' I' "1 ,-- -,};'" ,~( ~ - - '~~:'~: _ ~ <~, 'jr1~Y 11 I -~, . · . -^ " ' j _., i' I I !, ,', i .,,' r ":', ' ,t- ". , ;:! '1' ~'( . ;.~ .! 'f ",,~::~Z~: i ' ~ 16 11 f;: VACANT LAND COMPARABLE 06 2947/2948 ============================================================================== LEGAL: All of Tract 125, Unit No. 12, Golden Gate Estates, according to the Plat thereof, as recorded in Plat Book 4, Pages 105 and 106, of the Public Records of Collier County, Florida Located in Section 9, Township 49, Range 27, in Collier County, FL. 37169520009/PIC 5821 ============================================================================== OFF. REC. BOOK-PAGE: 3746-3431 SALE PRICE: $1,150,000 CONTRACT DATE: unknown DATE OF RECORDING: 3-7-2005 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: William F.V. and BarbraJ. Gallagher GRANTEE: Black Bear Properties of Florida, LLC, 840 Jung Boulevard West, Naples, FL 34120 VERIFICATION: On 2 November 2005 I spoke to Winnie Apperson with ERA and she said that the owner had it listed for $3,200,000. This property is currently located in a neighborhood center and she said they were in the process of getting it rezoned and that it would be zoned commercial by February 2006. FINANCING: Cash CASH EQUIV. PRICE: $1,150,000 AREA: 211,702 square feet UNIT PRICE: $5.43 per square foot TOPO & ELEVATION: Level: between 13 to 14 feet above mean sealevel. DRAINAGE: Adequate GROUND COVER: Cleared LAND USE DESIGNATION: Neighborhood Center . ZONING: "E" - Estates District . IMPROVEMENTS: None . UTILITIES: Electricity and telephone, no public water and sewer. . PRIOR SALES: No prior sales in the last 5 years. , 33 . .,--~'^ _C~'"_"" 'dL~'" __, '"_.'"---"",--'~^-- ~"_M".___.,.,...,,____ ~~':~ , '~ ,,,. . ~ ...... , . .~ , ....,~:;,.f~:'", ,~/::~;; ~. }' .,; ,; "?~~~(;, ,'",Ii!r; -,;,"",: '.. ... .('" . ;. . '. ,. ~ "-.J#~.-: ~. ....- /' 'i ' , j I i l _~':> ".'.:' ,~~~~;":~""""';;;~':'f'if" .";'t>"",:;<,,,;,,<<.,--~,,,, ~ - -I ~ ~~- tF rj, . . , .:. .,ic v ~.~';.~~- ,~ J: '.~ " ::I cr.. . ?:Ii '':._'_'., ~Ho;.: , ~,ll .0' . ... tf h :', , ~ " ~t' ! ~~;'I , '! " ;..: ~ ~,- ~~' .~ . .. ~.~:! ... ~ '. - .-", .'llV; ; ~ t __ . .:; :t.,. , '"'~,,' ~ ';',.' I . '..~- "\ ,",' '1y , . ' , . ,~,~' _.. /..,~_~i', ...:._ <_ ~' ' , ".I...~...~ '. 1~ ":'~ /~. :;011 1:':t;:: f.:. .... , . iiJ.\o1' , VACANT LAND COMPARABLE 07 1611J'_ 2947/2948 ============================================================================== LEGAL: Tract 97, Golden Gate Estates, Unit 81, according to plat thereof as recorded in Plat Book 5, Page 19 and 20, of the Public Records of Collier County, Florida. Located in Section 7, Township 49, Range 28, in Collier County, FL. 40930760001/PIC 5822 ============================================================================== OFF. REC. BOOK-PAGE: 3645-3206 SALE PRICE: $415,000 DATE OF CONTRACT: unknown DATE OF RECORDING: 9-20-2004 LISTING PRICE: unknown DAYS ON MARKET: unknown GRANTOR: Jimmy T. Gray and Eunice L. O'Farrell GRANTEE: E's Country Stores, LLC, 21246-C Clubside Drive, Boca Raton, FL 33434 VERIFICATION: On 1 November 2005 I spoke to Burton Eisenbud, owner of the land. He confirmed that it was an arm's length transaction and that he paid cash. He also said that the land has quadrupled in price and it has been on the market for 3 months listed at $2,200,000. He says that the reason for the increase in price is due to a possible future exit off of 1-75. FINANCING: Cash CASH EQUIV. PRICE: $415,000 AREA: 237,838 square feet UNIT PRICE: $1.74 per square foot TOPO-ELEVATION: Level; between 13 to 14 feet above mean sea level. DRAINAGE: Fair GROUND COVER: Pines, palmettos, and cabbage palms. . LAND USE DESIGNATION: Neighborhood Center . ZONING: "E" - Estates . IMPROVEMENTS: None. UTILITIES: Electricity and telephone, no public water and sewer. 0 PRIOR SALES: No prior sales in the last 5 years. . , 35 "-."-"-'~ ".,._,-"."......, Will ._~"'. <. ----~-- I , ' , I , I I I I l I i ~ -. I - I ."~ ,I" I ',I, t I' I 1 . .' \. " '\<~' 'II; ':. i ' . I , ! ",. . ' 1': ' " Ii' \ . I \ , ' ..', , ,_ " ;:$<"- ..-;... , ~,~~~~~__._c_.~,.~,__~_._J_, ~ "'" ~.._...-~,,-;:;:b. :?'.:":::' . ,'. , ' ',';" ! -. ..~'. ;. .. ..., ~ ~ ... n;o- ,>' , ,:,'i' f "J " ,J ~.~;'." ~' ,_ 1 r ~,,~' , . ..~..,' ..........., '-~,'..'...- . ',-- -.' ' ' , . '. " . ~ .! l ~ ~ ". ~. . .'. ~ '. :~." r:. I::! . ~ .', ~. ' ,.,~.,ltl~'" . ~ '. .-C.~.'<.~'~' : ,","'.:-~ ,::; ~:J' ~.,'" ~'- i /{I' ,,' .,~...,;, ~. ..' . or ... 't ,.. ' , ,. " " "',",,~. ' " " ""~' "r ~.~'~' Ir, . ~ 0 0 0 ~ M M i! 0 m 0 0 0 1 = 1 ~t jf ... 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It: ~i w 0 ~ w '" i:! it ;:) 'ti'5 ~ ci. ~ ::J :> ~ J!l~ Z !fti~ c:r (fj 0 ~ w (fj (fj I 0 ,6 :> ~. !i ~~ ~ ~ j~w 0 J i ~I Ii Z ~ ~ ~ I ;:) If ~ ~i~ l!5 . ~! g ~ l ~~13 ~ ~ ~ ~ Z ~~ ; ii5 c ! .S ~ j~ f~ ii:~ It: It: i= ~ w ~~ w Q, Ci q ~~S ~ ;i:; - ~ Sl:: w ... tI, tn !') 1:-, "-'~-' ...-.,.-.... U ,.."M ..,.....~_m~ -.., 16 I 1 'Ilil! Discussion of Adiustments Usually, comparable sale properties are not exactly like the subject property. If a typical buyer would perceive the difference to be significant, then adjustment(s) must be made to the comparable sales so that in the end each offers a realistic indication of value for the subject. Adjusting comparable sales is a two step process. First, adjustments are made so that all of the comparable sales meet the standard of a "market" transaction as outlined in the definition of market value. Customarily, the first group of adjustments are made before the comparables are reduced to a common unit of comparison. Included at this stage are adjustments to bring historic sales current to the appraisal effective date. The second group of acljustments are made after an appropriate unit of comparison is chosen. These adjustments account for physical differences like location, physical characteristics and size. Sometimes acljustment is required for differences in the permitted land use (zoning) or in the availability of public services (infrastructure). When the adjustment process is complete, the unit value indications are reconciled and converted into an estimate of value for the subject. Conditions of Sale - This adjustment category is intended to account for a variety of factors that might affect the purchase price. These factors include, but are not limited to; fees or commissions not paid as part of the purchase price, personal property included with the sale of real estate and buyer/seller motivations inconsistent with the normal market that result in a premium or a discounted purchase price. None of the comparable sales required acljustment in this category. However, we are suspicious of how well informed the purchaser was in the sale of comparable 2. This is heavy cypress swamp that might prove very difficult to permit for development. Building Improvements - This category of adjustment is intended to account for the positive or negative contribution to value of building improvements included with the sale of the land. Buildings that made a positive contribution to the sale price require a negative acljustment. Buildings that were demolished and removed require a positive adjustment to account for demolition costs which are treated as part of the purchase price. None of the comparable sales required acljustment in this category. . Financing - Acljustments in this category are intended to account for unusual terms offinancing that are not considered equivalent to cash or conventional financing. Where conventional . financing is not the norm, other terms of financing may be "cash equivalent" provided such terms are not so favorable that the purchaser is induced to pay a price outside of the normal market range. . None of the comparable sales required acljustment in this category. Market Change - This acljustment is intended to account for changes in value due to the ebb , and flow of market forces over time. This is often referred to as a 'Time" adjustment. The more precise term is Market Advancement or Market Decline. Accounted for by this adjustment are the influences oflocal supply and demand as well as broader financial considerations such as inflation and recession. In reviewing recent sales we can see that until recently the advancement of the rural/fringe Naples commercial land market and has been slower than the downtown or north Naples markets. Market change rates of. 75% to 1.50% per month were typical for the period from 2003 through early 2004. Since then, everything to the south and east of Naples all the way down to Everglades City has accelerated and change rates in excess of 3.00% per month are typical now. There is relatively little accurate data on which to base a market advancement 38 1611 "<< rate, but it is sufficient to conclude a change rate of at least 3.00% per mon for the recent interval that applies to these comparables. Location/ Access/Exposure - This category of adjustment reflects the impact on value caused by the advantages or disadvantages of a given location. The characteristics of location include access to the neighboring road system, traffic counts, comer characteristics, the amount of road frontage and the economic strength of the immediate vicinity. Occasionally, proximity to some desirable or undesirable geographic feature or manmade object is influential. Probably, all of the comparables except sale I need some kind of adjustment for location. In some cases this is would be a very large adjustment and one that would be difficult to extract from market data We have elected not to make an adjustment for location, but to wait for the final reconciliation process to array the adjusted comparables and attempt to bracket the subject property based on location. Utilities/Infrastructure - This category of adjustment references the availability and adequacy of the road system, the public water distribution system and the public waste water collection system of each comparable property as that compares with the same services available to the subject property. The subject is without entitlements for water and sewer service. The best information we have suggests that a water/sewer entitlement is worth at least $20,000. Dividing $20,000 by the area of the subject property results in $.32 per square foot oflot area Comparables 1,3,4 & 5 were adjusted negative $.32 per square foot for water/sewer entitlements. Comprehensive Plan/Zoning - This category of adjustment accounts for differences in the potential land uses (Comprehensive Plan) or in the specific uses (Zoning) to which a property could be developed. Differences in value between the subject property and comparable sales might exist because their highest and best uses are different as a result of government regulation though zoning and land use controls. . None of the comparable sales required adjusting in this category. Size/Shape - This category of adjustment addresses the affect on the marketability of a given property, because its physical size/shape might limit the physical utility, or because the size . and term of the financial investment required of an investor/speculator is such that the unit price is reduced. None of the comparable sales required adjusting in this category. . Physical Characteristics - This category of adjustment reflects the physical aspects of a property that impact its use for development. Physical characteristics includes land elevation, soil conditions, drainage characteristics, threatened or endangered plant and animal species on the property and the extent and density of covering vegetation. . An positive adjustment of 30% was made to comparable 2. This was done is spite of the question we have about the conditions of sale. It is possible that a much larger a<ljustment is . appropriate, but that the purchaser overpaid. Recauitulation of Data , After making the adjustments discussed above, the comparable sales offered the following . indications of unit value for the subject site: L 39 ^-,.__...~,~""~ ,,,",,<--...._._..,,";"'~'"... 161 1 .~ Price Per Square Foot Comparable Indicated For Subiect 1 $2.36 2 $3.90 3 $2.34 4 $11.19 5 $12.10 6 $6.89 7 $2.59 Reconciliation To arrive at a conclusion regarding the value of the subject, the comparable sales will be arrayed such that some will be superior in location, some will be inferior and some similar. Comparables 4, 5 & 6 are all clearly superior being in active commercial locations. The unit value of the subject must be lower than $6.89 per square foot. Before the adjustment for zoning comparable 3 was clearly inferior. The zoning adjustment was 100%. Such a large adjustment is very difficult to support through direct market evidence and calls into question how much weight should be attributed to this comparable. The subject is certainly worth more than the $1.65 per square foot indicated here before the adjustment for zoning. Comparable 2 occupies a superior location. Except for the doubt about how well informed the buyer was, this sale sets an upper limit of unit value. It is possible that this indicator is higher . than it should be. . Comparable 7 is reasonably similar in location and comparable 1 is the best indicator. These two are in close agreement and suggest a value somewhere in the vicinity of $2.50 per square . foot. . . ESTIMATE OF VALUE . Adopting $2.50 per square foot results in an indication of value, as of 2 November 2005 of $154,092.50 ($2.50 per sq. ft. x 61,631 sq. ft.) which rounds to $155,000. , The subject property legal description makes no reference to an ingress! egress easement. There is a paved service road crossing the property but we can find no evidence of legal . access. For the purpose of appraisal, we assumed that the property will be granted legal access to Newport Drive without the loss of useful area. It is assumed that entitlements to water and sewer service can be obtained. This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of . - 40 . 161 1 1lIii Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include faD discussions of the data, reuoning and analyses that are used in the appraisal process to develop the opinion of value. Supporting documentation concerning the data, reuoning and analyses is retained in the appraiser's me. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. CARROLL & CARROLL, INC. ~ . Carroll, MAl, SRA Timothy W. Sunyog ed General Appraiser State- Registered Trainee Real Estate Appraiser RI17212 . . , 41 --,-".~_._,- v.~_..,~.___.......M. ~~- 1" .'" lIf 16/1 '~\lJ ASSUMPTIONS AND LIMITING CONDITIONS t The certification of the appraiser appearing in this report is subject to the following assumptions and limiting conditions. ACCEPTANCE OF AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF ALL GENERAL AND EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS. EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS 1. The subject property legal description makes no reference to an ingress/ egress easement. There is a paved service road crossing the property but we can find no evidence of legal access. For the purpose of appraisal, we assumed that the property will be granted legal access to Newport Drive without the loss of useful area. 2. It is assumed that entitlements to water and sewer service can be obtained. 3. This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning and analyses that were used in the appraisal process to develop the opinion of value. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. GENERAL ASSUMPTIONS AND LIMITING CONDITIONS 1. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable. . 2. The property is appraised free and clear of liens and encumbrances. . 3. Responsible ownership and competent property management are assumed. . 4. The information furnished by others is assumed to be true, correct and reliable. A reasonable effort was made to verify such information, but the appraiser bears no , responsibility for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material is ; included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that might be required to discover them. . 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws. , 8. It is assumed that the property is either in compliance with, or is "grandfathered" or "vested" under, all applicable zoning, use regulations and restrictions. ,,~______,_.~_._.,~_ - ',., _n__" __'m._~ -<l>-J. - >._~, ....~~~. --~'-'--"'--'-- It is assumed that all required licenses, certificates of occupancy, c1..2., t ler , 9. legislative or administrative authority from any local, state, or national government or private entity or organization have been, or can be, obtained or renewed for any use on which the value estimate is based. 10. It is assumed that the utilization of the land is within the boundaries or property lines of the property described and that there is no encroachment or trespass. 11. It is assumed that the subject site and improvements are not contaminated by any hazardous material or toxic substance. During the property inspection I was sensitive to obvious signs of contamination and I reported anything unusual. However, this appraiser is not qualified to render a professional opinion regarding the existence or the nature of hazardous materials in or on the subject property. If a definitive opinion is desired, then the client is urged to retain an expert in the field. 12. The distribution of the total value in this report, between land and improvements, applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 13. Possession of this report, or a copy thereof, does not carry with it the right of publication. 14. Unless previous arrangements were made, the appraiser, by reason of this appraisal, is not required to give further consultation, testimony, or to be in attendance in court. 15. Neither all nor any part of the contents of this report (especially any opinions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. . 16 , 1 ,If CERTIFICATE OF APPRAISER f WE CERTIFY THAT, TO THE BEST OF OUR KNOWLEDGE AND BELIEF: We each personally inspected the subject property. Further, we each made an inspection of all comparable sales or listings identified in the report. The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial and unbiased professional analyses, opinions and conclusions. We have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. We have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. Our compensation for completing this assignment is not contingent upon the development or reporting ofa predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. Our analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. Weare also subject to the Code of Ethics and Standards of Professional Practice of the Appraisal Institute, which includes provisions for peer review. The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board and to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. . No one other than the undersigned prepared the analyses, opinions and conclusions concerning real estate that are set forth in this report. This appraisal report is the work . product of Timothy W. Sunyog. The appraisal was conducted and the appraisal report was prepared under the direct supervision of Raymond E. Carroll who concurs in the final opinion of value and accepts full responsibility for the report. . As of the date of this report Raymond E. Carroll has completed the requirements of the continuing education program of the State of Florida and the Appraisal Institute. . CARROLL & CARROLL, INC. z: JI~ Raymo E. Carroll, MAl, SRA Timothy W. Sunyog ~ State-Certified General Appraiser State- Registered Trainee Real Estate Appraiser 0000165 RI17212 , "-""---'"~ .' ,~...,_.,._..."-,,,,-.~,,. '_,_.'~ri_.m 16 , 1, .~ COPY OF ENGAGEMENT LETTER DANIEL H. COX ATIORNEY AT LAW 206 West 6th Street Post Office Drawer CC Carrabelle, Florida 32322 Of Counsel to Young, van Assc:ndcrp, P .A. Telephone (850) 697-5555 Facsimile (850) 697-2171 Naples (239) 37().0842 E-mail dhoox@gtcom.net September 30. 2005 Mr. Ray Carron Carroll A Carroll Real &tate Appraisal 2S()() South Airport Road, Suite 206 Naples, FL 34112 RE: Appraisal Services for Port of the Islands Community Improvement Dis1rict Dear Ray: I'm sony you and I wen:: UDllble to connect while I was in town. AB I mentioned, I represent the Port of the Ia1ands Community Improvement District. The District is a governmental entity, and bas determined to construct a tire station on property within the boundaries of the District. There are two specific parcels that the District is interested in acquiring. They are shown on the map attached. Parcel A is located north of U.S. Highway 41 on Union Road. It is bounded by Union Road on 1bc west, the Dislrict's utility facilities to the Dorth. state owued lands to the east and an abandoned dormitory facility to the south. This parcel consists of three acres. The owner has agreed to donate 1.5 acres to the District 81: appraised value with the District potentially purchasing the additiooa11.S ecres. Parcel B is 10caIed south ofU .S. Highway 41. It is bounded on the north, east and south by vacant commercial property and on the west by state owned lauds. This pan:e1 consists of 1.5 acres. Parcel A is zooed RT (resideotial tourist) and Parcel B is zoned C4 (General Comn1eR:ia1). Neither conveyance will include utility capacity rights 8lIIIigned. Both would have to be rezoned to be used for the intended use. The diagrams attached show that the probable building 16 , 1 'r:J . Canoll &: Carron september 30, 2005 Page 2 configuration would require a variance for rear yard encroachments if Parcel A is used. No variances would be required for Parcel B. Your cliCDl is Port of the Islands Community Improvement District. Ita blllins address is c/o Severn Trent Services, Attn: Ed Oosclcki. 4837 Swift Road. Sui1C 100. Sarasota, FL 34238. Please call if you bave 81lY qucstioDl. I UIIdcrstand that your fee for this service will be $3,500.00. Let mil know ifthia bas changed now that you have all oftbis information. y Daniel H. Cox . . , , . ---''''---'''---'''- ~"..._._---_._- ..._,.__.~-~ 1611 FUTURE LAND USE MAP , .. . r .. . T " . , U . , Ii. I .. .11 1IIIii ! "'''I~''. .111,0"'" I II · i - : - i ; I q ; ; / !lll ~ I t ;P! ~ ~!I~ ~!lHH! !I ~nli i,tJi lln IlIliilHlIlUri fI1Iir",I" "..~'''n !! rlllr~!llll,~ ."'>"~,,,<,, ' j I S Wi t !ill! In w 00.01 (']1:\'):,\1].' &11 ./.'/'" : . ') I ,.~ .. : = I i q' / . I \ 'II I I ; d lid I!UllId 11111 j III w : I.! ~lliiiiiii~ IIi i I!.h, ill!. ; :: : I ill UDliUlln !il i I IIi II 1 1I'I'i ~ I . ..mo.... !. o! I ..1lII II ,I' I .. I '> I'll! "-il!lll .. w ~ - II dl I = I I h1lij1il ! ! I : Ii II ; ~!lIlll d I~J leltll' ,'I!,',lliiJ I; .i"l II Slq' I t "Ii II i d illl!, ~1!iU' II II' :r"I!ll!' w - I L I Ii fl~t 111,111 Ii II 1 I ,If'\ _ : IOOfilEllfrt n .......am H1H'~I!I, : - . - - - . - . - " c - - - w Do ~ C - ::1 I' : ~I ;111 , ~ f II.' I; w . ::; ,. h:.. :: . C II : I;~ . "" ,a . I! III 1M! .~! o.! -~ a: i' , . "I -;:) I :11. r- . . w ~ :::a . \-(1 - ~:, =: . "' (: ilL f () J \1 \.1 I ih . .., COLLIER COUNTY GROWTH MANAGEMENT PLAN EXTRACT .1 61 1 ~, to criteria. This may be ac:complflhed by encouraging coordinated mlxed-use a1tes of water-dependent and wider-related land u.e. are permitted within the coastal region of this District. Mlxed-u.. site. ofwater-dependent and water-related us.. and other recreational use. may Include water-related parks. marinas (public or private). yacht dub., and related accessory and recreational uses. such as boat storage, launching facilitle., fueling fadllle., and reetaurants. AIry water-dependent and/or water-rellded land use shaY encourage the use of the Planned Unit Development technique and other innovative approach.. to conserve environmentally .enaltlve features and to allUre compatibility with surrounding land use.. (XII) Note: Cotlier Counly's Land Development Code allows for the construction of private boathouse. and docks a. an ac:cessory use to permitted uses In the following zoning dlstrtds: Rural Agricultural W. Residential Single Family (RSF 1-6), Residential Multiple Family (RMF-6, 12, 16), R..lderjJa! Tourlst (RT), Village Residential (VR), and Mobile Home (MH). Marinas are a permitted use In the Commercial (C-3) and Commercial (C-4) Districts. Marinas are permitted as a conditional use In the RT DIatrIc:t. Marina. and boat ramp. are permitted as a conditional use in the Community Facility (CF) District. Boat yards and marina. are permitted as 8 conditional use In the VR Dls1rlct. The Collier County Manatee Protection Plan (NR-SP-93-01) May 1995 restricts the localJon of marinas and may Iml the number of wet slips, the construdlon of dry storage facilities, and boat ramps, based upon the Plan's marina siting criteria. (XI) Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatIllUty with surrounding land uses and consistency with the sling policy of the Conservation and Coastal Management Element (Objective 10.1 and subsequent policies), the following IMd use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: a. Presently developed sltea; b. Sites whenl wateroodependent orwater-related uses have been previously established; c. SIt.. where shorelne Improvements are In place; d. Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features, could be minimized. Port of the IslandS Is a unique development, whlc:h Is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Crlk:al Slate Concern. However, a portion of the development was determined "vestecr by the State of Florida, thus exempting It from the requirements of Chapter 380, Florida statutes. Further, thef8 Is an 8Jdsting Development Agreement between Port of the IslandS, Ine. and the state of F10rtda Department of Community Affairs dated July 2. 1985, which regulat.. land uses at Port of the Islands. Port of the Islands Is eligible for all provisions of the Urban - Mixed Use District in which It Is located to the extent that the overall residential density and commen:lallntenaity does not exceed that permitted under zoning at time of adoption of this Plan. 1. UrNn Residential Subdistrict The purpose of this Subdistrict Is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the . Urban Mixed Use District. Maximum eDgible nlsldentlal density shan be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in ac:corclance with the Transfer of DevelOpment RIghts Section of the Land Development Code. . (IV)(XI) 2. Urban Coastal FrtnGe Subdlatrtct 28 . ,,-. .-_.,- , ;-. " .........,..,.-- 1611 . ZONING MAP ~ -.--'.. --- --",.- - .... Il~r~ I ,52; i.. p J~~S '" ~. >'1 .,'I~z ~ I .\ai. [ .. ,; Ji~l~ . ! II Alg !- 1 I ! ,;--=.. ,. I ! .. J; i f I- , .1 "WIIIl?.....~~ !p 'of '(" h ~ i: ! : I' ~ , , , " t P ~ _Ill ..,,&/, ----... , ......- ............... ..- W -=.;.:.::::..$ A ~ ;-.. ?i I . -- ,.------ ! r-- W .. Z~ i -, OW N'---' l-==! "'... ,--.-.... -, -- t ~ I . I J .IO::I'I'~'" . Lrl h. . i I l . , I , l______ 18 .... . ..-....-... --.---.-. , , COLLIER COUNTY LAND DI!:VBLOPMBNT CODE EXTRACT 1 6 11 · " 2,03.00 ZONING DISTRICTS Page 5 of 78 shopping, have a trade area consisting of sevel1ll neighbofhoods, and are preferably located at the intersection of two-arterial level stntebI . Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C.1 and C. 2 zoning districts typically aggregated In planned shopping c...... . This district Is not intended to permit wholesaling type of use., or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed.use project containing a residential component Is permitted in this district subject to the aileria established herein. The C-3 district is permitted in accordance with the loclltlonal criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permiSsible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP, The maximum density permissible or permitted in the C-3 cflStrict shal not exceed the den.ity permissible under the den.ity rating system. D. Genel1ll Commercial District "C-4". The genel1ll commercial district "C-4" Is intended to provide for those types of land uses that attract large segments of the population at the seme time by virtue of scale, coupled with the type of activity. The .. purpose and intent of the C-4 district is to provide the opportunity for the most diverse . types of commerclal activities delivering goods and services. induding entertaiM'lent and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted In the C-1 through C-3 districts are also permitted in the C-4 district. The outside stol1lge of merchandise and equipment is prohibited, except to the extent that It is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment Activity centers are suitable locations for the uses pennitted by the C-4 district because most activity centers are located at the Intersection of arterial rvads . Therefore the uses in the C-4 district can most be sustained by the tnlnsporhltion network of major roads, The C-4 district is permitted in accordance with the locatlonal criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP, The maximum density permissible or permitted in a district shall nol exceed the density permissible under the density I1Iting system. E. Heavy Commercial District "C-S". In addition to the uses provided in the C-4 zoning district, the heavy commercial district "c-5" allows a range of more intensive commercial uses and services which are genel1llly those uses that tend to utilize outdoor space in the conduct of the busines.. The C-5 district permits heavy commercial sel'Vices such as full.service automotive repair, and establishments primarily engaged in constnJction and specialized tnlde activities such as contractor offices, plumbing, heating and air I conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an endosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such Jllrd. are completely endosed or opaquely .. screened. The C-5 district Is permitted In accordance with the locatlonal crtterla for uses and the goals, objectlvas, and polides as Identified in the future land use element , of the Collier County GMP, F, Travel treiler- recreational vehicle campground district (TTRVC). .. 1, Purpose and Intent. The provisions of this district are intended to apply to Ir8ller Iota for travel lr8i1eB, park model tnlvel trailers and recreational , vehicle. , not exceeding 480 square feet In gross floor area . Such trailer Iota are intended to accommodate tl1lvel trailers, model tl1lvel tnlilers, pickup . coaches, motor homes, and other vehicular accommodations which are suitable for tempol1lry habitation, used for travel, vacation, and recreational purpo.... Campsites are intended to accommodate temporary residency while camping, vacationing or recreating. TTRVC vehides may be permanently located on a lot; .. http://Iibrary2.municode.comIgateway .dIVFL2Iflorida2l1341 J/1342211342S?f=templates$.., 12123/2004 , . -~._-_.."._,~,,_., 161 1 ! QUALIFICATIONS OF RAYMOND E. CARROLL AGE Bom in St. Petersburg, Florida, November 6, 1954 EDUCATION Florida Atlantic University, Boca Raton, Florida Bachelor of Science - Real Estate - 1975 Appraisal Institute (AI) - (Required for Designation) The full battery of week-long courses required for SRA & MAl designation, including Real Estate Appraisal Principles, Basic Valuation Procedures, Residential Properties, Capitalization Theory & Techniques, Part A, Capitalization Theory & Techniques, Part B, Case Studies in Real Estate Valuation, Valuation Analysis & Report Writing, and Standards of Professional Practice Continuing Education Ray Carroll has met the continuing education requirements of the State of Florida and of the Appraisal Institute. PROFESSIONAL EXPERIENCE Practicing Real Estate Appraiser Since 1975 Registered Florida Real Estate Broker Since 1980 Partner, CARROLL & CARROLL, Since 1984 Qualified Expert Witness, Circuit Court & Federal Bankruptcy Court PROFESSIONAL RECOGNITION SRA Designation - Certificate 1784, Earned 08-02-83 MAl Designation - Certificate 8276, Earned 10-20-89 State-Certified General Appraiser 0000165, Earned 11-30-89 GRI Designation - Florida Association of Realtors, Earned 06-22-90 2000 Ad Miller Award Recipient - Naples Area Board of Realtors MEMBERSHIPS AND PROFESSIONAL OFFICES , . National, State & Local REALTOR Membership Appraisal Institute, West Coast Florida Chapter, President 1997 r Appraisal Institute, 1998 Chair of Region X Appraisal Institute, Director 1996-1998 . APPOINTMENTS AND CIVIC OFFICES . Naples Airport Authority, Member & Chairman, 1988-1992 Community Blood Center, Trustee 2001-2003 Graduate of Leadership Collier, Class of 2000 , Vice President, Liberty Youth Ranch 2004- Park PAC Chair 2004 PRACTICE INCLUDES ASSIGNMENTS FOR . Condemnation Special Purpose Properties General Litigation Commercial/ Multi-family Properties . Private Consulting Agricultural Properties . , 16' 1 .. QUALIFICATIONS OF TIMOTHY W. SUNYOG ~ AGE Born in Naples, Florida, July 12, 1982 EDUCATION Rollins College, Winter Park, Florida Bachelor of Arts - Economics, May 2004 Florida Real Estate Appraisal Board Registered Assistant Appraisal Course (AB 1), July 2005 BACKGROUND . Naples Grande Golf Club, Naples, FL Golf Course Attendant, Sept. 2004 - July 2005 UBS Financial Services Inc., Orlando, FL Investments Intern, Fall 2003 PROFESSIONAL RECOGNITION State-Registered Trainee Real Estate Appraiser RI172l2 Earned 08-25-05 PRACTICE INCLUDES ASSIGNMENTS FOR Vacant Land Commercial Properties . I; , i; . . < . , . 53 ,.._._-~",.._,- . ,. "~_._-_._*" -..-........,--.- HM 161 1 . HOLE MONTES E:~GINEf.flS PLANNfRS SUrWEYORS 950 Encore Way' PO Box 111629. Naples Florida 34108. Phone 2392542000' Fax. 239.254.2098 RECEIVED December 30, 2005 JAN 03 2006 Mr. Mark Charneski Environmental Specialist III Department of Environmental Protection 2295 Victoria Avenue, Suite 364 Ft. Myers FL 33901 Re: Collier County- OW Port of the Islands PWS I.D. Number: 5110230 Florida Administrative Code Rule 62-555 Dear Mr. Charneski: This is in response to your letter dated November 14,2005 concerning the above referenced water treatment system. The operation of the Port of the Islands water treatment plant was reviewed along with an analysis of the each unit process. Based on this analysis a report was prepared detailing compliance with 62-555 F AC. It was determined that the plant could remain in full compliance as long as a residual free chlorine level of at least 0.5 mglL is maintained. Three copies of this report are enclosed. Sincerely, HOLE MONTES, INC. Ronald E. Benson, Jr., PhD., P.E. Senior Vice President/Principal REBIHWY:dlh Enclosures C: Ed Goscicki Tim Stephens N~nlpc: . I=nrt ~AIIl:.)r, t \h}nlrA' I=nnl~\Af{'\rHi 16' 1 ~ .- Port of the Islands Water Treatment Plant Compliance with Disinfection Requirements Decem ber 2005 Prepared by /M c_ ~ Ronald E. Benson, Jr., Ph.D., P.E. Florida Registration No. 39926 Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Port of the Islands Water Treatment Plant Compliance with Disinfection Requirements Decem ber 2005 ,--,--.--.'. ~......, NlF .. r ..,,_....~'" ."C'""_ 1611 .-/.' Executive Summary Baffle factors for each unit process in the treatment train at the Port of the Islands WTP are estimated based on engineering drawings and inspection of the existing water treatment plant. These estimated baffle factors are used in calculation of the CT for disinfection performed at the Port of the Islands WTP. These baffle factors can be used along with DEP Form 62-555.900(2) for documenting future compliance with the DEP regulations for disinfection at this facility. In addition, the results from this analysis can be used to evaluate the maximum flowrate that can be disinfected at this facility while meeting the current regulatory standards at various temperatures. Under current conditions these data showed that adequate disinfection can be achieved at full design flow at a water temperature of 15 oC. It was determined that a maximum plant flow, based on disinfection only, of 0.84 MGD can be disinfected at 15 oC and a pH of 8.0, with a residual maintained at least 0.5 mg/L free chlorine and remain in compliance with log-reduction criteria for both Giardia and viruses. Introduction State and Federal regulations require sufficient disinfection for surface water, with the criteria of 3.0 log removal for Giardia and 4.0 log removal for viruses. A combination of filtration and disinfection can be provided in order to meet this requirement. Conventional Filtration as performed at the Port of the Islands WTP can count for a 2.5 log removal credit for Giardia and a 2.0 log removal for viruses. Therefore disinfection must account for a minimum of 0.5 log inactivation for Giardia and 2.0 log inactivation for viruses. The method of assuring sufficient disinfection is provided is measured as CT (disinfectant residual Concentration x disinfectant contact Time). EP A provides the amount of CT required as a function of temperature, pH, and method of disinfection in their Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources. Because free chlorine has an extremely high virus reduction, CT values are almost always governed by Giardia inactivation. 1 16' 1 " . Port of the Islands WTP Operation The Port of the Islands WTP is a community water system. The plant utilizes a cascade tray degasifier, lime softening, sand filtration, and liquid chlorine disinfection to treat ground water. The Port of the Islands WTP is currently rated to produce a maximum of 0.432 million gallons per day. There are currently no ASR wells that contribute flow or storage to the Port of the Islands WTP, thus the current maximum flow that would require disinfection is 0.432 mgd (300 gpm). It should be noted that the maximum daily flow recorded during the 2004 FY was 159,000 gpd. The Port of the Islands WTP utilizes chlorine gas for disinfection with the disinfectant first added prior to the Sand Filters; other application points exist prior to the ground storage tank and prior to entry into the distribution system after the high service pumps. Reauired CT Tables E-5 and E-6 from the EP A Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources provide the CT required for facilities such as the Port of the Islands WTP that use free chlorine in order to provide various levels of log-reduction for Giardia and vIruses. Because free chlorine has an extremely high virus reduction, CT values are almost always governed by Giardia inactivation. For free chlorine the CT for I-log Giardia inactivation exceeds the CT needed for 3-1og virus inactivation, for this reason, when using free chlorine for disinfection, Giardia inactivation controls. The following expression (equation 1) was taken from the paper included in the guidance manual by Clark and Regli for reduction of Giardia lamblia using free chlorine. Giardia cysts CT = 0.12(IrO,2\C)OI9(pHi.5\TemprO,15 (equation 1) Where I = number of organisms remaining after time t divided by the number of organisms at t = O. (For a log reduction of 0.5, I = 0.31) C = Free chlorine in mg/L 2 '-,,-....._--~_...,..~ -....-.-,-----"'.. -.,.-.,,--- 1 6 11 ..' ~ pH in standard units and temperature in degrees C. Viruses From The EP A Guidance Manual for alternative disinfectants, Figure 2-1, Virus Log Reduction for free chlorine is shown as a fixed proportion of the CT value with a slope of 0.64. Viral Log Reduction = 0.64(CT) This conforms roughly with Table F-3 from the EPA Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources for the pH range of 6 to 9. These tables do not indicate at what temperature the data was obtained. The current Excel version of DEP Form 62-555.900(2) predicts log reduction for viruses which is consistent with the following equation. This expression includes a derived factor for temperature. Log reduction = (CT actual) (0.37) (exp(0.0693T)) (equation 2) Basis for assumed Baffle Factors: Table C-5 from the EP A Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources provides a baffle factor 0.3 for tanks that are considered to have poor baffling conditions, with single unbaffled or multiple inlets and outlets. A baffle factor of 0.5 is assigned to tanks considered to have a baffling condition rated as "average" (baffled inlet or outlet with some intrabasin baffles) and a baffle factor of 0.7 for tanks that are considered to have a baffling condition rated as "superior" [perforated inlet baffle, serpentine or perforated intra-basin baffles, outlet weir or perforated launders]. The following unit processes were assessed using these criteria to determine a reasonable baffle factor for each tanle Pipe line flow or tanks with very high length to width ratios have a baffle factor of 1.0. Sand Filters Disinfection at the Port of the Islands WTP begins at the point of injection of chlorine just prior to the Sand Filters. Based on tracer studies performed at other water treatment plants, it is reasonable to use a baffle factor of 0.8 for filters. Two sand filters may be in operation, each with a volume of 3400 gallons, the assumed baffle factor is 0.8 3 1611 ~ ,~ '-"", which yields an effective contact volume for each filter of 2,720 gallons. Therefore, based on these assumed values, it is proposed to calculate the T 10 at all flow rates through the Sand Filters using the following relationship. Tlo _ Filters = (2,720 gallons)x(number of filters)/(flow in gpm) (equation 3) Assume a baffle factor of 0.8 for the sand filters. This results in an effective contact volume of2,720 gal/fiter or 5,440 gallon for both filters operating. For a flow rate of 300 gpm, this results in a effective contact time of 18.1 minutes with both filters in operation. Ground Storae:e Tank No baffles exist in the ground storage tank. Based on tracer studies performed at other water treatment plants, a "poor" baffle factor of 0.25 is assumed. The Ground Storage Tank is 30.8 ft in diameter, this results in a working volume of 5,570 gallons/foot. For half depth, this is a volume of 66,500 gallons or an effective contact volume of 16,600 gallons. Operating at half depth, at a flow 300 gpm, this results in an effective contact time of 55 minutes. Using this assumed baffle factor, it is proposed that the contact time in the Ground Storage Tank for all flow rates be computed based on the following: TIO-GSTank = (0.25)(5,570 X depth in feet)/(flow in gpm) (equation 4) Transfer Wet Well Because of the inlet and outlet pipe configuration, assume an average baffle factor of 0.5 for the transfer wetwell. This results in an effective contact volume of 1060 gallons, with a flow of 300 gpm this yields an effective contact time of 3.5 minutes. Hie:h Service Pump Wet Well Assume that this tank is poorly baffled. Using an assumed baffle factor of 0.25 here as well, the effective contact volume is 1,740 gallons. For a flow of 300 gpm, this results in an effective contact time of 5.8 minutes. Because these wet wells are always full, it is proposed that the contact time through the transfer and high service pump wet wells be computed based on the following: TIO-wetwells = (2,790)/(flow in gpm) (equation 5) 4 '-""---~-"." ~-..~"" 1611 " Contact Time - Entire WTP Then the total contact time through the treatment plant can be computed using the following: TIO= ((2,790 + (2,720)(#offilters)+(1,390)(G.S. depth-ft))/(flow in gpm) (equation 6) Determination of Actual CT In order to determine the Actual CT, the following information is required. . Flowrate through the treatment system . Chlorine residual at end of clear well The Actual CT available through the treatment plant can be calculated by using equation 6 to find the contact time and multiplying it times the chlorine residual measured at the end of the Contact Basin. Example - Current Condition An example for current conditions for the Port of the Islands WTP follows. The Plant is operating at a rated capacity of 0.432 mgd (300 gpm) with two filters in operation and the Ground Storage Tanks operating at a depth of 10 feet. It is assumed that the chlorine residual at the end of the High Service Pumps is maintained at 1 mg/I free chlorine. Effective Contact Time through the treatment system TIO= (2,790 + (2,720)(2) + (1,390)10)/300 = 74 minutes (equation 6) CT for Primary Disinfection (74 minutes)(1 mg/l) = 74 (mg/l) . minutes Current Condition - determination of Actual Loe:-reduction for Giardia cysts The Actual Log-reduction for Giardia cysts can be calculated from equation 1 using the Total CT Available along with the temperature and pH of the water. If the calculated log-reduction is greater than 0.5, sufficient disinfection has been provided to meet requirements for inactivation of Giardia. Assume: Temp: 15OC: Free Chlorine: 0.5 mg/L (minimum) pH: 8.0 then.. . 5 1611 ..... i CT = 0.12(1)"O,2'(C)019(pH)2,54(Temp)'015 (equation 1) Solving for I: 74 = 0.12(1)'0,27(0.5)019(8.0)254(15)'0,15 (1)'027 = 5.37 I = 0.0020 Or a 2.7 log reduction in Giardia cysts (2.7 > 0.5, so this is sufficient) Current Condition - determination of Actual Loe:-reduction for Viruses Based on the relationship expressed in Figure 2-1 of the EP A guidance manual, the virus log reduction is about 64% of the CT value or nearly 50, which exceeds by far the required 2 log reduction needed. Future Condition No expansion is planned for the Port of the Islands water treatment plant. Calculation of Maximum Water Treatment Plant Production Capacity The maximum production capacity of the Port of the Islands WTP with respect to disinfection as the limiting condition can be calculated using the above equations. Assume that the maximum production capacity is limited by the log removal of Giardia. Assume that the free chlorine residual is maintained at a minimum of 0.5 mg/l for disinfection. Assume that two Filters are in service, and that equation 6 applies. The Ground Storage Tanks is operating at a depth of 10 feet. The water temperature is 15 oC, and the pH is 8.0: To meet Giardia log-reduction criteria, the required log reduction is 0.5 or I = 0.31. CT = 0.12(0.31)-0,27(0.5)0,19(8.0)254(15)'0,15 Solving for the required CT : CT = 18.9 (mg/I) . minutes Then the needed contact time at 0.5 mg/L free chlorine is 18.9/0.5 = 37.8 minutes TlO= ((2,790 + (2,720)x(2)+(1,390)x(10))/(flow in gpm) (equation 6) Using equation 6 to solve for flow (gpm) 37.8 = (2790 + (2,720)2+13,900)/Q Q = 585 gpm (0.84 MGD) 6 '""----~ J ....,' ~_'."'..,"u,..~ "'.-....... "..,~,.,""'~ ,-. ,._~ . 16/1 ; This shows that, based on disinfection criteria only, a maximum flow of 0.84 MGD (585 gpm) can be treated at the Port of the Islands WTP and provide sufficient CT to meet the log-reduction criteria for Giardia and viruses. Assuming adequate volume is reserved in the ground storage tank to meet the needed contact time and that sufficient free chlorine is present to maintain a 0.5 mg/L residual at the outlet of the ground storage tank. Use of DEP Form 62-555.900(2) When inputting actual plant operating data into DEP Form 62-555.900(2) one should divide the facility into four parts as identified above, (1) Sand Filters (3,400 gal. each), (2) Transfer Wet Well (2,110 gal/filter), (3) Ground Storage Tank (5,540 gallon/foot), and (4) High Service Pump Wet Well (6,940 gal). In the column labeled "baffling factor" input 0.8 for the Sand Filters, 0.50 for the Transfer Wet Well, 0.25 for the Ground Storage Tank, and 0.25 for the High Service Pump Wet Well. In the volume column, the values listed above should be entered, it two filters are in service, 6,800 gallons should be used for filter volume. Input the minimum free chlorine residual, pH, temperature and the maximum flow rate observed for each day. The excel spread sheet will calculate the CT and log inactivation for Giardia and viruses. At I50C, the Excel spreadsheet provides a total log inactivation for Giardia of 3.3 and a total log inactiviation for viruses of 87 for this example. In both cases the results are close to that calculated directly. A copy of the results for the same example as done above is shown in Figure 5. 7 . 1611 I. <.0 ,... <Xl 0) J: J: J: J: 0.0.0.0. + , + + "---- LO _.----- '<t '<t Q) C 'i: .2 .s::. 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Ii ......1). :\1,. 15 li.I..~. .... .. 6 '".'~. b.".. j 0 ~H. ~ ~tl'i 1"-.. 1: ..... ...)'; ~h ... i'I1 ~h ... ~ III 'ii ...:;: ~ 'ii '" .i. ':I:~ ' · .~ I] I~ .~.'8 ~ ~ M ~ 'R ~ ~ . fE ~ ~f 'E ~ ~ ,~ ;: .;: 'I .. .. .! ....\!!~ ! i ~l'!'~" I~. !.~ .~," Ii j 1l1. ~ ~ .... ~'I'l :.. ~..... . "" 1lI,..", <:l:> J; u..... (fJ is: I~ u. I" t'l ~. ~ J,lo. F Ql ,.. "" ... .N, M "'" III (l\ Cl ..... ........ 16' 1 "11 t ','1 POLICY FOR DETERMINATION OF UTILITY A V AILABILITY Recitals A. The Port of the Islands Community Improvement District owns, operates and maintains potable water production and distribution facilities and waste water collection and treatment facilities providing services to the properties within the boundaries of the District. B. Each property that is provided services by Port of the Islands Community Improvement District was assigned a specific number of EquiVf.1.1ent Residential Units (ERC's) for utilities services (water and wastewater) as its allocation of capacity within the District's systems. C. The number ofERC's assigned to each prpperty establishes a lirtiiton the system capacity that the District can commit to each prop~rty within the District. D. From time to time, the District is asked to proVicl~ a letter of utility concurrency to Collier County as part of the County's review of developfu.~nt projects within the District. E. The allocation of utility service b~twe~nthe various prqperties was based on a methodology that assigned a numerical eq\livale~~t'k~~~L~tilities services purposes) between various types ofd~~~lopment antilZip~t~d to inlZl.l.fon the property at the time that the District was establish&iand. the facilities; were constrUcted. F. A single famiIyresidentiij unit was assi$JWd the value of 1.0 ERC. The following table identifies!~reCJ.~vl:\I~~c)' of plf.l.lIDed uses compared to that for a single family resid~'t~ijlJAit. ' ~~?gle FamilYI\~I~eentiali~~t 1.0 ERC ~;Llltifamily Resid~~tial Unit 0.8 ERC Recreational Vehicle Residential Unit 0.4 ERC Hotel;I\Qom or Suite 0.6 ERC Restauran.t,~~at 0.2 ERC Bar or Coc.~!;.poUnge Seat 0.08 ERC Marina Slip (water supply only) 0.08 ERC G. The Board of Supervisors of the District finds that it is probable that a property owner may propose a use for their property that was not considered in the original determination of equivalency and that it is more fair and certain to the owners of property and to the District ifthe District has a uniform policy for determining utility availability. NOW THEREFORE, be it resolved that it is the Policy ofthe Port of the Islands Community Improvement District that: "---'_.""-- -' --~~;"-"---"'~~"~"'" _.",,<-_.,~"" _m""'__._. 1611 ~" 1. Prior to providing a letter of utility availability to Collier County on behalf of any of the properties served by the systems owned by the Port of the Islands Community Improvement District, the District will review the proposed site development plan and determine that the anticipated system demands from the proposed development does not exceed the system capacity reserved for the property. 2. The amount of system capacity necessary to support a single family residential unit is assigned the value of 1.0 ERC. The following table identifies the numerical relationship between other uses as compared to that for a single family residential unit. Single Family Residential Unit 1.0 ERC Multifamily Residential Unit 0.8 ERC Recreational Vehicle Residential Unit 0.4 ERC Hotel Room or Suite 0.6 ERC Restaurant Seat 0.2 ERC Bar or Cocktail Lounge Seat 0.08 ERC Marina Slip (water supply only) 0.08 ERC 3. In the event that future development is propos~d.that involves types of development other than those identified above then an evaluation of the numerical equivalency of each of the proposed additional types of deVelopment will be performed by the District's Engineer of Record. The District's Engineer.<:)fRecord will utilize Chapter 64E-6.008 (Table 1) with an effective dat~ofMay 24,2004 in performing this evaluation. For the purpose of establishing the definition of a single ERC, a dwelling with 3 bedrooms as identifiedPJ,Chapter 64E..6.008 (Table 1) as requiring 300 gallons per day is equal to 1.pERC. The number of gallons per day identified in Chapter 64E- 6.008 (Table 1) for anr~g.~ntifiedtype of establisl1ment will be divided by 300 in order to determine the numericale~~iv&~nCY of that type of establishment as compared to a single family resideptial unit,rln some cases, engineering judgment will be necessary to acco~odate types Qj:'establishments that may not be specifically included in Chapter 64E-6.PQS (Table 1) ofl?roposedfacilities that may combine functions associated with multiple types of establisfu:hents as identified in Table 1. 4. In thee~<;;.nt that the owner of a subject property does not agree with the evaluation perform~d by the District's Engineer of Record then they may petition the District's Board ofSgp<;;tvisors and present evidence for an alternative assessment for the proposed type of estaplishment to be developed. 5. This rule and the determination of utility capacity is not intended to and does not effect the number of"ERC's" assigned to a property for purposes of allocating operation and maintenance expense or the apportionment of the duty to pay any non-ad valorem special assessments for operations and maintenance or debt service. Whether a property utilizes all of the utility capacity assigned to the property or not it will continue to be subject to the same level of non-ad valorem assessments, unless and until a transfer of ERC's is made from one property to another and the District's Board of Supervisors accepts an amended methodology reapportioning the duty to pay the assessments. , 1611 r Adopted this _ day of , 2006 after public hearing and notice of intent has been duly published. ATTEST: Port of the Islands Community Improvement District Ed Gosciski Richard Gatti Secretary Chairman ."""~- "',,~..__. rotalQll-- 1 ;t; / SOUTH FWRIDA WATER MANAGEMENT DISTRICT LOWER WEST COAST REGIONAL SERVICE CENTER 2.,01 MrCn'gor Boull'v.ud, ForI MYl'rs. FL :U'XlI (219) 11H-2<J29 . FL WArS l-HIKl-24H-120l . Suncom74H-2<J29 . Fax (219) 11H-2'J16 . wwws(wmd.gllv/org/,'xo/ftmYl'rs/ REGULA TION DEPARTMENT ~ece4l !lOy ert November 29,2005 !tOle 41. 3 0 lPa1; Ronald E. Benson, Jr., Ol1fes · 111c. Hole Montes, Inc. 950 Encore Way, Naples FL 34110 Subject: Water Use Permit (WUP) application # 050812-4; WUP # 1l-00271-W Project: Port of the Islands Community Improvement District Public Water Supply Well field County: Collier County - S 02/ T 52S/ R 28E Dear Mr. Benson, A preliminary review of the above referenced WUP indicates that additional information will be required in order to complete the evaluation, as follows, pursuant to rule 40E-I,0603, Florida _ ~dministrative Code (FAC), Please answer the following questions ~ I) Please provide assurances that the increase in the water withdrawals from this project will not ~ adversely impact any wetlands and I or legal existing users. Based on Water Use Basis of Review (BOR; SFWMD, 2(03), these assurances can be provided "through applicable ~ moni tori ng data or model i ng data." Please refer to Secti on 1.7.5 of the BO R for the impact ~ evaluation. A previous model for a reduced allocation cannot be accepted. y ~ When the above information is received, we will resume processing your application, Please include ~ 'x: three (3) copies for any responses, ~< In accordance with Rule 40E-1.0603(S), FAC if a response is not received within 90 days this Jj application may be processed for denial, if not withdrawn by the applicant. Should you have any questions regarding this application, please call me at 1-800 248-1201 or (239) 338-2929 at the Fort Myers Service Center. Due to the nature of the above questions, please be advised that responses to the above tions may necessitate of further clarification. Thank you for your timely response, ( ,./ e . Werst Jr. Regulatory Professi Water Use Divisi Ft. Myers Service Center GOVERNING BOARD EXECUT1VE OFFICE Kevin McCarty, Gail' Alice J Carlson Lelmart E. Lindahl, P.E, Carol Ann We hIe, [xceL/li"" Direcl", Irela M, Bague, ViC"-Clln'" Michael Collins Harkley R. Thornton Pamela Brooks-Thomas Nicolas J, Gutierrez, Jr" Esq, Malcolm S, Wade, JT. DISTRICT HEADQUARTERS: 3301 Gun Club Road. P,O, Box 24680, West Palm Beach. FL 33416-4680 . (561) 686-8800 . FL W A TS 1-800-432-2045 . :I~T''''' \JJu . SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOWER WEST COAST REGIONAl. SERVKT CENTEH DOl M,{ ;rl'gllr IIlIlIl('\'.lrd, IlIrl MI'('rs, 1'1 IJI) (2:\lJ) DH-2'/2'/ . 1'1 WAIS I-HOO-2,IH, 12111 . SUIlI'lIIll7,IH,2'/2'I . ""X (2'''J) :\:\H,2'1'\1> . \\'\\'\\'sl\\'llld.gov/lIrg/('w! v('rs/ November 29, 2005 Rece""ea Hole Montes, Inc. NOV 3 0 10051 Ronald E. Benson, Jr., Ph.D., P.E. HOle M Ontes I 950 Encore Way , nc. Naples, FI 34110 Subject: Application No.: 050812.3 Project: Port of the Islands Community Improvement District County: Collier See 09/ Twp 52 / Rge 28 Dear Dr. Benson, A preliminary review of the above referenced application indicates that addition information will be required in order to complete the evaluation, as follows, pursuant to rule 40E-I.0603, Florida Administrative Code (FAC), Please answer the following questions, ~qf'"' ~~ I) In review of "Table 9-Water Needed for Irrigation-typical year", you stated that the total allocation needed for the months of March, April, May, June and December will require an ~~~ allocation over 12.41 million gallons per month, This is much greater that a Blaney-Criddle lf~Q calculation 1-10 monthly allocation. Please explain why additional irrigation is required, -? 2) Has the additional water to be utilized as make up water during times of increased saline \. ,\,2)7 movement, from your public water supply been accounted for within your public water supply permit. 3) The revised SFWMD Basis of Review for Water Use Permit Applications requires applicants to submit transient model simulations of drawdowns assuming a maximum day pumping rate and 90 days without rainfall recharge, If modeling results indicate potential drawdowns greater than 1 foot 'If'L as outside of the proJect boundary for a confmed aquifer or 0,1 reel [or an ulI~ullfineJ aquifer, th<: withdrawals of other legal existing users must be included in a cumulative impact analysis, Please tjo.. provide all model input and output files in electronic fonn. Please provide a drawdown contour map l\~ for the Ground water Aquifer proposed including the project site boundaries. Please refer to the ~o~ revised Basis of Review Section 1,7,5 (http://www,sfwrnd,gov/org/wsd/wateruse/wurule pdfs/april 03/bor-nonn,pdO for the technical W aspects of modeling requirements. A previous model for a reduced allocation cannot be accepted. When the above information is received, we will resume processing your application, Please include four (4) copies for any responses, GOVERNING BOARO EXECUTIVE OFFICE Kevin McCarty, ClIO;/ Alice). Carlson Lennart E. Lindahl, P,E. Carol Ann Wehle. Ln'nlt;",. Oi,',''-''!/' Irela M, Bague, V;Cl',ClIO,r Michael Collins Harkley R Thornton Pamela Brooks-Thomas Nicolas), GlIli,'rrez, )1'., Esq Malcolm S. Wade,)r. DISTRICT HEAflQUARTERS: 3301 Gun Club Road, 1',0, Box 246RO, West Palm Beach, FL 33416-46RO . (561) 6R6-RROO . FL WATS l-ROO-432-2045 ~..._,- -._~_._"- ",._"- ___...__w___._.."...._.."O "_ . 16/1 '1 ,. 'f'. JCSDEVELOPMENTLLC 2614 Tamiami Trail North, Suite 615 Naples, FL 34103 Office: 239.435.0098 Cell: 239.564.4346 Fax: 239.435.1068 December 12, 2005 Mrs. Norine Dillon 129 Wilderness Cay Naples, FL 34114 RE: PROPOSAL FOR ACQUISITION OF ADDITIONAL ERCs Dear Mrs. Dillon: Please accept this letter as indication of our interest to purchase additional ERCs with respect to our ownership of the Port of the Islands Resort, Restaurant, Marina, and associated properties. We would like to propose the following: A. The purchase of 45 additional ERCs for a total purchase price of $315,000.00 ($7,000 each), payable in full at the time of issuance. B. An option to purchase up to an additional 20 ERCs at the same price ($7,000 each) within 24 months from the date of initial issuance. C. Eamest Deposit of $50,000.00 immediately upon acceptance of this agreement. D. The new ERCs to be fully transferable to any property within the Port of the Islands Community Improvement District without any further approval. The reason for this request is to enable us to construct the remaining hoteVcondominium units on the land that we purchased in June 2005. Please note that even though we would receive additional ERCs through this request, we would not request a higher density for our lands than that which has already been approved by the Collier County Zoning Department under the Ten Thousand Islands Development, LLC, approved Master Development Plan. In fact, our current plans would be to lower the density from 148 units to only 90 units. Included in the property that we purchased are three building pads for the construction of either 148 additional hotel units or 90 additional residential units. We have brought in SunStream, an experienced, first class condo-hotel construction and management group, to work with us on the design/construction/marketing ofthe additional units. As stated, the current plan is to construct 90 residential units instead of 148 hotel units. No changes in zoning or variances are needed for construction of the additional units. ~._.~_"" -a.... '" . ",""-"-~.__. ~._.~" -- . ~'-'-'~-- 1611- " Mrs. Norine Dillon December 12, 2005 Page 2 For an explanation of the ERCs historically allocated to our properties versus actual use and what we propose, please see the accompanying three charts. A. "South Hotel" properties are currently allocated a total of 124.5 ERCs (see Chart 1). B. "South Hotel" properties are currently using only 86.00 of those ERCs (see Chart 2), even though paying for 124.5 ERCs. C. To add the 90 residential units will require a total of 169.12 ERCs (see Chart 3). [Chart 3 takes into consideration the number of ERCs needed to complete the expansion of the Marina to 175 slips and 8 ERCs for our commercial land.] D. Therefore, an additional allocation of 44.62 ERCs is needed in order to construct all 90 of the residential units. (The total of Chart 3 less the total of Chart 1.) For comparison, current Collier County water and sewer impact fees for a two-bedroom and three- bedroom unit are $3,920.00 and $5,885.00, respectively. The average of those two amounts is $4,902.50. Our proposed fee of $7,000.00 per ERC is 40% higher than that average. Additionally, of course, the new ERCs will increase the amount of annual income to the CID proportionally. We would very much appreciate your consideration and support in our efforts to improve our property and thus making it a stronger community for everyone. Sincerely, James Shucart President JCS Development, LLC ... 16/1 <I Mrs. Norine Dillon December 12, 2005 Page 3 Chart 1 - Current allocation ofERCs: No. Units Factor ERCs Hotel Units: 145.83 0.60 87.50 Restaurant seats: 115.00 0.20 23.00 Bar seats: 35.00 0.08 2.80 Marina Slips: 140.00 0.08 11.20 Total: 124.50 Chart 2 - Current utilization ofERCs: No. Units Factor ERCs Hotel Units: 86.00 0.60 51.60 Restaurant seats: 96.00 0.20 19.20 Bar seats: 54.00 0.08 4.32 Marina Slips: 136.00 0.08 10.88 Total: 86.00 Chart 3 - Proposed new allocation ofERCs: No. Units Factor ERCs Hotel Units: 86.00 0.60 51.60 Restaurant seats: 96.00 0.20 19.20 Bar seats: 54.00 0.08 4.32 Marina Slips: 175.00 0.08 14.00 Multi-Family 90.00 0.80 72.00 Commercial: 8.00 Total: 169.12 "-_._-"'-"--~-'''''''"'''''--''- ,- ..._--~"" "_.-",,-.,,--. 16' 1 '" T ABLE OF CONTENTS I Financial Statements - November 30,2005 II ' Month to Month Revenue & Expenditures - General Fund III Month to Month Revenue & Expenditures - Water & Sewer Fund IV Tax Collections - FY 2006 V Check Registers - November 1 thru November 30,2005 "~"-~""-'-""-"'~ . .~.~- ,,,,.,"^' 161 1 Port of the Islands Community Improvement District Combined Balance Sheet November 30, 2005 Fund Tvpes Totals Assets General Debt Service Entervrise 2006 Cash Operating Account $ 470,530 $ - $ 947,517 $ 1,418,047 Accounts Receivab]e 255 - 19,146 19,401 Investments State Board 463,836 - 7],701 535,537 State Board - Reserve 72,975 - - 72,975 Reserve Account - 15,100 - 15,100 Revenue Account - 597 - 597 Redemption Account - 4,800 - 4,800 Other Assets - - 30,399 30,399 Due from Other Funds - 31,409 - 31,409 Deposits 200 - - 200 Plant & Equipment - - 4,188,222 4,188,222 Property - - 90,480 90,480 Total Assets $ 1,007,796 $ 51,906 $ 5,347,465 $ 6,407,167 Liabilities Accounts Payable $ 18,562 $ - $ 7,029 $ 25,591 Due to Other Funds 3,058 - 8,213 11,271 Contracts retainage/Payab Ie 781 781 1,562 Customer Deposits - - 24,350 24,350 Accrued Payroll Taxes Payable 849 849 Matured Principal Payable - 30,000 - 30,000 Matured Interest Payable - 548,100 - 548,100 Total Liabilities 22,401 578,100 41,222 641 ,723 Fund Equity, Other Credits Contributed Capital - - 5,121,134 5,121,134 Retained Earnings - - 185,109 185,109 Fund Balances Designated for Reserve 72,975 - - 72,975 Unreserved 912,420 - - 912,420 Reserved for Debt Service - (526,194) - (526,194) Total Liabilities, Fund Equity & Other Credit~ $ 1,007,796 $ 51 ,906 $ 5,347,465 $ 6,407,167 - 1 - . 1611 Port of the Islands Community Improvement District General Fund Statement of Revenues & Expenditures For The Twelve Months Ended November 30,2005 General Fund Prorated Budget Actual Favorable Budget thru 11/30/05 thru 11/30/05 (Unfavorable) Revenues Maintenance Assessments $ 711,055 $ 118,509 $ 5,436 $ (113,073) Interest/Miscellaneous Income 5,000 833 3,560 2,727 Total Revenues $ 716,055 $ 119,342 $ 8,996 $ (110,346) Expenditures Administrative Expenditures Supervisors Fees $ 6,000 $ 1,000 $ 900 $ 100 Payroll Tax Expense 459 77 69 8 Engineering Fees 22,000 3,667 6,801 (3,134) Attorney's Fees 12,000 2,000 3,619 (1,619) Annual Audit 5,000 833 - 833 Management Fees 21,634 3,606 3,606 - Computer Fees 750 125 125 - Records Storage 50 8 - 8 Rebate Calculation - . - Trustee Fees . - 247 (247) Property Appraiser 12,000 2,000 13,369 (11,369) Assessment Roll 8,400 1 ,400 700 700 Tax Collector 5,000 833 - 833 Telephone 350 58 - 58 Postage 5,000 833 237 596 Rentals & Leases 1,200 200 580 (380) Insurance 12,004 2,001 313 1,688 Printing & Binding 2,000 333 483 ( 150) Legal Advertising 2,000 333 268 65 Other Current Charge 600 100 - 100 Office Supplies 350 58 39 19 Dues & Licenses 175 29 - 29 Capital Outlay 500 83 - 83 Total Administrative Expenditures 117,472 19,577 31,356 (11,779) - 2- --'--" .. -';;".-" ,.~~ ~ ~""."~~'~ -,.. -'--._-~"--" 1611 Maintenance Expenditures Personnel 60,000 10,000 7,943 2,057 Overtime Pay - - - - Bonus Pay - - - - FICA Expense 4,590 765 608 157 Health Insurance 1,680 280 - 280 Pension 3,600 600 - 600 Workers Compensation 3,000 500 - 500 Landscape Maintenance 60,000 10,000 3,752 6,248 Street Lighting 21,530 3,588 1,088 2,500 I rrig ation 6,500 1,083 27 1,056 Rentals & Leases 2,883 481 100 381 Maintenance - Roads - - 5,788 (5,788) Maintenance - Drainage - - - - Mosquito Control 20,000 3,333 - 3,333 Repairs & Maintenance 12,000 2,000 279 1,721 Operating Supplies 2,800 467 - 467 Capital Outlay - 22,793 (22,793) Other Current Charges - - 10 (10) Renewal & Replacement 400,000 66,667 - 66,667 Bad Debt - - - - Total Maintenance Expenditures 598,583 99,764 42,388 57,376 Total Expenditures $ 716,055 $ 119,341 $ 73,744 $ 45,597 Excess Revenues (Expenditures) $ - $ (64,748) Beginning Fund Balance 1,050,143 Ending Fund Balance $ 985,395 - 3 - . 16' 1 Port of the Islands Community Improvement District Debt Service Fund Statement of Revenues & Expenditures For The Twelve Months Ended November 30, 2005 Debt Service Prorated Budget Actual Favorable Budget thru 11/30/05 thru 11/30/05 (Unfavorable Revenues Special Assessments $ 881 ,400 $ 146,900 $ 6,739 $ (140,161) Assessments - Direct Bill - - - - Prepaid Assessments - - 2,443 2,443 Interest Income 2,500 417 3,017 2,600 Total Revenues $ 883,900 $ 147,317 $ 12,199 $ (135,118) Expenditures Principal Expense $ 490,000 $ - $ - $ - Interest Expense 311,400 11,220 (11,220) Special Call - - - Other Debt Service Costs* 80,000 13,333 - 13,333 Trustee Fees 1,000 167 - 167 Arbitrage Rebate Calculation 1,500 250 - 250 Total Expenditures $ 883,900 $ 13,750 $ 11,220 $ 2,530 Excess Revenues (Expenditures) $ - $ 133,567 $ 979 $ (137,648) Beginning Fund Balance - (527,173) Ending Fund Balance $ - $ (526,194) · Includes costs related to legal services - 4- ,~""---~"""",-,~'-'-"" ~.,"...'M"""",." '" 161 1 - ~ r 1\ .J, Port of the Islands Community Improvement District Water & Sewer Statement of Revenues & Expenditures For The Twelve Months Ended November 30, 2005 Water & Sewer Prorated Budget Actual Favorable Budget thru 11/30/05 thru 11/30/05 (U nfnvorable) Revenues Maintenance Assessments $ 718,791 $ 119,799 $ 5,495 $ (114,304) Sewer Revenue 67,639 11,273 8,413 (2,860) Water Revenue 42,460 7,077 4,446 (2,631 ) Irrigation Revenue 66,236 11,039 9,835 (1,204) Meter Fees 6,000 1,000 - (1,000) Interest/Misc Income 3,500 583 3,411 2,828 Total Revenues $ 904,626 $ 150,771 $ 31,600 $ (119,171) Administrative Expenditures Supervisors Fees $ 6,000 $ 1,000 $ 900 $ 100 Payroll Tax Expense 459 77 69 8 Engineering Fees 22,000 3,667 6,801 (3,134) Legal Fees 12,000 2,000 3,619 (1,619) Annual Audit 5,000 833 - 833 Compliance Services - - - - Management Fees 21,634 3,606 3,606 - Computer Services 750 125 125 - Records Storage 50 8 - 8 Trustee Fees - 247 (247) Property Appraiser 11,4 70 1,912 13,369 (11,457) Assessment Roll - - 700 (700) Arbitrage Calculation - - - - Utility Billing 8,925 1,488 - 1,488 Travel & Per Diem 250 42 - 42 Telephone 200 33 - 33 Postage 1,500 250 359 (109) Rentals & Leases 1,200 200 580 (380) Printing & Binding 350 58 484 (426) Insurance 12,004 2,001 313 1,688 Legal Advertising 1,400 233 268 (35) Other Current Charge 2,350 392 423 (31 ) Office Supplies 350 58 85 (27) Interest expense - - 5 (5) Capital Outlay - - - - Bad Debt - - - Total Administrative 107,892 17,983 31,953 (13,970) - 5 - . 16' 1 Maintenance Expenditures Personnel 60,000 10,000 10,490 (490) Overtime Pay - - - - Bonus Pay - - - - FICA Expense 4,590 765 803 (38) Health Insurance 1,680 280 - 280 Pension 3,600 600 - 600 Workers Compensation 3,000 500 - 500 Contractual Services 25,000 4,167 2,230 1,937 Telephone 6,300 1,050 1,276 (226) Utilities 32,414 5,402 672 4,730 Rentals & Leases 3,543 .591 (680) 1,271 Repairs & Maintenance 20,000 3,333 4,004 (671 ) Operating Supplies 82,000 13,667 3,445 10,222 Licenses 1,500 250 - 250 Renewal & Replacement 250,000 41,667 18,443 23,224 Total Maintenance $ 493,627 $ 82,272 $ 40,683 $ 41,589 Total Expenditures $ 601,519 $ 100,255 $ 72,636 $ 27,619 Net Income (Loss) $ 303,107 $ (41,036) Beginning Retained Earnings 226,145 Ending Retained Earnings $ 185,109 .6- ,...~----. 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J!l If) , Q) c g C z ~ .. ...~ v.:.:,!...... 00 (1)0.- .2l~ ci lilE~ ~ ~:e:e CIlUJ Z ,c::l0 0 000 'm:J: 'E' UZItl Itl Itlltlltl G>'" ::> a::... 8 ~ Itl It) Itl It) It) ~e ~ i ~ ~ ~~~ !~ ~ m!!:!: :r: ~:t:~ (J~ ~ ~8;:: :: :::::: ..., ."'1' '~' r"1J) ~.. '.' ,: o'~'/;:.".r g..'\', ~:::i :J e' ?005 Bav"OI. fjMI.tlpUllIOll M.s.7 Jt \ Advisory Committee j 2705 Horseshoe Drive South 1,',=lala . ~/ ~ Naples FL 34104 Hala~ ~.-:~1 ~ ~= ~ennlng_ _'1'", ,-"oyle -._.___- Coletta ... ~VMMARY QF MINUrt:$ ',OTIONS January 26,'2OOe III. New Business Purpose of meeting is to allocate the taxpayers funds for specific projects. Many recommendations were discussed. The CRA was represented by David Jackson who gave the different projects they are working on. Discussions of working on projects with the CRA, the County and the Developers in the MSTU area were suggested. Ray Perrine moved to spend up to $10,000 for a consultant to give the Committee a minimum of 3 design ideas for the entrance to the Bayshore Bridge, with and without a water feature. Second by Victor Brittan. Carried unanimously 5-0. Maurice Gutierrez moved Bayshore MSTU work with the CRA in developing design guidelines. Second by T_FiM. Carried unanimously 5-0. Ray Perrine moved to amend his previous motion - not to exceed up to $20,000, and to incorporate brick pavers, street signage and any other aspects applicable. Second by Victor Brittan. Carried unanimously 5-0. Ray Perrine moved to negate his 2 previous motions concel'l'ling the expenditure of funds up to $20,000 for the design ideas on the entrance to the Bridge, (pagodas) and other applicable aspects. Second by Maurice Gutierrez. Carried unanimously 5-0 Ray Perrine moved to hire a consultant to develop a Master Plan Document to include, but not limited to, brick pavers, pagodal, .treet slgnage, banner poles etc. With a maximum expenditure of $20,000 with a timeframe of 90 days. Second by Tom Finn. Carried unanimously 5-0. Maurice Gutierrez move to hire a consultant to addt... the lighting on the pagoda as the entry feature with amenities and construction and design with enhancements. Second by Vic BrIttan. Carried unanimously 5-0. Misc. Corm: Date: 0.3 -l1- --0 (0 Item #: l (p 1- ( c.. , Copies to: ~__.,.. ",_'- '0.,...._,,,""'" _"'.'_~~_""""'",,' TMr.. .""'. ~1 ,'- -,,,,,",,,--,",..-----..--.-- ---.-.. -~ - ".,...."..,."IIUIII- AU.7 Jc. 16' 1 Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 January 26, 2006 S~CIAL MEE11NG ptinutes 10:10 8fI I. Meeting was called to order by CIuIInnan Bill Neal at 10:30 AM. II. ATTENDANCE: MenIbeIs: BiI Neal, Tom Ann, VICtor Brittan, Raymond Perrine, Maurice Gutierrez, County: Danyl Rlchard-Project Mgr., Tessie Sillery-MSTU Coordinator, Diane Flagg- ATM Director, Others: David Jackson-CRA Direaor, Sue Chapin-Manpower SelVices In. NEW BUSINESS: A. Bayshore MSllJ Phase II Beaullllcation Program The purpose of the meeting is to doaIIe the taxpayers funds for specific projects. The following ideas where brought up IInddiacU88IKI: . BolrdwaIIc - agreed previously to be a co-sponsor with the CRA, Developer and the County. Diane Aagg asked if Marta Ramsey contacted them about not wanting a connection to Bayshore in which the Committee has had no correspondence either verbally or written. . David Jackson mentioned an easement to ~ will be brought before the BCC for discussion. He mentioned $50,000 was discussed to come from the County, CRA, and MSTU & Developer. . Discussion on the Ordinance and what can be done within the MSTU . Possibility of an access to Sudgden PatIc . Joint venture between eRA & MSTU to improve streets - Lakeview and Riverview - 18 months to 2 years . Round-about at Thomasson and Bayshore - waiting to see what WCI will do first. . CRA - ArboretLm Village - Thomasson and Bayshore Mixed uselHouseslCondoslOfflcelStoresletc. A lengthy discussion was held . Cyrus Point, traffic counts and pat1dng garage was discussed StJIff RecommendlItlons: Darryl RIehlit'd: . Lif1rIing and solution fOr the Banner Arms (Some solutions are: Leave Poles as is or Take Down or Put Them in the Medians) Approx. $120-140,000) . Bayshole Bridge Pavilions - showed renderings - might be RON issues (Approx. $634,642) . Raising the Hei!1JI of the Bridge - consensus was no benefit to the Taxpayers and decided not to do. . The possibility of (2) Pavilions f8Iher than (4) (on the Notth side) . Blight at Stotter Avenue - after discussing cleaning up the area, It was mentioned the CRA buy the land and the MSTU would do the Landscaping . Redesigning and lor enhancing the Entrance to Bayshore - need a study - consultant etc. Ray Perrine moved to spend up to $10,000 for a consuIIMt to give the Committee a minimum of 3 design ideas for the enInInce to tile ..,...... ........ with and without water features. Second by Victor BrIItan. c.nted UINIR.......y w. 1 ,_._"_....-,--,.,-<._-~..,"'. ~._~ -- '-""'"""",,-*-.. ....:_iII. _'_~"~V".~"_"'__'"'_"""""".~_"_'_~ -.,."...- 16 , 1 . Design for street signs - with a theme/logo/color/pidure etc. ,;1 . Consultant to upgrade the Bayshore MSTU area . Brick sidewalks -have pavers now - Approx. $180-200,000 to do balance of Bayshore - different pavers discussed - pros and cons discussed on the different types and approx. pricing - want to avoid demo costs. . Discussed a Master Plan - a Master Plan would include the pavers in which all developers would be required to follow certain design guidelines. Plan would keep area consistent. Would spell everything out according to the LDC. Diane mentioned the BCC will not create 2 Over1ays. David Jackson stated they can have the Bayshore Over1ay amended. Diane will review the language in the over1ay in regards to sidewalks. Maurice Gutierrez moved Bayshore MSTU work with the CRA in developing design guidelines. Second by Tom Finn. Carried unanimously 6-0. A lengthy discussion followed on developing a Master Plan and working with an Architech. They will build on other MSTU Master Plans. A rough draft can be finished in 3 months. Ray Perrine moved to amend his previous motion - not to exceed up to $20,000, and to Incorporate brick pavers, street slgnage and any other aspects appIlclIbIe. Second by Victor Brittan. Carried unanimously 6-0. Ray Perrine moved to negate his 2 previous motions concerning the expenditure of funds up to $20,000 for the design ideas on the entrance to the Bridge, (pagodas) and other applicable aspects. Second by Maurice Gutierrez. Carried unanimously 5-0. Ray Perrine moved to hire a consultant to develop a Master Plan Document to include, but not limited to, brick pavers, pagoda/s, street signage, banner poles etc. with a maximum expenditure of $20,000 and a timeframe of 90 days. Second by Tom Finn. Carried unanimously 5-0. Discussion followed on deceleration lanes, speed limit requirements; current millage rate of 1.75, 7% property values and the funding different developments will be contributing to the MSTU in the next few years. Grant - the Committee discussed keeping the funds as is and use for modifying the gazebo. Darryl will take care of getting the Banners changed from Holiday to other banners. Maurice Gutierrez moved to hire a consultant to address the lighting on the pagodas as the entry feature with amenities, construction and design with enhancements. Second by Vie Brittan. Carried unanimously 6-0. IV. PUBLIC COMMENTS: None Being no further business to come before the Committee, the meeting adjourned by order of the Chainnan at 12:40 PM. The next meeting is Wednesday, February 8, 4:00 PM Collier County Transportation Building/East Conference Room 2885 Horseshoe Drive South Naples, FL 2 ._-_..-_.~~'-_.- _.~.-- -"...~-- ...~.,._~.-., _..~..,."",,.~ .."'--,.."'...,.--....'- "..-- --'" "' 16 I 1 '}~l' sillery_t From: lulich_P Sent: Tuesday, January 24, 2006 9:45 AM To: Richard Darryl Cc: sillery_t; Petersen_b; flagg_d Subject: FW: Bayshore Bridge Beautification-Cost Analysis study Attachments: CSTANL 1,xls ~ CSTANLl.xls (44 KB) In preparation for the Bayshore MSTU Meeting, Bill Neal had requested costs for the decorative pavilions on the bridge. Here is the cost estimate prepared by Chris Jain in 2002. Pam -----Origina1 Message----- From: KjainOO01@ao1.com [mailto:KjainOO01@ao1.com] Sent: Monday, January 14, 2002 10:00 AM To: bobpetersen@colliergov.net; PamLulich@colliergov.net Subject: Bayshore Bridge Beautification-Cost Analysis study Bob/ Pam: As requested by you, forwarding the cost estimate spread sheet file "Cstanl1" as an attachment. It is in Microsoft Excel 2000 format Have made the following corrections: 1. Div 1. Deleted SFLWM permit cost 2. Div 2. Reduced traffic control rental time from 7 to 6 mo. 3. Div 2. Corrected oversight error of Pre-auger pile cost in A1t #1 by deleting $2000. 4. Div 2. Deleted cost of Planting & Irrigation completely. 5. Div 7. Deleted cost of replacing bridge expo joint. (Present joint has deteriorated and is falling apart. May want to pay for it some other way) 6. Div 9. Deleted Painting metal guard rail as requested by Bill Neal. Revised A1t #1 cost comes to $314,441. 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Advisory Committee 2185 Horseshoe Drive South Naples FL 34104 February 8, 2006 Minutes I. The meeting was called to order by Chainnan Bill Neal at 4:02 P.M. II. ATTENDANCE: Members: Bil Neal, Tom Rnn, Victor Brittan, Raymond PeRine, Maurice Gutierrez (4:10 PM) County: Danyl Richard-Project Mgr., Diane Aagg-A TM Director Others: David Jackson-CRA Director, Aaron Gross-Ground Zero, Gail Boorman- A. Gal Boorman & Assoc., Sue Chapin-Manpower Services III. APPROVAL OF AGENDA - After Approval of Minutes - a presentation by Gail Boorman. Add Banners to VI. "F" Banner Alms and Report by David Jackson atter Gail's presentation. Ray Perrine moved to approve the Agenda as amended. Second by Victor Brittan. Carried unanimously 4-0. IV. APPROVAL OF MINUTES: January 9, 2006 Victor Brittan moved to approve the January 9, 2006 Minutes. Second by Ray Perrine. Carried unanimously 4-0. Tom Finn moved to approve the Minutes of their Special Meeting January 26, 2006. Second by V'lCtor Brittan. Carried unanimously 4-0. (Maurice Gutierrez arrived at 4:10 PM) PRESENTAnON BY GAIL BOORMAN & ASSOC. 0 Gave an introduction of her firm and herself 0 She is responsible for an Design woft( 0 Reviewed many past projects that have been done by her firm 0 Gave design Goals and Objectives for Bayshore MSTU area Discussion followed by Committee. Darryl mentioned the project is more involved than just a concept. Scope of Services will be put together by Darryl and David Jackson. Tom Finn will work with them as a 'Working Group.- The Committee does not need to get 3 proposals for a Consultant. David Jackson gave a summary of the last eRA meeting. 0 A decision had been made to pave an dirt roads in the Bayshore and CRA area. 0 He discussed the different developments they are wortdng with on streetscapes and purchasing parcels of vacant land for mixed lIVfl~s. 0 WiD be partnering with the MSTU on Designing .. 0 They will be buying distressed, sub--standard and health-hazargdl?perties for urban renewal. . Item#: 1 Copies to: .-.-..- ~ --~.,~- -_._-~,.~- -"" 161 . 1 ~ 0 Gave out $40,000 for home and commercial improvement grants, V. LANDSCAPE MAINTENANCE REPORT: A. Ground Zero - Aaron Gross 0 Will finish fertilizing in 2 weeks 0 Mulching 0 Holes from root balls from trees taken out from Hurricane need to be addressed. 0 Fill in the holes - but find out ROW first. Vic Brittan moved to hire someone to repair pavers. Second by Ray Penine. Carried unanimously 6-0. B. Update on Irrigation Clock - Work Order for E. B. Simmonds to revamp the clock. It will be updated, VI. TRANSPORTATION SERVICES REPORT: A. Budget - Tessie Sillery Darryl distributed the Budget in Tessie's absence. (Attached) Darryl will get an explanation of the $2,750 for "Other Departments.... ... the Committee isn't aware of any "other" Departments that may be doing work for them. B. Insurance coverage from the County concerning Hurricane Wilma - Darryl Darryl explained they put in for Wilma reimbursement from FEMA, C. Suggestions from Bob Petersen on tree replacements - Darryl The Committee had asked about replacing the palms from Bayshore and 41 to the Shopping Center & keeping consistency in the area. Bob Petersen and Darryl will inspect the area and trees and report at the next meeting. D. Consultant for Effluent Water Project - Darryl Have 2 proposals - (Boorman & McGee). Diane mentioned she is working with Director of Utilities and Bayshore is still at the top of the list for Effluent. Scope of Services will be addressed, E. Update on location where Grant Funds will be used - after they have a consultant the consultant will help decide on where the Grant Funds should be distributed, Discussion followed on a Consultant. This is a small project and not many responses were received. The Committee does not need to go through a bidding process and favored hiring Gail Boorman & Assoc. F. Banner Arms - and Banners. Darryl The Committee will wait for a recommendation from the Consultant. G. Brick Pavers vs. Stamped Concrete Specs - Darryl After discussing the two, it was decided to go with brick and will be in the Consultant's study. Ray Perrine moved to contract with A. Gail Boorman & Assoc. for their consultant and to coordinate with the CRA. Second by Tom Finn. Carried unanimously 6-0. VII. OLD BUSINESS: A. Review of Phase 11- this had been done at their Special Meeting. 2 "C_",.'_ ^ .........-...... ..------~ 16' 1 VIII. NEW BUSINESS: None IX. PUBLIC COMMENTS: - Committee was asked by Vie to look at the street signs on Thomasson as they may tie in with the Bayshore idea. - Many sidewalks on Bayshore have gaps and are in need of repair. Darryl will get a list and address, A copy of the "Bayshore Drive Haldeman Creek Bridge" concept dated 9-1-99 was distributed. (Attached) Being no further business to come before the Committee, the meeting adjourned b the Chairman at &:20 PM. The next meeting is Wednesday, March 8, 2006, 4:00 PM. Collier County Transportation BuildinglEast Conference Room 2885 Horseshoe Drive South Naples, FL 34104 3 -- ..~._"._. TV" 16'1. ; BavtAot. BMMIIIUIlIOIt AU.7.a Advisory Committee 2185 Horseshoe Drive South Naples FL 34104 February 8, 2006 Aaenda I. CALL MEEnNG TO ORDER II. ATTENDANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: February 8.2006 V. LANDSCAPE MAINTENANCE REPORT: A. Ground Zero - Aaron Gross B. Update on Irrigation Clock - Dar1}l VI. TRANSPORTATION SERVICES REPORT: A. Budget - Tessie Smery B. Effluent Water Project - Darryl VII. OLD BUSINESS: A. Update on Consultant 1. Tree Replacement 2. Grant Funds 3. Banners & Banner Anns 4. Brick Pavers VIII. NEW BUSINESS: IX. PUBLIC COMMENTS: X. ADJOURNMENT The next meeting is Wednesday, April 12, 2006,4:00 PM. 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U'l00 ~ 0 ~m . ?~~?~!=':"'"!D~?~:"'"?!>> . , ~ ! _ ~ ~(j ~ goo g~~~ w ;:;;:; ~ $~I ~ :c~~~ ; ; ~1l5181~1,;lm~lllll; hi;g~('g/! "'"~'--'_.~'''-'- - ---.. Bayshore Beautification MSTU 161 1 " . Monthly Activity February Meeting Report Title Sub- Title Amount Mulch Forestry Resources 1,509.20 Total 1,509.20 Emera.- Wilma Ground Zero - $16,459.00 Other Contractual Ground Zero - Basic Maint. - $5,820.65 Total $22,279.65 Other Misc. Services Mancan, Inc. $240.50 Other Misc. Services Mancan, Inc. $208.05 Total $448.55 Sprinkler Syst. Maint. John Deere $16.96 Sprinkler Syst. Maint. John Deere $53.81 Sprinkler Syst. Maint. John Deere $106.54 Sprinkler Syst. Maint. John Deere $6.12 Total $183.43 Electricity FP&L -Bavshore entry liahts $21.17 Electricity FP&L -Bavshore entry liahts $8.97 Electricity FP&L -Irriaation meter $8.46 Electricity FP&L -Bavshore entry liahts $21.17 Electricity FP&L -Irrigation meter $8.46 Electricity FP&L -Irrigation meter 18.46 Total $76.69 Totallnv. 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QI (3-- oa :.::: .cl-< '-' ...J -- ll..o.. - ""2f j~ ~ M~ ~ ""':) I F-' ~~ ~..::: - ~.o - ll..~ 0 t\ ~~ ~ ~~ i I \ \ \ \ \ \ \ \ \ ~ & ~ r1 I, ~ 0 U I' (b \ /~ -- C'~ ~~I f .C GJ s ~{J~ "i;" Q ~ CU ~ j I - ~s II') 'I""! =~ -< ~---~-- -- ~~~'- - 16 11 i i ; I: , ! , I I ! I ~ Ii f/ 1/ (I (/ ;; \ V '"\,. \ " II i; jl' , ' ", , f . :,!' "", "',,, ;, I I' i , , i'r'l ", ' I. .\:~ \ ~' \: \, '\ '.\~, lil ~ "\ r.., _ k \ V . ~\ \'~~~ \ \~~ I'. ~ ' " ';;, 'I', ~ ';! "~~ ~ \ Ur:nO ", ~~i ~~8 O~~ ~~~ S=~8 -----~._- --- ~'--" -,t. , 16 I 11<;.. - . December 15, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, December 15, 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 Robert Vigliotti Russell Tuff ALSO PRESENT: Joseph Schmitt, Community Development Administrator Ray Bellows, Zoning Department Marjorie Student-Stirling, Assistant County Attorney Page 1 "-"-"'-"-"-'"">"'~>.~ ......... -'." H_'_" _...._---~_..._,--~._,-_.,',. . ,,,.".,, - ~, 16 1:1- . " j,. December 15, 2aOS CHAIRMAN STRAIN: Okay. It's 8:30. Let's start the meeting. Rise for the pledge of allegiance, please. (Pledge of allegiance recited in unison.) CHAIRMAN STRAIN: Thank you. Madam Secretary, would you please do the roll call. COMMISSIONER CARON: Mr. Schiffer. COMMISSIONER SCHIFFER: I'm here. COMMISSIONER CARON: Mr. Midney is not here. Ms. Caron is. Mr. Strain. CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Adelstein. COMMISSIONER ADELSTEIN: Here. COMMISSIONER CARON: Mr. Murray. COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Vigliotti is absent. And Mr. Tuff. COMMISSIONER TUFF: Is here. CHAIRMAN STRAIN: Wow. We made it. Addenda to the agenda, we have a cancellation in the Petition B -- Item B, Petition BUDZA 2004-AR-6417, the Benderson rezone, 1-75 Alligator Alley from PUD to commercial planned unit development has been again continued. Do we have a date that we have continued it to, Ray? MR. BELLOWS: Yes. Petitioner's requested it be continued to January 19th. CHAIRMAN STRAIN: Okay. Is there any other addenda to the agenda? COMMISSIONER SCHIFFER: Something, Mark, on new business. The thing you handed out showing all the legislation for the Planning Commission. Can we talk about that in new business? (Commissioner Midney enters meeting.) CHAIRMAN STRAIN: Sure. We're going to probably have the time so that'll work just fine. The booklet that I had passed out last -- COMMISSIONER MURRAY: Oh, okay. CHAIRMAN STRAIN: We're going to just discuss that at the meeting. COMMISSIONER ADELSTEIN: Nineteenth? CHAIRMAN STRAIN: No. We're going to discuss it at today's new business. Brad had something he wanted to talk about on that regard. Hearing no other addenda to the agenda, we'll move on to the Planning Commission absences. The biggest issue we have coming up is next Tuesday. We have the AUIR review. You should have all received your books yesterday. And, by the way, let the record show Mr. Midney's here. Is anybody in this particular meeting today not going to be present next Tuesday? COMMISSIONER SCHIFFER: And it starts at nine o'clock, Mark? CHAIRMAN STRAIN: It starts at nine. It could be a two-day meeting at the rate of what I've seen aheady. So who knows. It'll start at nine and we'll just go from there. As far as January -- COMMISSIONER ADELSTEIN: I will not be here. CHAIRMAN STRAIN: In January at all? COMMISSIONER ADELSTEIN: No. I have a doctor's appointment on Tuesday. CHAIRMAN STRAIN: On Tuesday. Okay. Mr. Adelstein won't be here during-- COMMISSIONER MIDNEY: On Tuesday I'll be here late. CHAIRMAN STRAIN: Okay. Page 2 t t 16 I~ lil'k .. ."\1'. 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: q\:: r;,XEO " \;",..~" ~ ,""... tUOG 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 "1"")\\lIty C,Vl\I1.\\S;;lonel MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. HmW. (,..A 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. , ~ Fiala 1. PLEDGE OF ALLEGIANCE Halas Henning 2. ROLL CALL BY CLERK Coyle Coletta 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. (CoOl:dinator: Carolina Valera) MISC. COrn!s: Date: ()~ -l t-D to 1 Item#:~ Copies to: <' '_H___ . --~._._,~ _..~,";~,..-_,-",--, .... --...,." t,... -- 16 11 ,.. - - C. Petition: V A-2005-AR-8693, Eberhard Thiermann, represented by Richard D. Yovanovich, of Goodlette, Coleman, & Johnson, P.A., is requesting a variance from the required to-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 HEARlNG 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 II. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN , 2-16-06/CCPC AgendaIRB/sp 2 I;. . , 16)1. .J.. December 15, 200 COMMISSIONER ADELSTEIN: If you don't mind, I'll come in late on Tuesday. CHAIRMAN STRAIN: Yeah. Well, if you have to come in on crutches, we'll still take you. COMMISSIONER ADELSTEIN: I'll walk. CHAIRMAN STRAIN: Okay. So next Tuesday we have a quorum. As fai'as the fIrst or second-- fIrst and second meeting in January, does anybody have concerns about that? It'd be. tlie first Thursday and second -- third. I'm sorry. (No response.) CHAIRMAN STRAIN: Okay. Approval of minutes from November 3rd, 2005. Is there amotion? COMMISSIONER MURRAY: I'll make a motion to approve the minutes. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Motion's been made and seconded. Any discussion? (No response.) CHAIRMAN STRAIN: Hearing none, 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 opposed? (No response.) CHAIRMAN STRAIN: Okay. Ray, the BCC recaps November 29th. MR. BELLOWS: Yeah. The board -- motion for denial for the rezone for Brianna Breeze was supported by a vote of5 to O. The board also -- the Board of Zoning Appeals approved three variances. The Koller variance was approved 5 to O. The Hall variance was approved 4 to 1. And the Forner variance was approved 3 to 2. And there was also a rezone for the Manchester Square PUD. That was approved 5 to O. And on the summary agenda the board approved the unifIed development plan or UDP for Benderson. And that was approved on the summary. CHAIRMAN STRAIN: UDP for Benderson. MR. BELLOWS: Yeah. That's that triangle parcel where the board -- it only goes to the board. It's a -- COMMISSIONER MURRAY: You did not see that -- CHAIRMAN STRAIN: Okay. Well, that's what I was wondering. COMMISSIONER MURRAY: Yeah. Cause we-- CHAIRMAN STRAIN: Okay. I couldn't fIgure out why you mentioned it. It sounds like the Benderson we continued today, so that's why I was -- MR. BELLOWS: No. No. This was a separate one. It's a conceptual site plan that-- CHAIRMAN STRAIN: Ok~. MR. BELLOWS: This particular one required board approval. CHAIRMAN STRAIN: Okay. Chairman's report, a couple of items. First of all, for a while this panel did not have court reporting and we got into the habit of the chairman swearing people in. Ms. Ford very nicely reminded us last month or last -- two times ago that that's something the court reporter does and can do and for the BCC I believe the court reporter does it. That's a tradition I would like to go back to and continue with from here on out. So, Ms. Ford, if you don't mind today and let your colleagues know that as far as I'm concerned, Page 3 " '_'""."",,~_,"_~"".,._~o.. - '--'--"'-'""-"'- ~_. ....., '\ 1611 I .... . December 15, 2005 then I'm -- as chairman I'll let that continue from here on out of you guys doing it. So thank you. Ray, do you have any contact with the Municode web site to find out when the tables are going to be on the web site because it is kind of inconvenient to want to know the zoning and what things are allowed in each category but you have no way of doing it on site -- online anymore. MR. BELLOWS: Yes. And we are working on it and there seems to be glitch that Catherine is working with municipal code and we'll hopefully get that resolved. We're also in the meantime trying to get you paper copies. CHAIRMAN STRAIN: Okay. I mean, the paper copies aren't critical if we could have the electronic version. MR. BELLOWS: It should be able to -- CHAIRMAN STRAIN: If you're going to give us paper copies, you're going to have to keep them updated because that's what we're going to have to rely upon so... MR. BELLOWS: Yeah. I thought it was just in the meantime until we get the glitch repaired on the computer. COMMISSIONER SCHIFFER: And, Mark, on that same thing, the -- the illustrations on Municode, they're really done like on a -- like a bit map system. It's very difficult to print. It's very difficult to reduce to one page and stuff. So ask if they -- there's something they can do about the illustrations that they would -- like a J pay would automatically adjust to whatever page size you're working with. CHAIRMAN STRAIN: Of course that may be by design. If you can't get it printed, you may have to buy the whole book from them so... COMMISSIONER SCHIFFER: Right. CHAIRMAN STRAIN: Maybe reasoning to their madness. Ray, last meeting I asked you to look into CD Plus as far as getting summary printout sheets to us as to where staff stands at the time our packages are disbursed on each particular item because we have had issues come before us where the CD Plus results are different than the results being presented to us. MR. BELLOWS: Yeah. I discussed this with Susan Murray, the zoning director, and there was concern raised that some of the comments in CD Plus are -- are general comments that are being resolved and sometimes verbally and not always reflected in the latest updates. And if you were just looking at some of the comments in CD Plus without knowing the entire history, that may not be updated or reflected in the comments, that may generate confusion. And so it was our opinion that it would not be wise to pull out those things out of context. The staff report is designed to reflect the latest in staffs' comments in this regard. And that it would be more -- cause more problems if we were to attach comments that may not always be updated or reflected to get to the point where the staff report is. CHAIRMAN STRAIN: Is CD Plus a public record? MR. BELLOWS: I believe it is. CHAIRMAN STRAIN: Okay. So do you want me to submit a request for public information every time I want a copy of it? How would I go about doing it? I understand what you just said, but I understand also that is not the case that comes before us. I know, in fact, that many times the transportation department has not looked at some of the things as thoroughly as they come before us and disagreed with the staff report. But you'll find it in CD Plus. You won't find it in the staff report. I've asked the county attorney at different times if they reviewed things ahead of time. I haven't gotten there -- I've gotten the response they're reviewing them here at the meeting. I'd like to know who has actually sunk their teeth into this thing and looked at it and commented on it ahead of time. I didn't think that was an unreasonable request since it's a public record anyway and since it's readily available from your office. Page 4 ", ~. 1611 -.' ,. December 15,2005 If you want to give me an e-mail address or a web site address where CD Plus can be brought up on my computer, I'll accept that. But I think we have every right to see that additional information. So if you want to gurgitate a little bit, ifthere's a reason why we are being -- that's a refused issue, I'd like to certainly know it. MR. SCHMITT: Well, can I -- I'd just like to discuss this for a minute because I just -- I understand your concerns, Mr. Chairman, but staff does its work through staff business. The summary -- the -- the report that you get is a consolidation and a final determination made by staff. I somewhat am led to believe now that what you want to do is review CD Plus comments and -- and -- and verify whether or not staff is doing its job. And I question, isn't that well beyond the scope of this board? CHAIRMAN STRAIN: Well, first of all, that wasn't anything to do with verification. It was trying to understand better how we got to a certain point. I understand the staff does things and provides a report to us. I see no reason why we can't understand the process to get there. And in doing so, we might be able to find other issues that are of more interest to us that may not have been interesting to staff. There's no reason why full disclosure should be avoided in this hearing at all. So I don't know why it's such a concern. MR. SCHMITT: I have no problem with it. But when you make -- cite an example of transportation, everybody signs off on a project in CD Plus before it goes forward. Now, if you want to kind of peel back the onion and say, Gee, why did transportation approve this in April and then we're before you in October and all of a sudden they're raising issues, I understand that. But to what point does that get you in regards to reviewing what's in front of you? All -- all we're doing is -- is -- is spending time debating what staff and staff did not do and really not what's in the reports. So I'm trying to understand. I could certainly give you the information, but do we want to go down that road every time we're -- we -- we -- we -- we have that issue in front of you in regards to zoning? Because your charter, as you well know, is -- is basically and ultimately to make a recommendation to the board based on is -- is the rezoning consistent with the comprehensive plan. Those -- a lot oftimes those comments -- and absolutely. Everything is done. Now, the county attorney normally does not sign off in CD Plus. They -- they -- they sign off normally in the -- in the review process. Because it's -- it's similar to what we have. We have a different process for the Board of County Commissioners and it's called Novis Agenda. And everybody approves that electronically through -- through the Novis Agenda process. I -- I'm just trying to figure out, we certainly can provide that, but I'm just trying to figure out how -- how in depth -- what -- what -- what are you looking for as far as in depth? I understand-- CHAIRMAN STRAIN: I just -- it doesn't -- I don't think it's a matter oflooking for anything. It's a way to understand how the particular projects came through the process, ifthere are any issues in there that I was -- for me as a planning commissioner or anyone of us might have been interested in that we might be able to look back at CD Plus and how it got to a certain point. That will either help us in understanding it better so we don't have to ask so many questions or it might raise more questions. But either way it'll be vetted in the public process and I don't see anything wrong with that. Any option -- MR. SCHMITT: Well, I don't either. Then it tells me we're not giving you something in the staff summary report that you're not getting. Because the staffs -- the staff report is a -- a consolidated staff response. And -- and -- and that's -- that -- that staff report is approved by the staff. It's -- it's -- it's reviewed by the county attorney before it's sent out. And I guess I got -- I'm trying to understand what is it we're not providing you. The CD Plus is going to be a -- a -- nothing more than a list of comments that were made based on the 18 or 20 review areas that were reviewed during the rezoning petition, variance or whatever. And-- and whether it's utilities, transportation, storm water and -- and it's a history. Of course, you're well aware Page 5 -,.._~-"" . .. II ... ~~~,-,~""._,.".....,-~-,-",._,~,,;~ _._......_;~,..,-".... _~~,_.___'M ,; . 16'1 .:' ., . .... December 15,2005 of what -- what you get and it's a history of comments, rejections, corrections. Are you looking for the entire list of -- of historical documentation that outlines the review process? CHAIRMAN STRAIN: Just the summary. Just the last portion of it that comes up after you've gone through your first or second review prior to the final submission of the staff report. Joe, I honestly don't -- I didn't think this was a problem. I thought that anything that we would have requested that would help us understand better would be a benefit to you guys as to how you got there. So I'm a little surprised that there's resistance to it. MR. SCHMITT: It's -- it's not a problem. It's just -- it's not a problem giving you the information. We're certainly-- CHAIRMAN STRAIN: Okay. Then we're already there. MR. SCHMITT: It's a matter of now putting -- adding that -- you want that added to the staff summary as an -- as an addendum to the staff summary? CHAIRMAN STRAIN: You give us a package. Just add it to the pages in the package. Or just give -- if you could supply us with an address, a web site address, we can tie into it. That would be fme. I mean, that way if we have additional questions and we want to do additional research, we've got an avenue to look at it. I don't know what would be wrong with that. COMMISSIONER SCHIFFER: And, Joe, during the planning process -- review process, aren't the comments available to the applicant? MR. SCHMITT: Yes. COMMISSIONER SCHIFFER: I think what Mark just wants is to look in that same window. MR. SCHMITT: Yes, I understand. I-- COMMISSIONER CARON: And that can be done online; correct? MR. SCHMITT: Yeah. That can be done online. I can provide you that. I -- and it's not a matter of providing it. I'm just trying to understand during the public review process -- CHAIRMAN STRAIN: But see under your -- MR. SCHMITT: I've somehow now got the feeling that we're not giving -- we're not providing you something that in a -- because the staff report is a consolidated report that basically synthesizes and summarizes the entire staff process. COMMISSIONER SCHIFFER: But if Mark's curiosity goes beyond that, let's honor it. CHAIRMAN STRAIN: See-- MR. BELLOWS: I just wanted as -- for the record, Ray Bellows. I just want to remind you that there -- the CD Plus comments may generate meetings where issues are discussed more thoroughly and resolved it. But those -- information's not updated in CD Plus, so you're not getting the full results of discussions under a first inquiry noted in CD Plus. And that could cause a lot of misdirection in -- in your review time. CHAIRMAN STRAIN: Well, it might cause a question at a public meeting that could get answers out and the public could understand it better. It might help the rest ofthis board understand how something evolved as well. I mean, I'm going to get the CD Plus one way or another. You guys can argue against it, but I'm going to ask for it. We have a right under the ordinances that puts this board into place to ask for additional studies. Developmental services is the staff of this planning commission. I'm asking for the report. So why don't we just report. It's real simple. Okay. With that I have no other comments under chairman's report and we'll go into advertised public hearings. The first petition is CU-2003-AR-4647. Michael D. House represented by Donald J. Murray and it's on Jan's Trams, I believe the name of the project is called. Ms. Ford, you want to swear the individuals in. (Speakers were duly sworn.) Page 6 ,.. i 1614 . '. I, _ ' ...... . December 15, 2005 MS. STUDENT-STIRLING: Ex -- ex parte disclosures. CHAIRMAN STRAIN: Anybody in this board have any discussions with anybody concerning this project? (No response.) CHAIRMAN STRAIN: Thank you. " MR. ANDREA: Good morning. I'm Robert Andrea of Coastal Engineering. I'm representing Mitch House of Jan's Trams. We're requesting a conditional use for an ecotourist facility in an agricultural area of critical state concern with a special treatment overlay. This property is located approximately three-quarters of a mile west of State Road 29 along US 41. From the last meeting we had questions of parking. We did increase the parking. We've now gone -- gone to eleven spaces. And the way we got there was this use was not really listed in the LDC so we had to go to the next similar use. And we picked through help of staff a public assembly area not otherwise listed in the tables of the LDC. And with the buses that we are using and the boats we are using, they hold a capacity of30 people. So we picked the -- the one spot for every three seats which equates to ten spots and we have provided eleven. CHAIRMAN STRAIN: Is that your -- are you looking for questions now? MR. ANDREA: Yeah. If that's satisfactory. CHAIRMAN STRAIN: That's as far as you're going with your presentation and if that is, that's fine. I just want to make sure I don't interrupt you. MR. ANDREA: Yeah. No. That was the only issue I had outstanding so... CHAIRMAN STRAIN: Okay. Other questions from the Planning Commission? Mr. Schiffer. COMMISSIONER SCHIFFER: The -- go to the conditions. Do you have Exhibit D in front of you? MR. ANDREA: Yes. COMMISSIONER SCHIFFER: The way that Item 5 is worded it appears that could have essentially 120 seats in action at the same time. Can we -- if you want to use the count you just gave and you're claiming that each of these boats are 30 -- either the bus or the boat, 30 is the maximum seats in it, you're only going to be able to operate one at a time. MR. ANDREA: Yes. Actually, that is the intent. The other two vehicles were basically going as backup. COMMISSIONER SCHIFFER: Or the other three vehicles in this case because there's -- MR. ANDREA: Right. Right. Each tour will run at one time. There will first be a tour of the -- of the bus of the tram and then those people will be transferred to the boat and they'll be taken on the boat. COMMISSIONER SCHIFFER: Okay. MR. ANDREA: So there'll only be 30 people at one time. COMMISSIONER SCHIFFER: Okay. So could we reword five to make that clear? The way five is written now, you could have 120 people. MR. ANDREA: Yeah. The way it's written there, but that's -- that's not our intent. Our intent is to only run one at a time. COMMISSIONER SCHIFFER: So can we put that in there somehow? MR. ANDREA: Sure. Absolutely. CHAIRMAN STRAIN: Have you ever been to Disneyland? MR. ANDREA: Yes. CHAIRMAN STRAIN: They have rides there and put people on these gondolas and things and after one set of people is on, by the time they're at the end, there's more people already on behind them. And I think the problem that I see here is that if you have people getting off one item onto the second, it Page 7 ""---~."--"'~"-'" ""'-'-'-"'''~'''''"'''--'-'-~-'--"._''''-~-----''''.'-'''''''''"'"'--'' ....,-~......-.,_.....,.,,-.,....._~-_."""'., ~ -,--. ,'" 16 11 " ~i ~. December 15, 2005 .... wouldn't be abnormal to want to go start another group on the first item so that you can keep the rotation going and actually generate more revenue and have more people flow through the facility. Are you planning on doing anything like that? MR. ANDREA: I'm sorry. Repeat that again. CHAIRMAN STRAIN: If you've got a swamp buggy and a pontoon boat and the first level of involvement is the swamp buggy, the people that are on the buggy, 30 of those people get off and they go into the pontoon boat for the second course of the event, while they're on the pontoon boat in a different part of the facility, will then you be bringing people in under the -- and start moving them into the swamp buggy so that they're ready to go onto the pontoon boat when the next -- when the first group gets off of that so you can keep rotating? MR. ANDREA: No. We did not have concessions for that. The -- the bus driver's going to also be the boat driver. CHAIRMAN STRAIN: Okay. So you're going to -- when staff gets up here, we're going to have to ask how they can regulate this. If you're required to have seating for 120 people but you're committing to only use 30 at a time, I'm kind of curious to see how that's going to be regulated. Ms. Caron -- or, Mr. Murray, you were first. Did you have a question? COMMISSIONER MURRAY: Well, I -- it was the same question, Mr. Chairman. I'm -- I'm befuddled. You have two -- two backups for -- for -- for and acknowledged 30 people and it just seems odd. From a business point of view, it seems that you'd want to take as many people as you could. So I would imagine that in the future, although your plans today may not be within your package there to do this, what the chairman has indicated is what went through my mind too. If -- if you had that many people coming and they wanted to benefit from the amenity, it would not be logical for you to accommodate that. And I just think if that's the case, then we ought to be out front about it and have that clear. Otherwise, it seems it might be recommended that we constrain you to doing that and, therefore, limit your business plan. So I strongly recommend you review that thought before you proceed. CHAIRMAN STRAIN: Ms. Caron. COMMISSIONER CARON: Yeah. I think -- excuse me. I think the board misses the entire point here even getting into a discussion of their parking. Clearly this proposal does not meet the requirements of the growth management plan. And we should stick to that discussion and we should not be recommending to the BCC to go against their growth management plan. This applicant cannot provide the conservation easement which is required and we should get back on point and discuss the growth management plan issue. CHAIRMAN STRAIN: Thank you, Ms. Caron. Mr. Adelstein. COMMISSIONER ADELSTEIN: Are you saying that if! want to come with my wife and my children to this place I can't drive in? I mean, I have to get on the bus to get in? Can I drive my car in and park it at the site? CHAIRMAN STRAIN: The buses are part of the tour. COMMISSIONER ADELSTEIN: I understand that. MR. ANDREA: Yeah, you can -- MR. HOUSE: Mitch House here. Just to -- just to clarify things. We have other businesses which are tourist based out there such as air boats. We have a portion of our people who also want to get out and do something that's a little slower, go out through the grassland stop. Look around. Not just doing air boat tours. This is not a stand-alone business. We're not trying to push this solely to make it stand on its own two feet. This is an addition to another business which is there. And we have a few people who want to do Page 8 ,. DeCember15,!O~ , 1 i ., . this. We're not out trying to make it a stand-alone business to just draw people to this. This is an addition to the air boat tours so the people want to do a little longer tour, come in. Do the air boat tour. They want to go a little slower. Actually get to slow down and look at things a little finer and go into a tour. There's not going to be a lot. There's not a high demand. It's something that's just -- COMMISSIONER ADELSTEIN: That's not the question. You're not answering the question I asked. MR. HOUSE: Okay. COMMISSIONER ADELSTEIN: Can I drive my car with my family and bring it inside -- MR. HOUSE: You could. COMMISSIONER ADELSTEIN: -- to your area? MR. HOUSE: You could. COMMISSIONER ADELSTEIN: I can't -- I mean, I will be able to do that? MR. HOUSE: Yes, sir. But the boat's only going to leave about three times a day. And we're not trying to push an every-hour-on-the-hour thing. We're not into that. The people do not exist there. So if you was to drive in, you may have to wait an hour, hour and a half. COMMISSIONER ADELSTEIN: No. What I'm trying to say is, ifpeople are able to do that, will there be enough parking spaces for me to put my car? MR. HOUSE: Should be. MR. ANDREA: Yes, there will be. CHAIRMAN STRAIN: Staff, I'm sure, will comment on that issue when they get their turn to speak. The other thing, Mr. -- oh, I'm sorry, Mr. Midney. COMMISSIONER MIDNEY: Oh, I'm sorry. Last week there was discussion about that people could park on the grass in case there was overflow parking needed. I didn't hear you mention that today. What do you have to say with -- with regard to that that we were talking about last time? MR. ANDREA: Well, what we did is -- is we added a couple spaces along the right side of the -- the bank there. And if need be we do have some extra area for three or four more spaces north of the spaces I put on the right side of the property. COMMISSIONER MIDNEY: So there's not going to be just parking on the -- the grassy area of the berm like we were talking about last meeting? MR. ANDREA: Well, it's actually -- it's -- it's the lime rock based road that is there. It's the grassy area. We can park the extras along that bank as far as we can without impeding into the road. COMMISSIONER MIDNEY: So we were talking last week that there might be room for as many as 500 cars. And, obviously, probably you're not expecting that many people, but you're saying that there's not really a problem with parking. That in case those 11 places are used, that people can park on the lime rock -- lime rock road without getting in anybody's way? MR. ANDREA: Yeah. Based on Mitch's estimation of clientele coming into there, I don't thing that that's going to be needed. It's -- it's not going to be a high-volume business. COMMISSIONER MIDNEY: Thank you. And a follow up to Ms. Caron's question, you still-- is there any possibility that a conservation easement could expire with the lease, you know, instead of it? Because I understand the landowner does not want a permanent conservation easement on this land in case this business ends and then they'll sort of be stuck with this easement even though that -- that business is finished. Is there any possibility of a conservation easement that is dependent on the lease? MR. ANDREA: That's what our wish is. As far as the legalities of it, I'd have to defer to the client's attorney. MR. BASS: Yeah. Hi. Ray Bass again here. I'm the lawyer representing Mr. House. The answer to the question is that's what we always offered and that's -- that's absolutely what we will be getting to Page 9 ~"^"-""~"'" ~ R ........,__..___,.~_...'m..."w~_'"^ __". ____","",.._..._.,.~,~"M__ " 1611- tr .. 'WI December 15,2005 comply with what we think is an appropriate compliance with the growth management -- Growth Management Act and that is a permanent conservation easement within the easement -- within the lease -- permanent conservation easement within the lease. That's correct. Which would obviously expire with the lease. COMMISSIONER MIDNEY: Thank you. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: Yeah. For the engineer, is there the ability -- these cars that are parked parallel, how will they turnaround to get out? MR. ANDREA: We believe with the -- with the 24-foot road and the extra space, there's adequate room to -- to turnaround there. COMMISSIONER SCHIFFER: Ifthey drive on, what would happen to them if they head down the Carnestown Road, is there a turnaround down there by the station or -- MR. ANDREA: No. The point is to not to let -- not to let private vehicles down that -- that -- the area that you see here. COMMISSIONER SCHIFFER: Okay. So the situation falls if there's -- a 12th car shows up, it's starting to park along side the lime rock road, you're saying you can get a couple more cars on there. We had testimony last time that we could get, like Paul said, 500 cars down that road. If people line that road, how will they back out? MR. ANDREA: That would -- that was -- there is a 60-foot -- 60-foot-road easement along that area, but there is not 60 feet of -- COMMISSIONER SCHIFFER: But the top bank: -- the top of the bank: is nowhere near 60 feet. MR. ANDREA: Correct. So we will not have the space to -- to get them up there when we don't want them up on the north side. Basically any -- any extra cars will have to come back to the site. COMMISSIONER SCHIFFER: Or accidentally stop up on Tamiami Trail. Is there a place where they could start stacking out there by mistake or -- MR. ANDREA: There's really not going to be any extra space to stack them up. COMMISSIONER SCHIFFER: Just a minute ago somebody testified that this is in addition to additional businesses. Are these businesses there now? MR. ANDREA: Yes. COMMISSIONER SCHIFFER: What -- what's there now? MR. ANDREA: Mr. -- Mr. House has an air boat tour in the area. CHAIRMAN STRAIN: Well, it's across the street, isn't it? MR. ANDREA: I believe it is. CHAIRMAN STRAIN: Yeah. It's on the south side of US 41 across the street. COMMISSIONER SCHIFFER: Not on this site? MR. ANDREA: Correct. COMMISSIONER SCHIFFER: All right. Thank you. CHAIRMAN STRAIN: Here the lease on this property only has 18 months left on it. You're going through this effort for 18 months? MR. BASS: The answer to that question, Mr. Strain, is no. Mr. House has had this property under lease for a number of years. They -- they have a long-term working relationship and business relationship with Collier Enterprises. And whenever they've asked to have the lease renewed, they have renewed it. I know what the -- I think probably I can tell you, I think I inadvertently represented to you last -- last meeting that there was a five-year renewal on this. That was my mistake. But, yeah, the literal terms of the lease do expire since there's no extension for renewal on the lease. But, Mr. House, how long have you had this under lease, fifteen years under lease, same kind of lease. Page 10 ~. December ~,~J 1. ...... In anticipation of this question coming up because the county -- the assistant county -- assistant county attorney and I had a discussion about this earlier this week, you know, we have contacted Collier Enterprises to ask them if they would, just to satisfy the concerns of the commission, to give us language and an addendum that would give us a five-year renewal on it and all that. But the short answer -- that's the long answer. The short answer to your question is yes, because Mr. House has no doubt about his -- his personal and business relations with the landlord that they will give him another lease. CHAIRMAN STRAIN: But as far as today goes, your lease expires in 18 -- about 18 months? MR. BASS: That is correct. CHAIRMAN STRAIN: Okay. Your lease also requires you to be basically subordinate to the rules, laws, regulations and permitting issues involving Collier County and local, state and federal agencies. I'm wondering how that condition fits with what you're trying to do here today in regards to the inconsistency with the GMP. MR. BASS: Well, the lease doesn't need -- does not need to require that. That would be the case in any event, any -- any lessee of that property would take it subject to all of the things that you just mentioned regardless ofthe language of the lease. And you're asking, how does it square with the -- with the question about the permanent conservation easement, we have been talking with the assistant county attorney about that for -- on and off for three years. This is not a new issue. They have one view. We have another. Ultimately we think it's going to have to be decided on by the Board of County Commissioners. And so we're asking that if we otherwise meet with your approval to pass along with that as a condition that -- that -- this is a legal issue and has to be resolved by them. CHAIRMAN STRAIN: Well, then maybe the county attorney can enlighten us on her thoughts on this matter. MS. STUDENT-STIRLING: Thank you. For the record, Margie Student-Stirling, Assistant County Attorney. The comprehensive plan does require a permanent conservation easement. And as you stated, the lease would be true, whether it stated it or not, that they have to comply with the rules and regulations of the local government. We did in our office do some research and there are no cases really on this point, but we did find out some information just resorting to a black letter law in Florida Jurisprudence and Am. Jur. And Mr. Bass is correct that I believe that if the lease gave them the authority, you know, to grant an easement, they could grant one. They use the term "right-of-way" in the legal encyclopedia for the term of the lease. But our comp plan requires permanent. And it's our position that permanent means permanent and that would go beyond, you know, the term of any lease and be permanent. So that is our position that it would be inconsistent with the comp plan. CHAIRMAN STRAIN: And as far as making it consistent with the comp plan, the method to do that is amendment to the comp plan? MS. STUDENT-STIRLING: A method would be to amend the comp plan or also for lessee to seek permission from the lessor to grant the permanent easement. CHAIRMAN STRAIN: Thank you. Okay. Before we go on to county staff report, is there any other comments from the Planning Commission? (No response.) CHAIRMAN STRAIN: Hearing none. Thank you. Heidi, could we have your input on this, please. Thank you. MS. WILLIAMS: Good morning. For the record, Heidi Williams, Principal Planner with Zoning and Land Development Review. The staff report was pretty thorough in our last meeting so I'll just touch upon the three remaining issues and they've mostly been discussed already today. Page 11 ~ "--"'"_..----- I' lr '..,,,_,,,,,.'L,,=_.,,,^ *'-'~.~"''''~''''''-''__l . ""'~.'''''-~-''-~'''-'''''''-- -.. ,-,-- ~ 16 11 8 ,~ December 15, ZOOS I think your concerns in our last meeting were in reference to the parking issue already discussed. Mr. Andrea and I did talk about the criteria for parking in this location. The nearest thing that we could come up with was one parking space per three seats. Then it would be up to some type of criteria in our conditions of approval to ensure that what is shown on our conceptual site plan meets with the need on -- with that tour. Weare certainly willing to draft some type of condition that would limit the four vehicles to being used one at a time with no overlap. And it sounded like the applicant would be amenable to that. The second condition was the county easement that goes to the Carnestown Transfer Station. It's my understanding that the county attorney has looked into that issue and can possibly comment on that. And the final one is the major issue of the permanent conservation easement. Staff maintains that it does need to be an easement in perpetuity and not with the lease. But certainly I defer to the county attorney on that as well. MS. STUDENT-STIRLING: And we've already expressed our opinion on that point. As to the easement document, there was a nonexclusive easement granted to the county for ingress and egress to the Carnestown transfer facility. "Nonexclusive" means that other people can use it so long as it doesn't interfere with the right ofthe easement holder to gain the access. And we have, you know, no information that would indicate that that would interfere. I know Ms. Williams was going to attempt to contact solid waste staff on the point to see how often that was used. I don't know if we were able to obtain that information, but-- MS. WILLIAMS: I did not obtain any information from that staff. CHAIRMAN STRAIN: Thank you. Is there any questions of staff? Mr. Midney. COMMISSIONER MIDNEY: In could get back again, what do you think was the original intent of requiring a permanent easement? I know in this case -- I guess the way I'm looking at it, what we're trying to do is protect the environment in this situation. But to me this project seems like a net plus to the environment because you're getting people to learn more about the Everglades. It has educational value, employment, getting rid of exotics. The EAC, which is our environmental advisory group, voted unanimously 8 to 0 in favor of this project. And to me this thing about the permanent or not permanent easement, I don't see the point of it. I think that this project seems to have more value to the environment than it does not value. So what was the intent originally of saying that this had to be in perpetuity, because I can see how this could derail other similar ecotourism projects that might be beneficial. MS. WILLIAMS: Well, I certainly don't disagree that this project has merit as far as environmental education tour. I don't know the history of the growth management plan where it concerns the area of critical state concern. But as a staff member, I am required to apply the provisions that are adopted by the Board of County Commissioners. And that is a very clear provision in staffs' eyes and we have to uphold that. And our recommendation does remain that it needs to be a permanent conservation as stated in the growth management plan. COMMISSIONER MIDNEY: Right. I can see that, you know, you're trying to follow the letter of the law. But our role as an advisory group is to try to decide what is best for the county. I mean, not just to follow the letter of the law, but to actually decide what is the best decision. And I think we just can't be just stuck because the law says this because it's within our power to grant an exception if we think: that that's in the long range for the -- for the good of the county. MS. WILLIAMS: I believe that would be a growth management plan amendment to provide some type of interpretation to that provision. The Board of County Commissioners does have the power to interpret it that way. And subsequent -- you know, prior to this hearing, we've had the condition that Page 12 ; 6 11 " Jl it December 15,2005 should the board fmd that a permanent conservation easement is not required or should the -- the applicant be able to provide one, then we do have conditions that -- of approval. I believe we're up to 22 conditions placed by the Land Development Code, the EAC and I anticipate additional stipulations should this panel find. COMMISSIONER MIDNEY: So this panel and the Board of County Commissioners could override that part of the LDC in this one case? MS. WILLIAMS: The Board of County Commissioners can interpret the growth management plan. Staffs' interpretation is that a permanent easement is required. It is possible that the board could find otherwise. MS. STUDENT -STIRLING: In might, first of all, Florida law requires that all development orders are -- must be, shall be consistent with the comp plan. That is mandatory. Your Land Development Code also has a similar requirement that any development orders be consistent with the comprehensive plan as well as the Land Development Code. When you get into statutory construction, which this is, this comp plan is an ordinance of the county. The intent is the primary guiding principle to control the construction. And the intent lies with the board and also the staff that provided input to the board when the comprehensive plan was passed. It's my understanding -- and I don't -- environmental staff in not here, but it's my understanding in discussing this issue with them and conservation easements generally, that permanent meant permanent to ensure that it's protected for good, forever, in perpetuity. That's my understanding from environmental staff. Certainly the board is entitled to examine the provisions and determine what their intent is. Another option which doesn't necessarily help us here is that in the future the plan may need to be adjusted, you know, to allow for a situation like this. And so it would -- it would be up to the board to determine the intent. Because under the law that is the primary and cardinal rule of statutory construction. If you cannot determine the intent, then there are other principles of statutory construction that one can resort to. But that, again, is -- intent's the primary. COMMISSIONER MIDNEY: Okay. And so right now I've asked for the intent and, you know, it's sort oflike a question mark, but the reasonable -- MS. STUDENT-STIRLING: I stated what I was told by the environmental staff. COMMISSIONER MIDNEY: But it could -- someone could come to the interpretation that this could be allowed if it was interpreted in that way? MS. STUDENT-STIRLING: I would have to defer to environmental staff and also the board when they pass this what they meant by permanent. Because they are the ones that understand what the intent was. I'm stating my understanding based on talking to environmental staff. COMMISSIONER MIDNEY: Thank you. MS. WILLIAMS: And in may also add briefly. My understanding is that our regulation for the area of critical state concern very closely mirrors what this state has required for that area. It is a cooperative effort and not strictly created for this district by county staff. CHAIRMAN STRAIN: Well, Brad and then Mr. Schmitt. COMMISSIONER SCHIFFER: Margie, I guess. Is this an allowable use within a conservation easement? I mean -- MS. STUDENT-STIRLING: This is an allowable -- a conditional use in this area. But in a conservation easement, that's set aside strictly for conservation purposes. COMMISSIONER SCHIFFER: Right. MS. STUDENT-STIRLING: And usually in favor of the county, but with no responsibility for maintenance. And it's an area set aside that people don't just tramp through or -- so you couldn't go through it or do anything. It would just be set aside. Page 13 < -~'" -,,~_., ."^""--~-',",,--"''''- r "... ,...-----... """---~-~'-'.'- .,. 61 .~., '. 1 ;, .~, December 15, 2005 CHAIRMAN STRAIN: I don't -- the easement isn't overlaying the property. The easement would be a separate -- MS. STUDENT-STIRLING: Yeah. It's only a small part. CHAIRMAN STRAIN: Right. MS. STUDENT -STIRLING: It's not the whole property. MR. SCHMITT: The easement basically prohibits the planting of nonnative vegetation and other activities. MS. STUDENT-STIRLING: And be cleared of exotics -- exotics and maintained that way without exotics. CHAIRMAN STRAIN: Mr. Schmitt. MR. SCHMITT: Can I just explain. About two years ago we put the requirement in the -- both the comp plan and -- and the implementing guides in the LDC for a permanent easement. What had happened in the past in developments, the requirement for preservation preserves, that what -- what's happened was they would, I guess, use the word they would "morph" into something other than a preserve. They would -- it would soon become somebody's backyard and then would roses and other types of things planted back there. So in the platting and plan review process the requirement for the easement specified the area that was -- it delineated the area that was in preservation and then specified certain parameters. Like a management plan, the homeowners association or whomever would be responsible for that. That's really the basis of the conservation easement. You're -- you're in an area out here now that is not a development, but the law still says there has to be a conservation easement. Now, where you go with that is certainly your -- I leave that up to you. But I just want to explain what -- what -- what mandated that was the requirement to ensure that when preserves were placed in developments, they didn't become something other than preserves. And there's probably one of the most famous is what we went through about two years ago in this thing called Euros's (phonetic) at Glen Eagle. Is it Glen Eagle? No, not Glen Eagle. It was -- well, regardless. CHAIRMAN STRAIN: Twin Eagles. COMMISSIONER ADELSTEIN: Twin Eagles. That's right. MR. SCHMITT: No. No. That was the one over on Davis. The upland -- MS. STUDENT-STIRLING: Was it Briar Wood? CHAIRMAN STRAIN: That is Glen Eagle. MR. SCHMITT: Glen Eagle. CHAIRMAN STRAIN: Yeah. That's right. I know which -- yeah. MR. SCHMITT: So that was part where we -- we -- we had things in preserves and the preserves eventually morphed into part of the golf course. And -- and so we now said let's -- let's make sure that when a preserve is a preserve it is -- it is so dedicated on the plat and that's what created the overlay requirement for the conservation -- conservation easement. COMMISSIONER MIDNEY: I think that's a key distinction that you brought up, development, and this is clearly not a development. CHAIRMAN STRAIN: Mr. Murray, I think: you were next in your comment. COMMISSIONER MURRAY: Oh, okay. My question has to do with the words "permanent" and the phrase "in perpetuity." And you've spoken to a permanent easement and -- and I can understand the word "a permanent buffer," if you will, or permanent whatever. The word eludes me at the moment. But in any event, are they interchangeable? Is it -- is permanent the same as in perpetuity? And I think: that may be a serious question there. Page 14 Dec~m~Jl J. 2005 MS. STUDENT -STIRLING: The term is used in the comprehensive plan as permanent. And the ordinary meaning of "permanent" is permanent. It's -- goes on -- COMMISSIONER MURRAY: What is is. Okay. MS. STUDENT -STIRLING: You use the ordinary definition. MR. SCHMITT: But, Marjorie, a permanent easement, that easement always can be vacated for other reasons. COMMISSIONER MURRAY: That's why I'm raising the question. MR. SCHMITT: If, in fact, the permanent -- the conservation easement exists and for some other reason now you wanted to come in and put a road through over the -- over this easement, you have to go through the legal mechanics of removing that easement or doing some other type of -- COMMISSIONER MURRAY: Right. And if you had a development and you wanted -- and someone wanted to redevelop it and they would change buffering and they would change preserves and so forth again -- MR. SCHMITT: Provided you're within the parameters -- COMMISSIONER MURRAY: Right. MR. SCHMITT: -- ofthe -- COMMISSIONER MURRAY: Whereas in perpetuity, does it not bind you to have that fIxed? Is there not -- MS. STUDENT-STIRLING: I would say that in perpetuity, yeah, it could mean forever or for as long as the regulation is in existence. I don't know that anything truly is in perpetuity -- you know, in perpetuity. COMMISSIONER MURRAY: I appreciate that, but in terms of the word versus the phrase. MS. STUDENT -STIRLING: But, again, we have to be guided by the intent here. And that's what was represented to me by the -- COMMISSIONER MURRAY: That's what I'm trying to understand. Is the intent in your mind the same as in perpetuity? MS. STUDENT-STIRLING: It's -- it's for the protection of -- of the -- ofthe area, yes, I think in perpetuity. COMMISSIONER MURRAY: Okay. I just need -- and I understand it's a stretch in that because of many factors. CHAIRMAN STRAIN: Mr. Midney, did you have a follow-up question you had started on a minute ago? COMMISSIONER MIDNEY: I'm all good. Thank you. CHAIRMAN STRAIN: Okay. Mr. Schiffer. COMMISSIONER SCHIFFER: Yeah. Just on this and then I have another question. Isn't there other regulations protecting this area? I mean, is it-- MS. WILLIAMS: There will be multiple reviews at the time of the site development plan. COMMISSIONER SCHIFFER: Does that mean it's in an area that obviously you're not going to go out and be able to -- you know, isn't it covered by some sort of conservation protection otherwise? MS. WILLIAMS: The district it's in, the future land use district it's in is a conservation area. It is very restricted on what uses can go there. This is one of only a few that can be done in this area. And it does have to follow this review process. I believe there are state agencies that will become involved. Perhaps you can speak for that one. COMMISSIONER SCHIFFER: Because I'm saying, you know, this -- the easement we want which is really designed for something else, this land is going to be protected otherwise. MS. WILLIAMS: I don't know that this was designed necessarily only to prevent development Page 15 -..-_~,- " .__,....,'...._""..""_"."..,,.~...^'.,_,,_.._~..~_..._'n_.""..___""'. .........._ .. , ~---- 1 ~ 'l Decem er 1 ,2005 from impacting this. As part of the area of critical state concern, very little development is permitted in here. COMMISSIONER SCHIFFER: Right. MS. WILLIAMS: Only 10 percent of your land may be impacted and then the state just asks for a portion of what's not impacted to be a permanent conservation easement. So I'm not sure that the intent here -- I don't think we can necessarily determine the exact intent. COMMISSIONER SCHIFFER: Okay. All right. And because it is ecotourism it would be against them ifthey went around and kind of changed the -- you know, what it looked like anyway. Let's go to No.5, the vehicle thing. I'm uncomfortable with the way that's worded. It's -- you know, why we have to discuss two buses, two pontoon boats. Their backup and all that really has nothing to do with -- with how they operate or how we give them regulations. So could we change that to -- and its vehicular use shall be limited to -- cross off the "to." So it would be limited to buses. Cross off everything down to "and" get rid of the two pontoon boats. So it's, the vehicle use shall be limited to buses and pontoon boats -- pontoon boats in parentheses, equipped with four-stroke outboard engines with no more than 30 seats in simultaneous operation. Because the way that's worded, that's dangerously looking like approval for 120 seats on the site. I mean, so, essentially, remember code enforcement will be the one dealing with this. They have to have something that they can go out there and they can count 60 seats in operation is a problem. One boat in operation. They -- everybody hops off the boat. Jumps on a bus. That's no big deal. MS. WILLIAMS: I do agree that that limits and addresses overuse ofthe site. The reason that stipulation was written the way it was is because the Land Development Code requests that the Board of County Commissioners make a determination of what the appropriate number of vehicles and seats are. So it really was transposed and filled in with the applicant's request. I -- I feel that this does meet the request of the Land Development Code for a specified number of seats and vehicles. COMMISSIONER SCHIFFER: Right. And that's the intent is they only have parking for 30 seats. I think it's not appropriate to provide parking for the building because that's -- the building is an accessory use for the tour operation. MS. WILLIAMS: That's acceptable to staff. I would request that the applicant confirm that that is also an acceptable change. MR. ANDREA: Again, Robert Andrea, Coastal Engineering. That is acceptable to us. That's fme. COMMISSIONER SCHIFFER: Thank you, Mark. CHAIRMAN STRAIN: Thank you. Mr. Scott, I want to make sure you weren't going to get involved in anything so if your cell phone just rang, that was why. MR. SCOTT: Good morning. Don Scott, Transportation Planner. CHAIRMAN STRAIN: You have reviewed this, I would assume, at transportation? MR. SCOTT: It's funny because when it first came up I looked at it and I said, I don't remember this at all and it goes back to 2003. So it was reviewed and signed off. I think it was nine -- September of 2003. CHAIRMAN STRAIN: Are you familiar with that area of US 41? MR. SCOTT: Yup. CHAIRMAN STRAIN: Do you know what the speed limit is out there? MR. SCOTT: I believe it's 55. CHAIRMAN STRAIN: I travel it constantly to take my boat to and back Everglades City. My hardest point about driving a boat and a big truck is to get behind a tourist who decides all of a sudden to hit their brakes and move into one of these places and they do it all the time. I notice there's no decel or accellanes shown on this diagram. Is that something you would recommend? Page 16 16/1 J)ece11.1per 15, 2005 MR. SCOTT: Well, there's a couple of things. First of all, we would review that as part of the site plan side of it, but also we're doing the PD&E study for the widening of 41. You know, depending on how long they're not -- it's gone on for a couple of years. Obviously, ifit's a need, yes, we would ask for that. CHAIRMAN STRAIN: Based on what we've seen here and you've heard here today, is it -- do you feel it would be a safer situation to have deceleration and acceleration lanes out at this particular site? MR. SCOTT: Not acceleration lanes but decel-- essentially a left-turn lane in. CHAIRMAN STRAIN: Left turn. How about a right-turn lane in? MR. SCOTT: And a right-turn lane in, yes. CHAIRMAN STRAIN: Okay. MR. SCOTT: Well, we don't -- and FDOT I don't think permits for the most part acceleration lanes. CHAIRMAN STRAIN: Okay. FDOT at one point I found in some writings in consideration ofa caution light was thought of or recommended, do you have any comments on that? MR. SCOTT: I don't -- it's funny. I don't believe that they would use that for this type of -- for this type of use. CHAIRMAN STRAIN: You don't believe DOT would use it? MR. SCOTT: No. CHAIRMAN STRAIN: Under the neighborhood informational meeting it says here three people attended. Issues discussed at the meeting included a potential that the Florida Department of Transportation would require a traffic caution light at the project entrance. You don't recall anything about that? MR. SCOTT: No. CHAIRMAN STRAIN: Okay. MR. SCOTT: I mean, if you think about it up and down, you wouldn't want them everywhere. CHAIRMAN STRAIN: Well, I just wanted to make sure that ifit was something that you needed it was there. I don't -- does anybody else have any more questions of Mr. Scott? COMMISSIONER SCHIFFER: One quick. CHAIRMAN STRAIN: Mr. Schiffer. COMMISSIONER SCHIFFER: Don, there's 34 feet of pavement. How is that lined out? What is happening? That's a two-lane? Is it two on one side and one on one side? MR. SCOTT: Are you talking about on their site or -- COMMISSIONER SCHIFFER: Yeah. At least their plan shows 34 feet of pavement. What is going on with -- MR. SCOTT: They're saying it's 24 feet of pavement. COMMISSIONER SCHIFFER: Thirty-four feet plus or minus existing pavement I see. Down at the -- I'm sorry. I'm out on 41, not on -- MR. SCOTT: Oh, there's -- there's -- I believe there's paved shoulders on the side so it's -- there's 12- foot lanes and paved shoulders on each side. COMMISSIONER SCHIFFER: Okay. And, Mark, the way the sign's positioned, it appears all the business is going to be coming from Naples. CHAIRMAN STRAIN: Which is another interesting argument in regards to a left-turn lane in because otherwise you'd be backing the traffic up. But if the resident -- if the tourists come from Miami, which a lot of them do, and they want to pull in here, they're going to hit their brakes just at the last second to get into this place unless there's a decellane. And I've been behind too many of them that have done that. Of course they drive way too slow on US 41 looking at stuff in the swamps so... COMMISSIONER SCHIFFER: It's a scenic highway. Page 17 -_._~~~--^- -- ....~. ... ----->.,,,....,.., ._'-"'........""_nI'lT _.-.. 1611 December 15, 2005 CHAIRMAN STRAIN: Is there anything else ofMr. Scott? Thank you, Don. I hope Tuesday you're prepared for a long and detailed discussion. MR. SCOTT: I am. CHAIRMAN STRAIN: Good. Okay. Are there any other questions of staff? Ofthe applicant? (No response.) CHAIRMAN STRAIN: Hearing none. Are there any public speakers? COMMISSIONER SCHIFFER: Mark, just one thing. I'm sorry. Can we vote this in to replace the exhibit that's in the packet? CHAIRMAN STRAIN: Good point. Thank you for bringing that up. We have an exhibit regarding a new site plan for this. Is there a motion to vote it into evidence? COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Motion made by Mr. Murray. Seconded by Mr. Schiffer? Mr. Midney? COMMISSIONER MIDNEY: (Indicating.) CHAIRMAN STRAIN: Mr. Midney. 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 opposed? (No response.) COMMISSIONER SCHIFFER: And this will become the new Exhibit C replacing the old Exhibit C. CHAIRMAN STRAIN: Okay. Now, with that, Ray, there are no public speakers? MR. BELLOWS: That's correct. CHAIRMAN STRAIN: Okay. Well, then we'll close the public hearing. Is there -- we'll entertain a motion. COMMISSIONER TUFF: I'd make a -- make a motion that we accept the proposal with the additions -- with the changes to Exhibit D, No.5 that Brad Schiffer entered and just because it's the right thing to do. CHAIRMAN STRAIN: Okay. Is there a second to the-- COMMISSIONER MIDNEY: Yes. I would second it subject to EAC recommendations. CHAIRMAN STRAIN: Okay. There's been a motion made by Commissioner Tuff. A second by Mr. Murray (sic). We're open to discussion. Mr. Adelstein. COMMISSIONER ADELSTEIN: One amendment anyhow. That subject to the staff recommendations and the recommendations of the County Planning Commission. CHAIRMAN STRAIN: Well, staff recommendations, the Planning Commission, Mr. Midney suggested the EAC. There are some others left over from our last meeting. One is that no visible vending machines will be seen from US 41. And the other one is the discussion here that there be left and right turn lanes into this facility. I would strongly suggest that being an added stipulation. I'm suggesting those as added stipulations in the case this passes. I would -- I am not in favor of it, the conditions as Ms. Caron has stated. I think those could have been -- those could have been cleared up prior to coming before these boards. And if they couldn't have been, they didn't need to be honored by today's meeting. Page 18 16/1 December 15,2005 So are there any other -- any other elements of discussion? MS. WILLIAMS: Commissioner Strain, if! could interrupt briefly. Mr. Andrea would like to comment. CHAIRMAN STRAIN: Well-- whoa. Whoa. Whoa. We're in discussion on the motion in the meeting. You had an opportunity to discuss and present your case. I don't know if it's appropriate to have this kind of discussion during a motion at this time. So I'm not going to let that happen. You had all the opportunity you needed to discuss it. We're going to go on with our motion. COMMISSIONER SCHIFFER: Well, Mark, just in defense. Are you going to be discussing the turn lanes? Mr. Andrea, the turn lanes? I don't know if we discussed it whether it was obvious to him that this was going to be a condition ofthe approval. CHAIRMAN STRAIN: Okay. Well-- MS. STUDENT -STIRLING: You can reopen the public hearing and let him address it. CHAIRMAN STRAIN: Okay. Well, then I need to withdraw the motion from the motion-maker and the second. COMMISSIONER TUFF: Okay. CHAIRMAN STRAIN: Is that -- those okays mean you withdraw your motion, you withdraw the second. We're going to reopen the public hearing. Go ahead, sir. Let's try to be complete this time. Okay? MR. ANDREA: Thank you. Again, Robert Andrea, Coastal Engineering. I just have a concern with the turn-lane stipulation. I don't know if DOT would even entertain that idea, if there's even room for us to do that. We'll certainly be glad to -- to confer with them, but I don't know how I can agree to that at this particular point. CHAIRMAN STRAIN: Okay. MR. ANDREA: It depends on what DOT tells us. CHAIRMAN STRAIN: Mr. Scott, maybe you can suggest here a comment, please. MR. SCOTT: I would say as anything we do is subject to FDOT permits. CHAIRMAN STRAIN: Well, what we could stipulate subject to the permitting? MR. SCOTT: Right. CHAIRMAN STRAIN: And the permitting if reasonably obtained, I mean, I don't want someone to submit a plan that's not even reasonable to be accepted only to get rejected and then say, Well, we tried and we didn't get it. MR. SCOTT: Right. CHAIRMAN STRAIN: So. Okay. Understand. Any further questions or comments before we re-close the public hearing? (No response.) CHAIRMAN STRAIN: Okay. With that we'll close the public hearing for the second time and entertain a motion. COMMISSIONER TUFF: I'll make that same motion. CHAIRMAN STRAIN: Mr. Tuffmade the same motion, but are you going to make it with the added stipulations that were reiterated including the left and right turn lanes subject to DOT permitting? COMMISSIONER TUFF: Correct, yes. COMMISSIONER ADELSTEIN: Second. CHAIRMAN STRAIN: Is the second. COMMISSIONER MIDNEY: I'm -- I'm not comfortable with the left and right-turn lanes as part of the motion. CHAIRMAN STRAIN: Is there another second? COMMISSIONER ADELSTEIN: I'll second. Page 19 ~",-~"~""",,,,-,-_,,,,,,-,,,,,,-",,,,,,,,.",~,-,,--,,-'~"",,,"'''-__r ,,-,,~.,-,~.,,_.." 161 1 ~', December 15,2005 CHAIRMAN STRAIN: Mr. Adelstein seconded this particular motion. Motion was made by Mr. Tuff. Further discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all those in favor of the motion signify by raising your hand. Oh, I'm not in favor. I'm showing you guys what to do. (Indicating. ) CHAIRMAN STRAIN: Three -- three in favor. All those opposed to the motion. (Indicating. ) CHAIRMAN STRAIN: Motion fails 4 to 3. COMMISSIONER SCHIFFER: Can we have discussion now or do we have to wait for a motion? CHAIRMAN STRAIN: Well, the motion -- that motion failed. I mean, if you -- if there's another motion to be entertained right at this time at this point we need to make a recommendation of denial or approval. Approval failed with the stipulations that were stated. Is there another, either a motion to approve or a motion to deny? COMMISSIONER MURRAY: Question, in the -- in the absence of an approval, doesn't that constitute silent disapproval? CHAIRMAN STRAIN: I think we had that before. MS. STUDENT-STIRLING: We've always looked for another motion because it's tacit and it's not -- COMMISSIONER MURRAY: Okay. MS. STUDENT-STIRLING: -- you know, it's clear. COMMISSIONER MURRAY: Okay. All right. Thank you. I'll make that motion. CHAIRMAN STRAIN: You'll make the motion to -- COMMISSIONER MURRAY: That it is -- that it is for disapproval. That it does not comply with the growth management plan. CHAIRMAN STRAIN: Recommendation for disapproval made by Commissioner Murray. MR. ADELSTEIN: I'll second it. CHAIRMAN STRAIN: Seconded by Commissioner Adelstein. Discussion. COMMISSIONER SCHIFFER: I'd like to discuss it. The concern is over this -- the conservation easement. True? CHAIRMAN STRAIN: Right. COMMISSIONER SCHIFFER: But here's -- here's a regulation that we -- we imposed on ourselves to protect development in urban areas essentially where people are abusing land that was set aside for conservation. This guy's out in the middle of essentially the ecosystem. Why would that regulation even make sense out here? I mean, why -- just, I mean, he's gonna conserve it. He's selling the conservation of it. He's making the citizens aware of the environment out there. I mean, what's the problem that he could cause? CHAIRMAN STRAIN: Ms. Caron, did you have a comment? COMMISSIONER CARON: Well, I'd just like to say that I think it's -- it's not our decision to make. Perhaps the BCC can make that decision and that may be their right to make that decision, but I don't believe it is this board's right to tell them that we recommend that they go against their growth management plan. If after hearing all the evidence they determine that they'd like to go against their growth management plan, then so be it. They'll have to, you know, deal with any consequences down the line for other projects if they decide to do that. I just think that we need to be recommending -- and if you want to recommend that -- and we've had Page 20 .1611 , 'liiIi, December 15, 2005 other projects come about the same way. If you want to recommend that you think it's a good project, but that they need to figure out either by going for a growth management plan amendment or having the BCC say, you know, we're just going to throw out the growth management plan for this particular item, then-- then that's fine. But -- but I don't think we can recommend that they go against the growth management plan. I don't think that's our job. COMMISSIONER SCHIFFER: And-- COMMISSIONER MURRAY: And ifI could make a comment after Mr. Schiffer responds. COMMISSIONER SCHIFFER: Donna, the -- but do you think the intent of that growth management plan clause applies to this situation? COMMISSIONER CARON: Yes, I do. I think the intent is pretty clear. CHAIRMAN STRAIN: Mr. Murray. COMMISSIONER CARON: "Permanent" to me means permanent. "Shall have" means shall have. COMMISSIONER SCHIFFER: Just a quick second really aside, was this application filed prior to that amendment? I mean, Joe said a couple years ago. Don said-- COMMISSIONER CARON: Three years ago. COMMISSIONER SCHIFFER: Three years ago. CHAIRMAN STRAIN: That condition of the growth management plan was in prior to filing of this application, wasn't it? MS. WILLIAMS: Yes, it was. CHAIRMAN STRAIN: I thought. Mr. Murray. COMMISSIONER MURRAY: Yeah. I just wanted to make it clear. I -- I think it's a good project. I think the idea needs -- needs to be vetted perhaps a bit more. And I hope that they can go for a management plan change or get the owner to agree to a requirement. But as I read it, we are guardians of the growth management plan. And we have an obligation unless something is proven to us through testimony or other things that we determine, unless it's proved to us that there is a question that that can permit us to approve it, I think we are obliged in spite ofthe fact that I think it's a good project, to decline to approve it. Thank you. CHAIRMAN STRAIN: And, Brad, and I understand your point and it's well made. And as far as the project itself goes, if it didn't have this issue with the growth management plan, I wouldn't have a concern for it as long as the turn lanes got placed on US 41 because that is a big issue with me. And I'm sure staff probably would have had a positive recommendation instead of a negative recommendation had this not had this growth management plan implication. However, your comments that this doesn't apply out here because this land virtually is undevelopable more or less in its state and it's a part of a general wide county conservation area to begin with are well made, and if it was and if that's true, then why is there the reluctance to provide this easement? It's just another document over land that already can't be developed in the first place. COMMISSIONER SCHIFFER: Well, I think the reluctance is that this is a leased piece of property. The lando~ners don't want to lock themselves in. Remember our discussions of in perpetuity here. In perpetuity over something that this guy's just going to run air boats on. Essentially he's selling conservation. I mean, the whole site is conservation. He wants to show the whole county what conservation looks like. So, I mean, it doesn't even seem that we're in any danger. I mean, what can he violate? What's he going to do? How can he possibly abuse what the intent of the conservation easement is. But we can move on. CHAIRMAN STRAIN: Okay. Mr. Midney. COMMISSIONER MIDNEY: Just one final thing. I think that the permanent conservation Page 21 - -_..._.~~,." """"""__._._.,.,""_. "_""""_'~__"",'~,__"___"'M'_~".~__~~ -~, ~~."......_~""-- 16/1 December 15,2005 easement it says in the staff report is to mitigate for impacts to land in this area. And that seems to me like the intent. And to me the impacts to land in this area are -- are not going to be any negative impact. So that's why I'm going to vote against requiring it. Thank you. CHAIRMAN STRAIN: Okay. A motion's been made, discussed. The motion is to recommend denial. All those in favor please signify by raising your hand. (Indicating. ) CHAIRMAN STRAIN: Well, we're going to be deadlocked again. We've got three recommendations and four in favor. So does that mean -- MS. STUDENT-STIRLING: Okay. The denial-- the motion for denial is 4 to 3. So the motion for denial is -- CHAIRMAN STRAIN: No. Mr. Adelstein didn't raise your hand, did you? COMMISSIONER ADELSTEIN: I seconded it. I second all motions. That's not a problem. CHAIRMAN STRAIN: No. He didn't raise his hand. So there's only three of us this time and the rest of us -- the rest of them are against the motion of denial. So we've failed twice. Now -- I might make a suggestion here. In another case what we did is we liked the project and realized it had merit. We went through and made stipulations on it like we have here today. We recommended -- we recommended approval subject to the BCC's finding of a consistency or inconsistency with the GMP and let that decision very clearly go forward to them to be made and we didn't dive into it. I might suggest a motion-maker make that today. COMMISSIONER ADELSTEIN: So moved. COMMISSIONER TUFF: Second. CHAIRMAN STRAIN: That motion's been made by Mr. Adelstein and it's been seconded by Mr. Tuff. And so we're understanding the motion is that we recommend approval of the project with the stipulations brought forth here as discussed earlier, but we are not addressing the growth management plan inconsistency as that is a policy decision by the Board of County Commissioners and we are not taking a position on that; is that correct? COMMISSIONER ADELSTEIN: Yes. COMMISSIONER SCHIFFER: That's good. CHAIRMAN STRAIN: Is there any legal problem with that, Ms. Attorney? COMMISSIONER SCHIFFER: Only in filling out our conditional use. MS. STUDENT-STIRLING: I think that's fine. CHAIRMAN STRAIN: Okay. COMMISSIONER CARON: I see that as a rather slippery slope for us to decide on projects we like versus projects we don't like. Maybe people we like and people we don't like. And I -- I will vote against it because I have a real problem with the overall philosophy. COMMISSIONER SCHIFFER: But, Donna -- COMMISSIONER ADELSTEIN: Call the question. COMMISSIONER MORRAY: Well, I'm concerned. I would agree if that was the first motion made, but in as much as we've attempted to do our job properly, I think this is a decent way of approaching it. CHAIRMAN STRAIN: Okay. The question's been called. Let's take the vote. All those in favor now of this new motion, please signify by raising your hand. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. Page 22 . . 16 J 1 December 15,2005 COMMISSIONER MURRAY: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: All those opposed? COMMISSIONER CARON: (Indicating.) CHAIRMAN STRAIN: Motion carries, one, two, three, four, five, six to one. COMMISSIONER SCHIFFER: Mr. Chairman, how do we fill out the conditional use permit petition under this case? CHAIRMAN STRAIN: With a lot ofluck. COMMISSIONER SCHIFFER: Do we fill it out or -- CHAIRMAN STRAIN: It's inconsistent with the GMP. I think you have to say that it's inconsistent with the GMP. COMMISSIONER SCHIFFER: But I feel it is consistent, because I feel what the intent-- CHAIRMAN STRAIN: I think you can state it that way, Brad. COMMISSIONER SCHIFFER: All right. CHAIRMAN STRAIN: That's your prerogative. That's why these are passed out to each one of us so... MS. STUDENT -STIRLING: You can put some qualifying language in it. COMMISSIONER SCHIFFER: I'm just going to check that. CHAIRMAN STRAIN: Okay. With that we will end this discussion today. Thank you, Heidi, for all your patience. The last item on this -- to day's agenda -- well, we're going to go. The next item is the time certain ten o'clock LDC amendments. They're 20 minutes from now. We have two other discussions. I don't see Randy in the audience to discuss the item he put on here. Brad, you wanted to move your new business into discussion. MR. SCHMITT: Mr. Chairman, I'm here to discuss the meeting. What I need -- I got two things I want to ask. Well, I want to add. CHAIRMAN STRAIN: Well, let's go -- let everybody know for sure what we're doing. MR. SCHMITT: All right. CHAIRMAN STRAIN: We're going to Item 10 on the agenda. Set hearing dates for the ERA-based GMP amendments possibly the 6th or 8th of March. MR. SCHMITT: And the 6th is a Monday and 8th is Wednesday so... COMMISSIONER MURRAY: The 6th or the 8th? MR. SCHMITT: Or both days. CHAIRMAN STRAIN: What would we do without these little things to tell us what we do every day? MR. SCHMITT: We're looking at -- and, frankly, what's happened here is the availability of this room has become -- this is probably the most demanded -- demanded piece of real estate now in the county trying to schedule this room. And I prefer certainly to have the meetings here so they can be properly televised. But we have -- we have just been having a difficult time trying to get dates and get this scheduled, but I'm in a crunch in regards to certainly meeting state requirements for the year-based amendments. So we're really fixed right now on the 6th or the 8th. CHAIRMAN STRAIN: Well, the -- my -- as far as my agenda goes, the 6th I have a meeting I can change. The 8th I have open, so... (Multiple speakers.) MR. SCHMITT: No, this is March. (Multiple speakers.) Page 23 ""-,w_,. ~l"'~ ........"d__"..."'.,..,..,......."........"'"_"...". ... ",,'" 1 . 'V- --.<....--. - ~.~--- 161J . December 1 , '2005 THE COURT REPORTER: One at a time. CHAIRMAN STRAIN: Yeah. I'm sorry. COMMISSIONER SCHIFFER: All the -- all the Fridays appear to be open. What's wrong with meeting on a Friday? CHAIRMAN STRAIN: I don't have any objection to it. COMMISSIONER MURRAY: Sixth or the eighth is fine for me. COMMISSIONER SCHIFFER: Could that -- MR. SCHMITT: Yes. CHAIRMAN STRAIN: Well, I mean, we've got to talk on the speaker, gentlemen, and one at a time so the court reporter can -- MR. SCHMITT: You got for what the year on the 20th? CHAIRMAN STRAIN: Right. No, for the year. COMMISSIONER SCHIFFER: The AUIR. MR. SCHMITT: AUIR, no. We're on the year-based amendments, compplan amendments. We're at a different issue. This is for the year-based GMP amendments. I wanted to fix a date now. CHAIRMAN STRAIN: Right. And I don't have a problem with either date. The 8th would be best for me. Mr. Murray has no -- either date would work for him. COMMISSIONER MURRAY: Yup. CHAIRMAN STRAIN: Mr. Tuff? COMMISSIONER TUFF: Either day is fine. CHAIRMAN STRAIN: Either day for him. Ms. Caron? COMMISSIONER CARON: As far as I know either day would be fine. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: What are the two dates that we're-- CHAIRMAN STRAIN: Monday the 6th of March or Wednesday the 8th of March. COMMISSIONER MIDNEY: In the evening? MR. SCHMITT: No. CHAIRMAN STRAIN: These would be -- I'm assuming these would be in the morning; right? MR. SCHMITT: This would be in the morning I would -- given the volume of -- I'm sure you're going to be dealing with it would be -- it's going to be an all-day meeting, if not more. CHAIRMAN STRAIN: Oh, I agree. It'll be a long meeting. COMMISSIONER SCHIFFER: My concern really is preparation for it. Ifwe meet -- since a couple days after we meet on other issues, are we -- is this something we're going to get, like, the last week before the meeting or is this something we'll get quite a few weeks before the meeting? MR. SCHMITT: You'll get it before because I -- I'm working now with the EAC and actually reviewing some of these documents. Probably the two most significant issues you're going to be dealing with are -- are some initiatives dealing with environmental reviews and changes in criteria. And -- and, of course, the whole density issue and density bonus issue that was discussed as part of the year. CHAIRMAN STRAIN: Okay. COMMISSIONER MIDNEY: I don't like either one, but I'll try to fit it in. CHAIRMAN STRAIN: Brad, what's your-- COMMISSIONER SCHIFFER: 1'11-- 1'11-- whatever you guys come with. It just looks like these Fridays are all -- what's wrong with the 10th? CHAIRMAN STRAIN: Well, I think the staffs asked us for the 6th or 8th. Ifwe can make it and be -- and be here on one of those days. COMMISSIONER SCHIFFER: Yeah. I'm fine. Page 24 .1611 December 15,2005 CHAIRMAN STRAIN: Let's just try to stick with that for now instead of reinventing the wheel on this, if we could. MR. SCHMITT: Brad, I think it was availability of the room and I do not have any indication that it's available -- open on Friday. COMMISSIONER SCHIFFER: Okay. That's fine. Whatever everybody wants. CHAIRMAN STRAIN: The 6th or 8th works for everybody? COMMISSIONER ADELSTEIN: No. The 8th does not. The 6th is perfect. The 8th is not. COMMISSIONER MIDNEY: Sixth is preferable for me. CHAIRMAN STRAIN: So it's the 6th, then. If that works for staff, we'd like to take it on the 6th. MR. SCHMITT: All right. I'm going to hold the 8th as a carry-over date. CHAIRMAN STRAIN: I think you'll probably need to do that. Did you do one for the AUIR too? MR. SCHMITT: Not really. I thought -- I thought eight hours would be enough, but-- CHAIRMAN STRAIN: Well, I don't know. Okay. So on -- we'll have it on the 6th of March in this room at nine o'clock in the morning. Is that when we're -- or 8:30? MR. SCHMITT: 8:30. COMMISSIONER ADELSTEIN: 8:30. CHAIRMAN STRAIN: Okay. We have 20 or 18 minutes left. Yes. MR. SCHMITT: I would hesitate to bring this up again, but I'd like to explore the alternatives of discussing CD Plus. Ifwe can take a few minutes to pull it up on the Internet and show you what you can access on the Internet. And if that's not -- doesn't meet your requirements -- CHAIRMAN STRAIN: Well, Joe, my only -- if! can access CD Plus on the Internet, you can give me a site to access it, I don't have a concern about it. Now, I don't know about the rest of the commissioners, but that's all I ask for. Give it to me in hard copy or let me have an access to it somewhere. MR. SCHMITT: Certainly, Brad, as I'm sure you know, you can access any project and look for comments. It's -- it's public information. Some ofthose can be 20,30 pages long. But we can show you how to access. We'll give you that information. If that doesn't work, then we'll produce it hard copy for you. CHAIRMAN STRAIN: Just send -- if someone sends me the link, that's all I need. And then -- COMMISSIONER SCHIFFER: Just send us all an e-mail and let us all learn about it. COMMISSIONER MURRAY: And I would agree with that, a link and I don't know. CHAIRMAN STRAIN: Yeah. And that's fine. That'll-- if that's where staffs problem is, then just do that for me and that's my access. If! have a project I have certain questions about, I'll go to that link. I'll fmd out more information and then who knows what it will resolve or will entail so... COMMISSIONER SCHIFFER: And the happier it is -- the longer it is, the happier Mark is so... CHAIRMAN STRAIN: I like to read. With that instead of going into Brad's issue right now because I'm not sure how long that'll take, we do need to take a break before our ten o'clock certain date. Is that okay with you, Brad, we'll do yours -- COMMISSIONER SCHIFFER: I can't imagine mine will take a minute. CHAIRMAN STRAIN: Okay. Well, then, fine. Let's discuss your issue. COMMISSIONER SCHIFFER: One thing is reading -- and really it's based on reading the information you gave us last time about the responsibilities ofthe board. Ifthe -- if we as planners want to have an issue brought into the LDC, is that something -- the intent would be is we would bring it before ourselves and then we would approve it as a board and then it would be submitted. MR. SCHMITT: Absolutely. You have every right to do that. COMMISSIONER SCHIFFER: Is that what's on the calendar now as Friday the 17th, March 17th, is that the deadline for that? In other words, you have a staff cycle that you have to get information in. Page 25 --......,."'.->0';"'........-.--...,--.."..,"" _"~'"'_';'"__~_~~~_" ,.,' ~""~,._..,--"" ..-.-........-....--- 161i; Decernher 1 ,20(J5 MR. SCHMITT: Yes. COMMISSIONER SCHIFFER: That cycle we should probably stay in line with; correct? MR. SCHMITT: I would -- anything that you propose certainly I would like to get from you if it -- if it's the consensus of the Planning Commission of the board, certainly you can direct staff to make -- COMMISSIONER SCHIFFER: And stay in line with that schedule. MR. SCHMITT: I would like to stay in line with that, but I certainly could do it up to the point where when I start -- call it the public meeting, the date where I'm really kind of cutting things off, but is -- is when we go to the DSAC. But you're going to find today I'm going to throw another amendment into this next cycle here that we just got direction from the board. So I'm not saying it can't be done during the cycle. COMMISSIONER SCHIFFER: And you give us that schedule in your weekly reports -- MR. SCHMITT: Yes. COMMISSIONER SCHIFFER: -- so we could all find that? MR. SCHMITT: Yes. COMMISSIONER SCHIFFER: Okay. Next question, is there a way that we could get computer access to the Land Development Code and the growth management plan on these terminals while we're in the meeting? Staff could set up -- it doesn't have to be complicated. They could just make a menu for Planning Commission meetings. MR. SCHMITT: It should be available right through the -- not the -- the -- the intranet that you have. COMMISSIONER SCHIFFER: But rather than take time because I promised to be quick is somebody could show us how to -- CHAIRMAN STRAIN: Maybe have some IT guy come in and show Brad how to get on this from here. MR. SCHMITT: Yup. COMMISSIONER SCHIFFER: In case we have a question rather than-- MR. SCHIFFER: You should be able to do it sitting right there and then do a word search. COMMISSIONER SCHIFFER: Okay. The other thing in the book there it's obvious that the Planning Commission has a wider task than we've actually been doing. We've essentially been gatekeepers when we're really supposed to be planners. How would we get together to meet and plan? In other words, do we have a workshop where we could all discuss things together? I mean, let's say we have issues. There's plenty of issues in this town. There's hot topics. As the planners we don't discuss them. Because of the Sunshine Law we certainly don't call each other up and discuss them. MR. SCHMITT: It would have to be as an agenda'ed item on the agenda or if you want to have a workshop, we schedule a workshop, publicly advertised of course to meet the Sunshine requirements. And -- and properly notice any type of meeting that you wish to have or discuss issues. COMMISSIONER SCHIFFER: Mr. Chairman, I think it would be good if we all sat down and discussed what issues the county's had, what planning we're supposed to be doing, I mean. CHAIRMAN STRAIN: I don't have a problem with that, but let me see where Mr. Murray's going first because I did have some comments. COMMISSIONER MURRAY: In fact -- in fact, thank you, Mr. Chairman, in fact that was -- I was going to ask what is the mechanism. And -- and I think that the only reasonable mechanism when it comes to my mind at least anyways is to proffer to the commissioners what it is that's in your mind and that accumulating those proffers into a workshop activity gives us the opportunity to vet them out and then they can be brought back for a meeting that would be appropriate to them. Is that a reasonable process? Page 26 1611::. December 15,2005' CHAIRMAN STRAIN: Yes. MR. SCHMITT: Or -- or it can be done in several ways. You -- you as a board propose that the staffwe add it to the LDC cycle, you want to have a workshop. And then as a Planning Commission have a joint workshop with the board to express your points to the board. It could be anyone of those type of ways we could do it. COMMISSIONER MURRAY: I would seek guidance in that because I think with that many opportunities, apparently, they should all be available to us. Maybe something written down so we have options and can refer to that. Thank you, sir. CHAIRMAN STRAIN: What I was going to suggest, Mr. Schmitt, is that -- and it was along the lines Mr. Murray was heading, we're all sitting here because we're appointed by the commissioners from our district. I would strongly urge that if we have something that we want staff to work on before we bring it up, go to your commissioner and get a feel for it fIrst. Because there are different political implications in this county that we do not have to dive into. But if we're going into something that is unpopular, there's no reason to waste everybody's time including staffs time and ours on something and a wild goose chase. So before we make recommendations to staff, please run it by the commissioner of your district. MR. SCHMITT: And I -- and I would want to stress that if you make a recommendation, I'm compelled to have to go to the board with that because even though, yes, we are your staff, I also am the staff of the Board of County Commissioners. And if I'm going to expend funds to do something, it has to be through their approval. As well as Mr. Strain pointed out the worst thing I want to do is get staff going in one direction and -- and the board got me going in another direction. So I -- I welcome that suggestion. CHAIRMAN STRAIN: Well, I think what we ought to do at this point is think about suggestions and also the premise under which we would have a workshop to discuss the -- that's why actually I put this book together, so everybody would see what we needed to do and could do and we could have a workshop to discuss it openly. MR. SCHMITT: One of the things I would like for you to discuss or at least maybe send me your thoughts -- and I have not talked to my staff about this, but I'll talk to you about it -- there's -- you are basically empowered with one decision authority only and that is for boat dock extensions and some -- some types of things that you think could be relegated to your level of authority without having to go to the board, a certain parameter of a variance or some other type of things. Because, as you have seen, the board's schedules are just incredible in regards to the kind of agenda we're dealing with and are there certain things that the board would like to -- to relegate down to your level in regards to an approval within a certain parameter. And if you want to send me your thoughts on that, I would -- each individually and I could begin to look at and explore some of that and look at it with my staff as well. CHAIRMAN STRAIN: Good suggestion, Mr. Schmitt. Thank you. Mr. Schiffer-- MR. SCHMITT: You understood what I was just saying? I mean -- CHAIRMAN STRAIN: Yeah. Mr.-- MR. SCHMITT: I'll give you an example. At the last meeting we had a variance that was -- it went on forever and you-all approved it. But are there certain things you think if it's within a certain percentage, we -- we have authority -- the zoning director has authority for administrative approval should there be another category that the planning commission could deal with, and if it's beyond that, then naturally it would have to go the -- to the board. COMMISSIONER SCHIFFER: Joe, one thing -- CHAIRMAN STRAIN: Your minute's been eight so far, Mr. Schiffer. Page 27 "~"'<-, -,--_.,,-<~.~_."-,.'._--'" -'-'-""'-_"'_ ",lll*,,__""''''''' ~,,,,,,,,,._.._...-,..""..-...~-,,,"~...,,,,"",,,._,,.,,,,---- . '__"'0_' ..,"...,,----- 161 i 12~~ll1ber 15~OO5" COMMISSIONER SCHIFFER: Well, other people jumped in it so... CHAIRMAN STRAIN: I figured that would happen that's why I suggested we not start on this track because we're losing our break period because we have to start at ten o'clock with the next item. COMMISSIONER SCHIFFER: Joe, one quick thing is that other communities, the zoning appeals board is not the commission for that reason. MR. SCHMITT: Right. COMMISSIONER SCHIFFER: So that might be one way. The other thing, Mark, is that if we did come up with a recommendation, wouldn't we recommend -- we're advisers to the commission. So wouldn't we be sending it to the commission anyway? I mean, you're saying give staff something to do, but if it is unpopular, all's we could do anyways -- MR. SCHMITT: All ofthis would have to go to the board. COMMISSIONER SCHIFFER: And that's all we can do anyway. CHAIRMAN STRAIN: But, Brad, what I'm suggesting is we tend to beat everything to death. Why come up with a suggestion we're going to sit here, dwell on for 30 minutes, 20 minutes. Then staffs going to have to deal with it. Just ask your commissioner first ifhe likes the idea. Ifhe does, at least when it goes there at least one champion will be there to help us with it. That's all I'm saying. Ray, did you have a final comment so we can take a nine-minute break? MR. BELLOWS: It can wait. CHAIRMAN STRAIN: Thank you. We'll take a nine-minute break. (Short recess was taken.) CHAIRMAN STRAIN: Okay. The next item on our agenda is a time-certain item and it's a continuation ofa series of meetings that we've had on the LDC amendments Cycle 2005 -- Cycle 2, 2005. I don't remember the last date we heard this, but it's a continuation from the last date and from the date before that and the date before that. At this point, then, we'll talk to Catherine. Are you making the presentation, Catherine? MS. F ABACHER: Absolutely. I'm sorry. Let me get these -- CHAIRMAN STRAIN: One thing I've noticed, the commission was just handed a series of handouts and I know that we don't like these and I know that some of these are rather lengthy. One of them happens to be Golden Gate which hopefully we'll discuss and see where it goes. The other one has to do with affordable housing definitions and GAP housing. MS. F ABACHER: Mr. Chairman, the one that-- CHAIRMAN STRAIN: Let me finish, Catherine. What I'd like to do is, any of these items that were just handed to us, I would like to defer to the last items we discuss today in the hope that we'll have a break or a lunch period or something where we might have a chance of reviewing those a little more closely. Now, Catherine. MS. F ABACHER: Thanks. I just wanted to say that the copy of the Golden Gate that you got is just with color highlights. It's exactly the same document as in your packet. I apologize. The color copier is slow. We gave it to you in black-and-white. Michelle would rather you had it in color. CHAIRMAN STRAIN: Well, if anybody in the audience needs a copy from Golden Gate-- Cheryl, did you have the most recent copy? Because I don't need this. I already marked up another one. So I'll leave that up there for someone else's use. Oh, and let the record show that Mr. Vigliotti is present at this time. Okay. With that, Catherine, you want to move into the LDC amendments? MS. FABACHER: Yes, sir. We're going to be on page 1 of the summary sheet. And the first item that you asked to be brought back are the definitions for lots, yards and measurements. And this is also -- Page 28 1611 "'i;..- -----------..'-." -- December 15,2005 has to do with the second item too, the waterfront yards. Staff has been working on this diligently and you see what we've come up with, but we have still failed to resolve some of the major issues we were trying to resolve which is define exactly what frontage is on a flag lot. And what we are asking is that you could look at this, but hopefully we could try and bring something back with some illustrations. We just haven't had time to. MS. MURRAY: Can I speak? MS. F ABACHER: Yes. Thanks, Susan. MS. MURRAY: Susan Murray, zoning director. And I just want to apologize, first of all. The last draft we got was very late to us. It did not address the issues. And, honestly, I'd rather just not discuss it today and defer it till-- I hate to do this, but January 5th. And I -- and you don't have -- you may not have any land use items on your January 5th agenda. You may have very few. It's one or the other. CHAIRMAN STRAIN: Well-- MS. MURRAY: I apologize. But it's -- just honestly it's not worth even talking about today. CHAIRMAN STRAIN: Well, I do know that there is another draft out there. It's multiple pages long. MS. MURRAY: Right. CHAIRMAN STRAIN: Because I've seen it. I was able to see it yesterday. And I know that this commission, ifthey hadn't received it prior to now, may have a hard time going through it. So I have no problem with the idea of continuing it. MS. MURRAY: Okay. CHAIRMAN STRAIN: But at the same time is there a concern from staffs viewpoint because we had -- I was under the impression we needed to finish these up this year if we could. It's the 2005 Cycle 2. MR. SCHMITT: The -- the board will not see these until January. CHAIRMAN STRAIN: Okay. MR. SCHMITT: End of January. CHAIRMAN STRAIN: Then let's -- MS. MURRAY: Our main concern is we want to finish all -- as -- as many as we can because, of course, we want to be able to forward in writing the -- your comments to the board, your recommendations, and that's cutting it really, really close. Because we want to give them as much time as you have to review. CHAIRMAN STRAIN: Well, if we're going to be continuing items like this, then I would assume that one should be the first one and there might be others now that we know we have some time slots, hopefully not many. For example, we were handed two brand new ones today. We might -- we may want to end up having to continue those till the time we have to read them. MR. SCHMITT: That -- that -- that's fine. Because I have to advertise those, but I would only -- they're short. They're based on the guidance from the board in regards to the change in the definition. It's a very short definition -- definitional change. And it's also an application of -- of that definition now to the affordable housing density bonus agreement. Cormac can explain both of those. I would like to do that today just -- CHAIRMAN STRAIN: Okay. We'll-- we'll go forward. MR. SCHMITT: But -- but in order to officially vote, I do have to meet an advertisement requirement. So the vote on that will have to be delayed, but this is as a result, Mr. Strain, as you well know from the last week's meeting. CHAIRMAN STRAIN: Right. MR. SCHMITT: And I was directed to try and get this in as soon as possible. Otherwise, it would be delayed until the next cycle which really the board would not see until October of 2006. CHAIRMAN STRAIN: Okay. Well, then, let's just proceed at this point. Catherine, go ahead. Page 29 "m_"~.....,,,.,_.......,,, ,.".- -_..<._....-.._..,-~ ___,..~._.,__,..u,._._,..__._,.".'""._._ 161 ~ . -----...- December 5, 2005 COMMISSIONER SCHIFFER: Can I discuss that issue? I mean -- CHAIRMAN STRAIN: Which issue? COMMISSIONER SCHIFFER: The one -- the one we're going to continue. I foolishly spent time studying it. One issue I have and it's not the wording of it. I'll skip that. Is that for some reason you want to put it in 4.01.03 as opposed to the definitions. And I think that's an important thing. I think that would be burying it. That's in an area that has elevation requirements for all developments, kitchens and dwelling units and now, you know, setbacks and lot widths. MS. MURRAY: I didn't hear -- I'm sorry. I didn't hear the very first part of your comment. COMMISSIONER SCHIFFER: Well, what you're requesting now to do is to move it into -- into 4.01.03. Why is that? Because, I mean -- why are we in definitions anymore? MS. MURRA Y: We're trying to segregate and have a section where you actually have measurements. In other words, a description of how you measure things. COMMISSIONER SCHIFFER: I mean, we're throwing it in this -- with kitchens and dwelling units? MS. MURRAY: Can Ijust take your comments into consideration and look at it? COMMISSIONER SCHIFFER: Oh, okay. Another point that I think's important about that is that if you do have it under Definition, it just gets bolded throughout the code. And I think that this should be bolded. MS. MURRAY: Well, what -- what word are you using? Bolded? VoIded? I didn't hear what you said. I really don't have a hearing problem. CHAIRMAN STRAIN: Well, he's talking about bold type -- he's saying that if it's -- MS. MURRAY: Bolded? COMMISSIONER SCHIFFER: Never mind. Never mind. Forget it. Go on. COMMISSIONER CARON: It should be in bold. MS. MURRA Y: Oh, in bold. CHAIRMAN STRAIN: It should be in bold is what he's saying. MS. MURRAY: Okay. Thank you. CHAIRMAN STRAIN: Mr. Midney, I know you've got issues yet to deal with. I have no problem with that. So as not to distract from the members around you, when you get those calls, would you kind of walk that way if you don't mind? Thank you. Catherine, you want to continue? MS. F ABACHER: Okay. I believe we're ready to do the Golden Gate Downtown Commercial Overlay. And Michelle is going to present. And as we mentioned earlier, I apologize. You didn't get the color version in your packet. She handed you the color. It's exactly the same as what you had in the packet. CHAIRMAN STRAIN: Well-- okay. So pages 3 and 4 just to be correct -- pages 1,2 and 3 and 4 are being continued to January 5th; is that right? Because we started out talking about pages 1 and 2 and you're on page 5. MS. F ABACHER: Well, I'm on page -- I'm sorry. I'm on -- yes. I'm on -- right. Exactly. I'm on -- well, I'm on page 2 of the summary sheet so I'm looking at page 5. CHAIRMAN STRAIN: The book that we have starts with page 5 for Golden Gate. MS. F ABACHER: Correct. CHAIRMAN STRAIN: Okay. And by the way, let the record show Commissioner Adelstein had to leave for a medical reason. He'll be back hopefully shortly. MS. MOSCA: Good morning, Mr. Chairman, Commission Members, for the record my name is Michelle Mosca with the comprehensive planning department. Page 30 lc?ml)lS, 2005 The Golden Gate downtown center commercials zoning overlay is before the commission today for [mal review and recommendation to the Board of County Commissioners. At the Planning Commission's December 1 st LDC meeting the commission requested that staff look at (1) the landscaping standards in the overlay in terms of suburban versus urban application. Address outstanding issues related to the parkways right-of-way width specifically regarding the accommodation of the required landscape buffering and sidewalk. Also address issues related to seating and signage encroachments into the public right-of-way. And, finally, incorporate miscellaneous recommendations. Beginning with the miscellaneous recommendations, staff included in the permitted use table park-it parks which is on page 17 of the overlay. Also staff deleted SIC Code 7521 from the permitted use tables as requested by the former ad hoc committee. The category includes parking structures and parking lots. And this change is on page 11 of the overlay. Next as recommended by the ad hoc committee, staff removed the regulations that allowed encroachments for both seating and signage in the public right-of-way. These changes are located on pages 38 and 43. Staff added regulations to the overlay that would require a developer to locate any portion of a required sidewalk not able to be constructed in the right-of-way on private property and provide the county with an easement. This regulation is located on page 42 of the overlay. Staff also spoke with the transportation department and the regulation as written is sufficient, so there won't be any need for additional criteria written into the overlay. Finally, staff included in the overlay specific regulations for landscaping. The committee on behalf of the community had staffwrite into the overlay specific regulations that would buffer the established neighborhoods from the commercial development and provide regulations that would buffer the residential development within the district from commercial development. And if you have any questions, I'll go ahead and answer them for you. CHAIRMAN STRAIN: Well, I have a few, but there might be others that do first. COMMISSIONER SCHIFFER: I have some. CHAIRMAN STRAIN: Go ahead, Brad. COMMISSIONER SCHIFFER: And, again, it's back to landscaping and it's back to the -- are you having trouble hearing me or something? Because it's landscaping and, again, it's back to the buffering concept -- MS. MOSCA: Yes. COMMISSIONER SCHIFFER: -- and the perimeter foundations. We -- we are trying to create a-- as you call it downtown. Why are we having these landscape requirements around buildings especially buildings with no setbacks and things? I mean -- MS. MOSCA: My understanding for the most part those properties that develop either adjacent to the public right-of-ways including Golden Gate would not be required to have that foundation buffering. It's really going to be dependent upon how these lots are developed. And I also -- Nancy Siemion's here if -- if you want to hear from her regarding the foundation buffering. COMMISSIONER SCHIFFER: I mean, what it says here is that foundation plantings will be required for all projects except buildings adjacent to Golden Gate. So it's -- I mean, I understand buffering between residential. No question with that, but -- CHAIRMAN STRAIN: Are you -- do you have a suggestion, Brad, as far as-- COMMISSIONER SCHIFFER: Well, I -- I don't think we should have in an urban area foundation planting. I mean, I understand what that's for and it's -- this is not, I feel, an application for it. MS. MOSCA: I believe that the committee and the community -- that was their vision. They wanted a lot oflandscaping. And we actually held a meeting last week and a couple of the committee members decided they wanted that planting. Page 31 ._----", " -~,,-"" ..,-,- T _~"""".,,,,"","""'"__'''.I''''-''''"",,''''''',,"",,''''''''"''' "__"""'.".M'"~",_ ._-'~._-- 1611 d Decemher 15, 2005"' COMMISSIONER SCHIFFER: I'm not against planting, but do they know what foundation planting is? What that's saying is it's surrounding the building 5 feet minimum. Some cases it gets greater than that depending on the size of the building and the height. MS. MOSCA: Correct. COMMISSIONER SCHIFFER: You're going to have planting all the way around the building. Now, any downtown I've been to, I've never seen -- remember, you can't have a sidewalk there. So you're going to have a building. You're going to have a vegetative area and then between building, vegetation, you can't fit a sidewalk in unless you diminish the size of your building. I mean, is that the vision? I-- downtown I can certainly see trees. I just don't see them in perimeter landscape situations. MS. MOSCA: This is more of an infill area. So we have established neighborhoods. We have existing residential structures. So we're trying to -- I believe the committee as well as the community is trying to provide buffering -- buffering standards. COMMISSIONER SCHIFFER: Buffering, no question. But between this is the outline of this downtown and the residences certainly should be buffered. I'm talking about within the development itself, within the downtown area. MS. MOSCA: Perhaps we can -- COMMISSIONER SCHIFFER: I mean, if -- if the -- if that's what the committee wants. If the committee was aware of what foundation planting is, I'd feel more comfortable, but -- MS. MOSCA: Nancy Siemion actually attended our last meeting with the committee members. And we went through the landscaping code piece by piece. And we talked about each one of the regulations that are in the overlay right now in terms of all of the landscaping. COMMISSIONER SCHIFFER: And if that was done, the committee's happy with it, I'm happy with it so... CHAIRMAN STRAIN: Do you have any other issues, Brad, at this time? COMMISSIONER SCHIFFER: Uh-uh. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: Well, let's get going. Start on page 34. And Item 1 of the first top ofthe page it talks about the cessation of owner occupied -- nonowner occupied residential uses. And it's apparently going to be seven years after the effective date of the adoption of the downtown center commercial subdistrict and the Golden Gate Area Master Plan. Then in parentheses says, "Adopted effective January 14th, 2005." That's not the date you're trying to peg? You're trying to peg the adoption date ofthis particular addendum to that; is that correct? MS. MOSCA: This -- actually this provision in paren was -- I believe it's the effective date of January 4,2005, which would be the Golden Gate Area Master Plan Subdistrict Provision which would take it out to 2012. CHAIRMAN STRAIN: Because you're -- now you're going retroactive on the seven years which I'm not sure ifthe intent :from what I understood the seven-year time frame :from Margie was -- was what a long time ago we asked this question. It seemed to be considered fair for amortization of these uses. But if we were supposed to give them seven years, can we give them seven years :from a retroactive date or is it the date of this amendment? MS. MOSCA: I might have to defer to Marjorie. MS. STUDENT-STIRLING: I believe because this is in the comprehensive plan and once the comprehensive plan is adopted, it becomes effective. And we need to follow it. And certain provisions could be self-executing, that it would run from the date of the comprehensive plan when it came into effect. Page 32 16/1 --'-'---"-"~---'--'-"'- December 15,2005 And that's my understanding that that's what that date is. CHAIRMAN STRAIN: Wait a minute. The comprehensive plan, meaning what we're talking about today? MS. MOSCA: No. This is the implementing LDC provision. The subdistrict was -- CHAIRMAN STRAIN: Okay. MS. STUDENT-STIRLING: It was created in the comprehensive plan. CHAIRMAN STRAIN: Did we in the comp plan, though, discuss the seven years? I can't remember. MS. MOSCA: Yes. MS. STUDENT-STIRLING: Yes. CHAIRMAN STRAIN: Okay. That's all I was trying to get to. I wanted to make sure the seven years that started in that date it was fair to start there based on it was a known issue at that particular time so... Okay. MS. MOSCA: It is in there. CHAIRMAN STRAIN: Go down a couple and you'll see this Reference No.3 to density. "Density shall be as per the underlying zoning district." Now, the way I'm reading that is if you have RSF 3 and it's three units per acre and you want to do mixed uses, you can only do three units per acre; is that right? MS. MOSCA: That's correct. CHAIRMAN STRAIN: And if you have RMF 4, RMF 12, and RMF 6 the same way. MS. MOSCA: We have RMF 6 zoning as well as RMF 12. CHAIRMAN STRAIN: Well, you've got RMF 12? MS. MOSCA: Yes. CHAIRMAN STRAIN: You've got RMF 6? MS. MOSCA: Right. CHAIRMAN STRAIN: You've got RMF 4. And you've got RSF 3. The placement of those to me is not where you're going to want to primarily have your mixed use. More like in the -- towards the back lots you want -- you'd probably look at more mixed use in the front lots. I'm just throwing this out. I don't -- if the committee wants this, that's fine. But I don't know if this was pointed out. You got 12 and 6 on the left-hand side on the lower two lots and on the north you've got RSF 3. And on the -- along that stretch along Golden Gate Parkway you've got RMF 4. That's a huge variety of densities when I think you-all want to do it consistently. Why don't in this particular opportunity make it consistent? MS. MOSCA: I believe because of the limitations with the unit sizes written within the mixed use, I think that you will have consistency. I believe it's 1,500 square feet minimum for a residential unit. CHAIRMAN STRAIN: Okay. So the RSF 3 which is where I thought if you were going to have mixed use, that would probably lend itself pretty well. You feel that three units per acre -- I mean, I don't even know if you've got a whole acre in the lots that are thrown in together there. You feel three units per acre is adequate for that area because that's all they're going to be able to put there with this language. MS. MOSCA: Well, at this point we cannot be inconsistent with the Golden Gate Area Master Plan and the density. So we would have to take another look at that and perhaps amend the subdistrict first and the Golden Gate Area Master Plan to reflect a higher density. They would not be allowed a higher density under the existing conditions now. CHAIRMAN STRAIN: Okay. Because that's -- I think that's going to stifle mixed use in that area because you're really limited to how much you can put there in a RSF 3 section. MS. MOSCA: That's correct. Page 33 "'-------,,-,~,._-..-. -........,....~--" llJ __'___.N~'~<"~.'_,"~ """"--. .",... "11" ,.,.._.-~... '-"'-~--- 1611 December 15,2005 CHAIRMAN STRAIN: The minimum building footprint of3,000 square feet, can you fit 3,000 square feet in one of those small lots? MS. MOSCA: The lots are approximately 80 by 125, in can recall correctly. And the committee got together. They looked at various conceptual site plans based on the parking requirements, water, management, et cetera. I believe that you would have to probably combine somewhere around three to four lots in order to develop according to the overlay. So I believe your answer would be -- the answer would be no based on the additional requirements. CHAIRMAN STRAIN: Okay. So if anybody does want to convert any ofthis area to the future hopes, which is what this plan is, it can't do it on an individual lot if they own it. They have to aggregate some lots together. MS. MOSCA: I believe they would have to, yes. CHAIRMAN STRAIN: Just so everybody's aware. Was there any thought oftalking about smaller units so that if a boutique shop or something that doesn't -- I mean, 3,000's a pretty good size. There's a lot of small businesses out there. MS. MOSCA: That would be the minimum building footprint. CHAIRMAN STRAIN: Right. MS. MOSCA: But you -- you would be able to have several units within that 3,000 footprint to accommodate a small boutique, et cetera. CHAIRMAN STRAIN: Right. But a small boutique owner might only be able to put a small unit m. MS. MOSCA: I understand, yes. CHAIRMAN STRAIN: And do it without buying a series oflots and building a larger building. MS. MOSCA: Yes. CHAIRMAN STRAIN: Okay. On your page 36 you have -- and I'm glad to see that you went back to the Land Development Code and tried to be consistent with our current definitions. That's a really good move. But by the way you did it, it brings into question, Does everybody understand that a zoned height of 34 feet and a maximum height of 45 feet is going to be a very consistent skyline? And it doesn't give a lot oflatitude to put in what I see on page 37, such as architectural embellishments including cupolas and things like that. It limits those. And is everybody clearly aware of that? MS. MOSCA: We talked -- staff talked extensively with the committee regarding this issue. And my feeling is and my understanding is that's what they wanted, 34 as a minimum and 45 as a maximum. And there are members of the committee here to speak on behalf ofthe committee as well as the community. CHAIRMAN STRAIN: Well, I mean, I certainly will defer to their desires, but I really think that's going to produce a very typical standard skyline. I'm not -- I mean, a lot of communities are doing just the opposite. We have two overlays coming up next that have done just the opposite because they want that different orientation up and down and put some character in it, but that's fine. COMMISSIONER SCHIFFER: Mark, can I just question? CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: So the intent here is that all buildings are at 34 feet? MS. MOSCA: Minimum. COMMISSIONER SCHIFFER: But zone height is the maximum height the building can be. The definition of "zone height" in our code is the highest elevation, you know, depending on the roofline that building can be. And what you're saying is that all buildings shall have a minimum height -- zoned height. I mean, so you're locking the buildings in at 34 feet. Page 34 -~ -. ---------- -----~------- D~!~e!J 2005 MS. MOSCA: That's correct. COMMISSIONER SCHIFFER: And -- and the only thing above that is embellishments? MS. MOSCA: With the maximum it will-- if you can go a little higher without utilizing all the embellishments. You have to have some. Obviously, 45 feet would be the maximum. COMMISSIONER SCHIFFER: But I note there's no 25 story foot buildings. MS. MOSCA: That's correct. COMMISSIONER SCHIFFER: There's no 35-foot buildings. So why didn't you just say all buildings had to be 34 feet and make sure it doesn't look like it's -- but you're saying all buildings have to be 34 feet. MS. MOSCA: I understand. This is reflective of what the community's desires are. They -- they took a look at -- you know, they can speak to this issue as well, but they took a look at the existing development along Golden Gate Parkway and decided at a minimum they wanted the buildings 34 feet in height and that would be exclusive of all of the embellishments et cetera. Maximum inclusive of all embellishments and appurtenances would be 45 feet. CHAIRMAN STRAIN: I -- my thought of that would have been to encourage -- not encourage, but allow lesser heights so they could have this differentiation of stories going up and down. But that'll make it pretty monotonous. But if that's -- you know, I mean, I'm not sure how it will all tweak together, but, I mean, I understand where the committee was trying to go at this point. MS. MOSCA: Okay. CHAIRMAN STRAIN: That's fine. COMMISSIONER SCHIFFER: Mark, again, I'm just confused with the word, you call it "minimum height." But essentially it's a fixed height. You can't go higher. And by the definition of zoned height you can't go higher than 34 feet, can you? MS. MOSCA: Yes. With the appurtenances and embellishments, yes. You can go to three -- you can go to three stories. That would be your minimum height. COMMISSIONER SCHIFFER: But the appurtenances come in under the definition of "actual height. " MS. MOSCA: That's correct. COMMISSIONER SCHIFFER: Under the definition of zoned height -- I mean, so you want buildings that are allowed to have --let's --let's take a flat-roof building because it's easy -- a flat roof that's higher than 34 feet? I'm just worried about -- I think I know what you want to do here, but I'm not sure. You have to make it so everybody's sure. MS. MOSCA: Okay. COMMISSIONER SCHIFFER: In other words, do you want the height of every building to be 34 feet? MS. MOSCA: At -- at a minimum. I'm hoping that's what this language states. COMMISSIONER SCHIFFER: Okay. MS. MOSCA: We went back and forth with this language. And the zone height, I don't have the definition. CHAIRMAN STRAIN: Yes, it does say -- it does say that, Brad. It says the zoned height of a building shall be no less than 34 feet. It doesn't say they can't go higher as far as zone goes, but if they go higher, they still got to fit their embellishments, their parapets and everything else in 45 feet. That's where my concern IS. COMMISSIONER SCHIFFER: So I can have a flat roofed building at 45 feet with no embellishments? MS. MOSCA: I believe there's some requirements for embellishments, so I would have to say no. Page 35 --'-~'-'-'"'_.~-" ....., "....__e.,_.~"~_"m ., _........._<-......_""~"~...._,;." ---".">--.--- 1611 ., December 15 2005 ~.._~.__~___.m____~____.__ ________ m_m__,_, _ " " , " ,.._ CHAIRMAN STRAIN: Page 37 is where I was going to go next. And it folds into this conversation and -- and basically what it says is -- and on F, "Flat roofs must be screened with a mansard edge barrel tile roof extending the length of all facades." Well, in essence, if you go up to the minimum height of34 feet, by the time you put your air-conditioning and whatever else you got to put on top of the roof and you have to provide the screening, you're going to be at 45 feet and you're not going to be able to go too much higher with any zoned height anyway. MS. MOSCA: I agree, yes. CHAIRMAN STRAIN: All right. COMMISSIONER SCHIFFER: But if you recall in the zone -- the definition of zone height of mansard you're measuring to the deck level. So, therefore, you could have a little tip parapet, 8 inch, something just to control the water maybe, and then you would have the floor below it. So I could build a building with habitable area up into the 40s. The ceiling height could be, let's say 43 feet. If that's the intent, then that's fine. MS. MOSCA: And, again, this is the reflective of what the committee and community desires were. We just incorporated based on their comments and -- CHAIRMAN STRAIN: And this will be pretty -- it'll be a pretty -- a flat roof seem to be a -- I mean, that's going to be the trend here. COMMISSIONER SCHIFFER: Right. What you're going to call it is not what you want I don't think. When you gave illustrations and stuff, do you have -- I mean, next time bring those to us, too, to see what people are seeing. But, anyway, move on, Mark. CHAIRMAN STRAIN: Yeah. Page 39, Item l6A in the bottom of the page talks about the project perimeter buffing -- buffering. All projects are located adjacent to residential zoning external to the district boundaries and shall provide a 6- foot sidewalk and a minimum 19- feet wide landscaped planting area. Is the sidewalk incorporated in the 19 feet or is it in addition to the 19 feet? MS. MOSCA: The sidewalk is in addition to the 19 feet. CHAIRMAN STRAIN: Okay. So we're looking 25 feet back from the edge of right-of-way. MS. MOSCA: Well, the setback itself is at a minimum 25 feet. CHAIRMAN STRAIN: Okay. MS. MOSCA: And that would provide additional buffering between the established neighborhood and the commercial development as well as a softening effect for those residential structures. CHAIRMAN STRAIN: On page 40, Item B, Internal Project Buffering, it talks about Alternative B buffer, except walls and berms are prohibited. But then in the next sentence it says, a free-standing 6-foot high fence is -- if a fence is provided, it must be accompanied by a 3-foot hedge. So you can't have a wall and a berm, but you can have a fence if you have a hedge. Is that what -- is that how I read this? MS. MOSCA: If you -- if you choose to do the fence, you must also have the hedge, I believe, to soften the effect of the fence. CHAIRMAN STRAIN: But a wall is not allowed? MS. MOSCA: That's correct. Because what might happen in the future is that that individual residential structure may sell to a developer. So you probably don't want a wall there. CHAIRMAN STRAIN: But see -- MS. MOSCA: You mayor may not, but-- CHAIRMAN STRAIN: From maintenance and an aesthetic viewpoint, fences can be pretty shabby. Walls generally can be more regulated as they have been in Golden Gate Estates and our Page 36 16/1.., - "-------..---------- ___December 15 2005 .".__.__~". .", ,., ".,m neighborhood centers there where we've actually gone into very specifics on the walls and you can get a better opportunity to have a more appealing product. And walls are routinely tom down any time a development wants to move. I mean, it's a minor cost to an overall profit margin for developers. MS. MOSCA: Okay. CHAIRMAN STRAIN: I was just surprised you'd take out walls and leave the item ofa fence which to me -- I mean, you can put up a fence from Home Depot with some cedar on it and it falls down in a matter of time and who knows what happened. Nothing against Home Depot. I love the place. I go there all the time. But I'm not sure that you're getting an aesthetically pleasing argument -- issue here so... MS. MOSCA: I believe the intent was just -- just merely to protect those individual residences that are adjacent to the commercial development coming in, whether it's a fence, a wall. I think the committee decided on the fence and hedge together or just the hedge. And they would like to see a wall. We can always add that in. CHAIRMAN STRAIN: I'm just throwing it out for -- because I haven't had another opportunity to speak on this. Go ahead. COMMISSIONER MURRAY: Just a question. MS. MOSCA: Yes. COMMISSIONER MURRAY: They have to aggregate property anyway. Wouldn't that really just change everything if they're going to finally develop on a commercial basis from the residential? MS. MOSCA: Well, there's -- they'll-- there's a regulation in here that would allow owner-occupied residences to remain within the overlay district boundary. So, yes, if -- in, in fact, a developer came in and aggregated several lots, they would just have to provide the buffering next to any existing residential units. COMMISSIONER MURRAY: A fence would look really crappy. Okay. MS. MOSCA: And that was a decision made by the committee. We can, you know, defer to the committee when they come up to speak. CHAIRMAN STRAIN: Item -- on page 41, Item C. COMMISSIONER SCHIFFER: Mark, could Ijust -- could I go back and ask a landscape question? CHAIRMAN STRAIN: Sure. Go ahead. COMMISSIONER SCHIFFER: That 6 foot, 19 foot landscape, does that position the sidewalk any particular place? Does that have to be on the outside? Inside? Could it come down the center ofthat landscape or -- MS. MOSCA: That would just be on the exterior. It would be -- it would end up being on the fronts of those lots on -- adjacent to the local right-of-ways. COMMISSIONER SCHIFFER: Okay. So you would have property line, sidewalk, landscape or could you have property line, landscape, sidewalk? MS. MOSCA: Yes. Any-- COMMISSIONER SCHIFFER: You could have property line, 9 feet oflandscape, sidewalk, 10 feet oflandscape? MS. MOSCA: No. It's real specific. There's 19 feet oflandscape and a 6-feet wide sidewalk. COMMISSIONER SCHIFFER: But the location's not specific. MS. MOSCA: No. COMMISSIONER SCHIFFER: That's my question. MS. MOSCA: We -- we wanted to allow some sort of flexibility in the design. COMMISSIONER SCHIFFER: Okay. But you would not allow the landscaping to wander through the -- or the sidewalk to wander through the landscaping? That would not meet the intent of that? Page 37 " ,r""_,_,,,,",_.'_'''_''-' -... --_.. .,"~"~.__._...^...,,,...._","'~ . 16 J 1 '..' !; \'0 .\1-, December 15,2005 MS. MOSCA: I believe it would and I -- COMMISSIONER SCHIFFER: It would be nice. MS. MOSCA: I would defer to Nancy. I believe that was our intent to allow that as well. COMMISSIONER SCHIFFER: Okay. Thank you, Mark. CHAIRMAN STRAIN: Okay. Back on page 41. Under the sidewalks in paragraph C at the bottom of the page, you get into sidewalk concrete design. And I'm -- if I'm not mistaken, the code was changed to require concrete sidewalks. And I would wonder why we just wouldn't say sidewalks shall be concrete design pursuant to the Land Development Code because there are a couple different ways to do it that are very beneficial. And I'm just -- I don't know if you want to get into Class 1, 3,000 feet a side, 4 inches thick on top of 4 inch limestone base. Because there has been some alternatives of that that have been equal to or better than that system so... MS. MURRAY: We could go ahead and change that. CHAIRMAN STRAIN: On the next page, page 42, 19A, the last sentence, "This wall sign shall not exceed 80 percent of the width of the building occupied by a business." The building, now, if a building is 3,000 square feet and you divide it up into four businesses, does that mean the -- all signs for each business are aggregated into that 80 percent width or is it for one business? MS. MOSCA: No. That's not the intent. It's for one business. CHAIRMAN STRAIN: So if one business puts a wall sign up, the others can't? MS. MOSCA: No. I believe the way the code's written, this would also defer to the sign ordinance, is that the width of that particular unit 80 percent would be allowed for signage for each individual unit. CHAIRMAN STRAIN: Okay. That's where I was going. It's each individual unit? MS. MOSCA: Yes. CHAIRMAN STRAIN: Not per building? MS. MOSCA: That's my understanding, yes. CHAIRMAN STRAIN: Okay. COMMISSIONER MURRAY: Well, Mark, shouldn't that be modified, then, to reflect it? CHAIRMAN STRAIN: My concern, if she feels it reads the way it needs to and the code supports that, then I'm fine. But I didn't read it that way and that's why I was pointing it out. COMMISSIONER MURRAY: I agree with you. MS. MOSCA: What I'll do is I will check with Diana in signs and make sure we can maybe perhaps amend this to -- so it -- CHAIRMAN STRAIN: Just clean it up a little bit if you need to. MS. MOSCA: -- it can be clearly read, yeah. CHAIRMAN STRAIN: That's the last of my questions. I'm kind of anxious to hear what the committee's got to say. I see some people here, people here from the committee as well. Is that all you had, Michelle? MS. MOSCA: Yes. CHAIRMAN STRAIN: Does any board members have any other questions at this point? (No response.) CHAIRMAN STRAIN: Ifnot, who's handling public speakers? Catherine? MS. F ABACHER: I don't have any. MS. MURRAY: I have them. CHAIRMAN STRAIN: Oh, you have them. I was wondering who had them. MS. MURRAY: The first one is Don Peterson. Page 38 1 6/114 Decemher 15, ,05 MR. PETERSON: Good morning. CHAIRMAN STRAIN: Good morning. MR. PETERSON: In general-- CHAIRMAN STRAIN: For the record. MR. PETERSON: I'm sorry. Don Peterson. CHAIRMAN STRAIN: Thank you, Don. MR. PETERSON: Former committee member, ad hoc committee member. As we'd mentioned last time with the commission when we met the challenge of this particular area is it's an existing residential area, some multi-family, a lot of single family. And some of your questions this morning indicate particularly the landscaping issue taking the concerns and questions from the last meeting, we attempted to try to address those issues by your proposed language in front of you. The other concern I think we had from a committee aspect right from the get-go was that because of the specific area we're dealing with that's different than with the rest ofthe county, the concern of tying in a lot of language to existing county codes. Because county codes get changed easily for a lot of different reasons, good reasons; however, in this specific area, if that general reflective change is made to this area, it could have a significant impact to that residential area. If that makes sense. In other words, sidewalk issues, landscaping issues that they may find in some other part of the county, changing a requirement of that landscape isn't a big issue. However, our concern was that that would have an automatic reactionary effect to this specific area. So we were trying to protect the people in this area to not be concerned; that in general, codes get changed county wide; that if a code needed to be changed here, it would come back as a change specific to the overlay area. So that's what -- that's what we've attempted to do is try to tie -- even though it wasn't our intent to drill down as deep as we're going here, we certainly understand now why we need to drill down that deep. But that was -- that was the original intent to -- if a change needed to be made; landscaping, lighting, roadways, buildings or whatever, that the overlay would have to be addressed and not just a general change from a county-wide aspect. The -- and I think in general that's -- that's -- unless you've got something specific, I, once again, identify and can't say enough appreciation for Michelle meeting with us since we met last time. It's been a very fluid document, a lot of changes to it. It may not make a lot of sense and I would ensure, too, that maybe when it actually comes to a developer coming in to develop the area, and it was definitely the intent to have to take several pieces 'of property to make one commercial thing, it wasn't intended to allow one or two residential lots to be made into one ofthese things. So I would share that with you too. There's probably once a developer comes in and tries to do this, there may be changes. Then, again, I share with you that the intent was that specifically the overlay area try to be targeted, that that change needs to be made specific to the overlay and not just a general county code. Thank you. CHAIRMAN STRAIN: Don, if a developer comes in and needs changes, there's only two ways I can believe they got to do it. One is ifit's consistent with the GMP, they still have to come in and change-- they'd have to modify the LDC or ask for requested variance. Those are quite difficult processes anymore from a time viewpoint. So my issue here is, I am -- I'm a little surprised at the minimum -- the heights, the way you guys are locking yourselves into a box. But if the committee has envisioned it like that, I mean, I will defer to that vision. I just am surprised. It doesn't seem to be aesthetic -- one aesthetically as good as it could be so... MR. PETERSON: To our knowledge that's the existing requirements on the parkway is the height. Page 39 --.. ~-- ..-, _..,,,....,._;..,..,......"'1 - ~-~.. ------------------ -----,----- ___ _________n________ Dectm6rp 12005 -, And all we were doing, I believe, is paralleling what's currently required there. CHAIRMAN STRAIN: But the purpose of an overlay is to give you something better. I mean, with an overlay like Bayshore Gateway and that one's coming up in a little bit here. They went in and radically modified a lot of stuff and they're going to have, I think, a much more characteristic overlay. And I was thinking that's where you guys were originally headed. I mean, you can still -- I mean, I'm not saying it won't be that way, but I fail to see how it's going to give you that much character. But that's just a comment, and if you're satisfied with it, then I'm not going to oppose it certainly. MR. PETERSON: Understand. And in the preferred method we would have had one developer come in and say this was the area he wanted to work with. And we could have worked through what did we want it to look like. And, unfortunately, because we don't have that, we're attempting to address some of these building issues not knowing what all the design changes, potentials, material changes and those kind of things are. So we're attempting to be restrictive again because of the residential area that's already there, but yet try to say to the developers at the same time, if you take that whole area in general, then we were trying to not be real specific on some of the things to allow them latitude to do what they needed to do -- to do. CHAIRMAN STRAIN: Okay. Thank you, Don. MR. PETERSON: Thank you. CHAIRMAN STRAIN: Move on to the next speaker then at this point. MS. MURRAY: Michael Fernandez. MR. SCHMITT: Michael's in the hallway. CHAIRMAN STRAIN: On Golden Gate? MS. MURRAY: Oh, I'm sorry. He's Bayshore. Sorry about that. CHAIRMAN STRAIN: I thought so. Okay. That's it? MS. MURRAY: Yes, that's all. CHAIRMAN STRAIN: Okay. Are there any further comments from the commission? (No response.) CHAIRMAN STRAIN: Hearing none. Catherine, I'm assuming that to move these things forward, today would be the appropriate time to take a motion on each one and we'll get down with it. MS. FABACHER: Yes. MS. STUDENT-STIRLING: Mr. Chair, I just want to remind the commission as part of the motion you need to make a finding of consistency with the comprehensive plan. CHAIRMAN STRAIN: Okay. Well, the Chair will be looking for a motion to fmd consistent with the comprehensive plan the Golden Gate Downtown Commercial Overlay as presented in LDC Sections 20 -- 2.03.07 and 2.04.03,2.05.01,4.02.37. Is there a motion? COMMISSIONER MURRAY: I would move it has been found consistent with the growth management plan. COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Motion made by Commissioner Murray. Seconded by Commissioner Vigliotti. Are there any further discussions? (N 0 response.) CHAIRMAN STRAIN: And I'm assuming, Michelle, you will take our comments for the ones that needed to be cleaned up and provide whatever you need to to the next level at that point -- MS. MOSCA: Yes, I will. CHAIRMAN STRAIN: -- as necessary. Okay. Having heard all that. Motions are made and seconded. No further discussion. All those in favor signify by saying aye. Page 40 / J i .,,'" .. 0 1 ,., -------~-- ---.-._-~_._-,._._._.._. ._.__._--~-_._-_._-----_._-- ...---------------- ^-------- nDe~~mQer 15,200 . COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: No one opposes. Motion carries. Did someone speak? It's your turn. I heard an "00." Okay. MS. F ABACHER: I said all right. I said all right. CHAIRMAN STRAIN: Okay. MS. F ABACHER: Mr. Chair, then we're going to be on page 45 ofthe booklet. This is going to be -- this is a sea wall height issue. You recall last time currently we've left the language as it is. Last time, I think it was Mr. Adelstein that commented about that this -- why wouldn't we put -- what was it, Susan? Why would we -- MS. MURRAY: I think Mr. Adelstein's comments were -- he said, "Why don't you rather than the current -- what you have in front of you, the current version, why don't you simply put in that a sea wall should not be elevated for purposes of decreasing the required setback?" And we talked about that. I think we agreed with that in theory. I'm not sure we really received clear direction from you-all if that's the way you wanted to go. And that's why you don't see anything changed because we also had another discussion. I'll get to that in a minute. I think that's probably challengeable from the respect that, for example, if community development wants to get a letter from a registered engineer that said for some reason a sea wall needed to be elevated, I would personally have a lot of difficulty refuting that. And so they could elevate the sea wall and then come in with the reduced setback per the way the code is currently structured. That being said, the other discussion we had was with respect to the code oflaws of -- code oflaws and ordinances and the standards that were contained within there. And I think Catherine provided you with a handout about that. CHAIRMAN STRAIN: Uh-hOO. Yes. MS. MURRAY: Again, I don't feel like we got some clear direction. We had a kind of a roundabout discussion about that. Those are -- are engineering standards, per se. They're not necessarily Land Development Code standards. And they're also minimums. I don't know if you got a chance to read that. But they're not really going to accomplish what we need to achieve here. And I think the rules need to be in the Land Development Code as development regulations, not in the code oflaws and ordinances. So I'm not really sure where we left that one. And then you did have a public speaker that mentioned enhancing the standards as we had originally proposed them. And I'm not sure we got any direction on that either. So we're kind of back to where we were. We are satisfied with what we have so far, but, again, we're still open to direction. If you wanted to direct us to do Lindy Adelstein's, we're okay with that, you know. CHAIRMAN STRAIN: Ms. Caron. COMMISSIONER CARON: Yeah. I think that if you use the language that you've used, that if you just add that you measure from the inside of the sea wall cap, that that's where the measurement takes place from -- Page 41 ~,-~---..._-'" 'II_....~,.,-..",....,.."..,....- .,' _.,..,-...,,_._-....,,"-,,_.,,~"',-"'- ,"---- . .-.._---~_.- -----.--- --- -----."- rl~I~JJ~jf5 MS. MURRAY: From the back ofthe sea wall cap? COMMISSIONER CARON: The back. MS. MURRA Y: Which would be the most restrictive point? COMMISSIONER CARON: Exactly, the most restrictive point. Y ould probably cover it. The issue I would say on page 50 when I was reading the code here, I think it's pretty specific, though, about what a sea wall is. And it states here under Section 1, Definitions, a sea wall means any solid upright structure. And one of the issues was the entire issue of cantilevering sea walls out. And I would submit to you that this language says that that would not be allowed and it wouldn't be a sea wall if you did that. MR. SCHMITT: But a sea wall is different than a cap on a sea wall. The sea wall is a permitted -- you have to get a permit through one of the other agencies, normally through the Corps of Engineers. COMMISSIONER CARON: So we're still back to walls on top of sea walls. CHAIRMAN STRAIN: That's what this is. MR. SCHMITT: Right. But what we're trying to prevent is the cap. There's no -- there's nothing that restricts the cap. And -- and that is -- that is different than what you're looking at for the sea wall here. The sea wall is the actual constructing of a sea wall which is -- is the wall that both is retaining the earth and backfill and also is -- is -- is certainly -- it's into the water. It's below. Goes all the way below the water line. So I don't know if that's -- we're -- we're splitting apples here, I got to tell you, but that's the problem I had with the most recent incident. It was a cap, not a sea wall. It was not a replacement of the sea wall. And as a result it's -- it doesn't fall in anybody's purview as far as permitting other than -- than a registered engineer making the testing, stamping and sealing for the structural integrity of the -- of the structure. COMMISSIONER MURRAY: May I? CHAIRMAN STRAIN: Go ahead. COMMISSIONER MURRAY: Does that same engineer, is that person responsible for to verify that a cap upon that wall is as well certifiable or can -- can a cap be put on and not -- not have a certification? MR. SCHMITT: We would require -- COMMISSIONER MURRAY: We would require. MR. SCHMITT: I would require that it be a stamped and sealed drawing because it is not -- it is not -- does not fall under the Florida Building Code. COMMISSIONER MURRAY: Right. MR. SCHMITT: So it's not an inspectable item under the Florida Building Code. COMMISSIONER MURRAY: Okay. MR. SCHMITT: It's not a sea wall, per se -- COMMISSIONER MURRAY: Right. MR. SCHMITT: -- actually going out and building a sea wall because that requires -- normally that requires a Corps of Engineer permit under the Rivers and Harbors Act. COMMISSIONER MURRAY: But you're saying, then, procedurally you do have -- you have a-- MR. SCHMITT: I was just commenting. COMMISSIONER MURRAY: You have a device, if you will, right, a device. That is to say you would require something, but you don't have any substantiation from us to be able to support what it is you're trying to do or trying to control? MR. SCHMITT: I still -- I'm back to the -- in order to prevent this, is what welre trying to say is it must match to the properties to the left and right so that it can't -- you can't do this stairstepping. CHAIRMAN STRAIN: Joe, maybe I can help with some of this. MR. SCHMITT: Yeah. Page 42 16/1 . December 15 2e;05 -- ------- - ---....--.--..-.-.-- '-" ,,- -'-"_.. "-,,,,--,.. '" --, CHAIRMAN STRAIN: On page 54 under your general requirements that are part of the ordinance, I think it was 85-2 that was attached to our book. Under 3A, first of all, the location of a sea wall shall be placed so that waterward face -- this is the outside not the inside -- MR. SCHMITT: Right. CHAIRMAN STRAIN: -- is coincidental with the platted property or bulkhead line. So if that's a requirement, wouldn't you measure, then, from the -- from that wate;rward face"not the inward face, first of all? , Second of all, if you go down to B it talks about elevations. The capr this is the cap, not the wall -- the cap elevations for all sea walls and revettments fronting mi protected tidal waters shall be equal to or greater than elevation 4.5 and equal to or greater than 5.5. So is the issue you're trying to resolve is -- is preventing that cap from going higher than 5.5 because it has equal to or greater than in this ordinance? And ifthat's the case, does the ordinance need to be amended or does the LDC amend the ordinance? MR. SCHMITT: Well, unfortunately the ordinance is dealing with the construction of the sea wall. CHAIRMAN STRAIN: Right. MR. SCHMITT: The sea wall itself. CHAIRMAN STRAIN: But it says the cap which you had indicated was separate from the sea wall. MR. SCHMITT: Let me -- let me put it this way, then. A cap was put over the cap, I mean. CHAIRMAN STRAIN: Huh? MR. SCHMITT: There was already a cap on that sea wall. Somebody came in and actually just capped it again. CHAIRMAN STRAIN: Well, they just made a bigger cap? MR. SCHMITT: Right. CHAIRMAN STRAIN: So what I'm saying is, do you need to go in and amend the Ordinance 852, Item Section 3B so that the cap becomes regulated so the language that says equal to or greater than 5.5 is limited to a maximum? And I'm wondering if-- MR. SCHMITT: That -- that would probably be the -- I know where you're going now. That would probably be the way to go is to find limitations of what a cap would be and then define the height-- CHAIRMAN STRAIN: Right. MR. SCHMITT: -- limitations on the cap. CHAIRMAN STRAIN: I'm just offering that as a suggestion to help resolve the issue that we've got in regards to the language as proposed to the LDC. And more -- I'm also concerned is if we amend the LDC but we have an ordinance out there that is not consistent with the LDC from a legal point of view, which -- where do we go with that? MS. STUDENT-STIRLING: It sets up a conflict. Usually in a conflict situation the later in time will control, but it's better to try to harmonize it so you don't get there. CHAIRMAN STRAIN: Okay. Is there a suggestion from staff or do you just want to continue on the track run? COMMISSIONER SCHIFFER: Mark, can I make some comments? CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: One thing, Joe, I think cap is the part of the structure of the sea wall, I mean, the code requires, this code, that all sea walls -- concrete sea walls in this case have a cap which is a cast in place and what it does, it ties back and tightens the top ofthe sea wall. When a subdivision's made, that's really when a cap is put in. You can see they're all uniform. I mean -- what's the problem we're having here is people are breaking that uniformity. I think that alone is -- Page 43 ".---_." .., r'f IK ,--..~~~.....-....--,""-",..,,,. ,,--,~..- ..--'.. ~,.w_ .~,._-~--~ --- -.. ----------- -- DeC~m~e! J 200~ is an ugly problem. Forget the reason why they're doing it. MR. SCHMITT: Right. That -- that's what we're trying to prevent is -- I can go back and look at -- COMMISSIONER SCHIFFER: But let me finish that. What I'm thinking is in the subdivision requirements, isn't the sea wall -- I mean, we don't really have these kind of projects anymore so we may have forgot how we do them, but isn't the sea wall essentially established at the time of the subdivision? And -- and by the definition it's holding back. And, Margie, what is real property? What does that word mean legally? MS. STUDENT-STIRLING: Real property? COMMISSIONER SCHIFFER: Yeah. Because the sea wall's holding back real property from the water. MS. STUDENT-STIRLING: Well, real property is land and all the bundle of rights that go with land, but it's land. COMMISSIONER SCHIFFER: So essentially what the sea wall-- they're in a subdivision where you're going to be building one. And, again, that would be Rusty, the sea wall height's established. The land grade is established at that time and it's filled up to the back of the sea wall. The sea wall is engineered to hold back that amount of land. It's engineered with tiebacks, right, the wall itself and the cap is part of that assembly. MR. SCHMITT: Right. COMMISSIONER SCHIFFER: So, you know, I think for somebody to go in and just put a cap on it anyway would require re-engineering of, you know, the whole system. You would have to discuss the loads, the dead weight it can carry, the loads of the soil. Ifhe's building the cap and not filling behind it, I don't think he's building a cap on the sea wall anymore because he's no longer holding back real property. And -- but ifhe did, somehow that made sense that he would have to engineer that. I could see that as a serious problem in coastal areas where the scarring ofland is exactly what FEMA wants to prevent. So if somebody did via raising the cap raise their site, they would cause an amazing scour problem for the neighboring property. But I think what the code here we're trying to do is I think is cure the problem where we're getting these sea walls popping out of nowhere and they are higher than the neighboring property. So I think this is good. I think, Don, I would measure from the face of the -- of the thing like the code says. That's-- essentially the property line is the waterside face of the sea wall. MR. SCHMITT: That's what it's supposed to be. Actually, in -- in the area that we're dealing with, most of the property lines are two and three feet into the canal. COMMISSIONER SCHIFFER: Correct. But essentially I would take the code that if you could push your sea wall up to the fact that your face is at that property line, then I think that that would be the point that we should be measuring from. CHAIRMAN STRAIN: Well, then you automatically change the setbacks radically at Vanderbilt Beach because they have two to three feet in the water -- oh, you're saying measure from the sea wall. COMMISSIONER CARON: We -- we already do that now. MR. SCHMITT: We -- we measure now from the least restrictive which is the most outer edge of the -- the cap. CHAIRMAN STRAIN: Okay. Well, all that seems to contradict a little bit the ordinance that was included in our booklet. And all I was suggesting is we may want to clean them both up instead of just one. MS. STUDENT -STIRLING: I think that would be best. CHAIRMAN STRAIN: How does that ordinance like that get cleaned up, Margie? That's got to go before the board, doesn't it? MS. STUDENT-STIRLING: Yes. It would go to the board as part of the code oflaws. Page 44 16/~ --------..--------- --------~----_._._._--_.__._----- n December 15 005 , ""--,,,---'---,---, CHAIRMAN STRAIN: Okay. So it wouldn't come to us. So we need to deal with what we have in front of us today. MS. STUDENT-STIRLING: That's correct. CHAIRMAN STRAIN: And now with that suggestion, maybe somebody can clean up the ordinance. MS. STUDENT-STIRLING: That's right. CHAIRMAN STRAIN: Okay. So let's go back on what we have in front of us today. COMMISSIONER SCHIFFER: And I have a comment on that. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: Is that I think in using instead of the word down there, we're discussing the height, it shall be no greater than the average elevation. I would rather -- instead of the word "greater" shall have no higher elevation. Because greater, I don't know what "greater" means. I mean, I know what the intent here is, but it's an elevation issue we're dealing with. Greater could be -- CHAIRMAN STRAIN: How about shall not be in excess of the average elevation? COMMISSIONER SCHIFFER: I think, shall have no higher elevation than the average elevation of the -- MR. SCHMITT: Do you have that, Catherine, that language? MS. F ABACHER: Shall -- shall be no higher; right? COMMISSIONER SCHIFFER: Right. Than the elevation. MS. F ABACHER: Than the elevation. COMMISSIONER SCHIFFER: Average elevation. MS. F ABACHER: The average elevation. Okay. MR. SCHMITT: And that's why I'd prefer to have this language in the LDC and then we'll go back and then amend the ordinance or laws and ordinances. COMMISSIONER SCHIFFER: And then I think instead of the word "sea wall," maybe the word "sea wall cap" just to make it clear you can measure off the top of the cap. MR. SCHMITT: Good. MS. F ABACHER: Gotcha. MR. SCHMITT: Now, what was the clarification on the point of measurements so I make sure we're -- because I heard two different -- CHAIRMAN STRAIN: I think you've -- you've addressed that by saying there's -- the most -- the least restrictive point is already in the code and that's fine. If that doesn't conflict with 85-2, fine. But 85-2 is very specific, so you may want when you fix the cap in 85-2, fix the sea wall language in 85-2 from -- MR. SCHMITT: And the least restrictive point is not the issue here. The issue was let's raise the wall so I can bring fill in and then eliminate this 4 foot for every 10 foot back -- every 4 foot of rise you have to go 10 foot back. And the attempt was to eliminate the 4 foot of rise. And mainly what was creating that was because of the homes that were being built up to the FEMA elevation. COMMISSIONER SCHIFFER: What was the least restrictive point? In other words, somewhere at setback it says -- MR. SCHMITT: It would be the waterside edge of the cap. COMMISSIONER SCHIFFER: Of the cap. MR. SCHMITT: Yeah. CHAIRMAN STRAIN: Okay. COMMISSIONER CARON: So that -- yeah, I think it will apply to a cap on top of a cap? MR. SCHMITT: Well, what we're trying to eliminate is somebody putting a cap on top of a cap. COMMISSIONER CARON: I know. Page 45 ^.--.-.-, -_._---,,_.,_..._."-~~._-""~ "'lI' "/I _........""'-".'-".~,,~,," ,- ..-.--,-,.-._._. ''<:I n - -- -- -------- -- ---------- D~ce~bL ls,~'5 MR. SCHMITT: Unless they come in and did an entire stretch of the canal. COMMISSIONER CARON: At once. Okay. MR. SCHMITT: And that may again be a practical approach if one were to come in and -- and redevelop an entire community. You might have to do that just to bring everything up to FEMA elevation. And I'm trying not to create a code that will -- would absolutely prohibit that from happening. Because I -- I want them. They have to build. I'm not going to give anybody a variance to build below flood elevation. CHAIRMAN STRAIN: Okay. Is there any other questions from the commission? COMMISSIONER SCHIFFER: Just on that point, Joe, when we have the definition for water -- even though Janet ran away -- it doesn't really say that. It says it's measured from different elements, one of which is the sea wall, whichever is most restrictive. I don't think it means the most restrictive part of the sea wall. MR. SCHMITT: And I'm going from memory because this goes back several years. We had -- COMMISSIONER SCHIFFER: It's in your book on page 2, if you want. MR. SCHMITT: We had somewhat of a -- we had a -- we had the kind of an internal policy of points of measure. And in almost every case it was the least restrictive depending on the reason you were measunng. COMMISSIONER CARON: Whichever is most restrictive, it says. COMMISSIONER SCHIFFER: Right. It doesn't say least ever. COMMISSIONER CARON: Not least restrictive, most -- most restrictive. MR. SCHMITT: Well, that's what they're changing this to. COMMISSIONER SCHIFFER: Well, no, that's -- I think that we're bringing back in the old code is what we're seeing there. So essentially we're under the belief that that's what the old code was. MR. SCHMITT: Well, the most restrictive would be the landward sign of the cap. COMMISSIONER CARON: And that's what we'd like to see in the new language here on the sea wall cap as well. That becomes the most restrictive, not the least restrictive. MS. FABACHER: Well, if you began measuring, if you wanted to be the most restrictive and you began measuring -- measuring from the water -- I think you had pointed out the waterward base ofthe sea wall. MR. SCHMITT: No. The waterward base of the sea wall would be the least restrictive because you're getting the distance of the cap. MS. FABACHER: Oh, you're right. You're right. MR. SCHMITT: That's what creates this cantilever. Somebody put a one foot kind of extension. CHAIRMAN STRAIN: But this LDC amendment is strictly referring to the height of a sea wall. MR. SCHMITT: Right. CHAIRMAN STRAIN: It's not talking about-- MR. SCHMITT: Talking nothing about point of measurement. CHAIRMAN STRAIN: Right. So why don't we -- why don't we focus on this piece of the amendment today. And if there's other language come along in the future, fine. We're talking about the height of the sea wall. Are there any other questions from the Planning Commission regarding the language or -- and the height of the sea wall? COMMISSIONER SCHIFFER: And I'm going to be a little bit contradictory, Mark, but actually the language we're working in here is the setback dimension from a sea wall. So I do think that if there's confusion which obviously we show there is, we should clear that up in the phrase too. CHAIRMAN STRAIN: Well, wait a minute now. COMMISSIONER SCHIFFER: We're in -- the section we're in is setbacks. CHAIRMAN STRAIN: Wait a minute. Page 46 ______n______ _ __ _m______________n__________, -------------- ,---- ~ ... - - - ----- J~Jl~,20Q5 COMMISSIONER SCHIFFER: Not just heights. CHAIRMAN STRAIN: The underlying language, the benchmark elevation on top of sea wall or top of the bank will determine the setback for the rear yard, accessory setback on the parcel shall be no greater than the average elevation of the top of sea wall or top of bank of the two immediate adjoining parcels. It's saying the benchmark elevation. It's not talking where on the sea wall you measure the setback. It's talking about the elevation from determining -- for determining the setback. COMMISSIONER SCHIFFER: My point is, though, that last half of the paragraph is discussing the setback of the sea wall. So I do think that if we have this confusion, that should be cleared up. CHAIRMAN STRAIN: Okay. Well, I think it's determining -- I think it's trying to discuss where you measure the setback from. Where you -- when you -- the height that you have to -- that you kick in that measures the setback, not where the setback is measured from, but whatever you want. MR. SCHMITT: What this language does is control the elevation of the sea wall, not the point of measurement of the setback. CHAIRMAN STRAIN: That's what I read it to be too. MS. FABACHER: And that -- and that would have been addressed in the waterfront yard definition. CHAIRMAN STRAIN: Correct. COMMISSIONER SCHIFFER: And we'll save it for when that comes back. CHAIRMAN STRAIN: Okay. So now we're back on the elevation of the sea wall. Any further discussion about the elevation of the sea wall? (No response.) CHAIRMAN STRAIN: Joe, is there any public speakers and whoever has that, keeping track of that? MS. F ABACHER: No. No. There's no one here that I have a slip for for this. CHAIRMAN STRAIN: Okay. I know Bruce is here. He was here. He's sitting here patiently, but ifhe's got nothing to say, that's okay with me. MR. SCHMITT: I'm confident this solves -- CHAIRMAN STRAIN: Okay. MR. SCHMITT: -- the biggest problem. CHAIRMAN STRAIN: With that, then, 1'11-- we'll look for a motion to find -- find LDC Section 4.02.03 as amended or as -- with the word "cap" and use sea wall in higher and in word -- in place of "greater" and find it consistent with the growth management plan. There's a motion. COMMISSIONER SCHIFFER: So moved. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Motion made by Brad Schiffer. Seconded by Commissioner Murray. Any further discussion? (No response.) CHAIRMAN STRAIN: All those in favor signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. Page 47 .__~_____'"_i_",'_._'"_._.... --".~..-"~.,,"'._._-.!il ..- ,--..-- ~.__._--,--,--,,,.'._,_._- Dec~m~e} 1 J. 20~O~ -- ---_._------~---_. -~--_._._--- ..,.., .... ,,___.. n_ ,..'_..n..... _.._,..... COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: This one's done. MS. F ABACHER: All right. Commissioners, on page -- in your booklet page 63 we have the variance for Plantation Islands brought back and Assistant County Attorney Stirling is going to present on this. MS. STUDENT-STIRLING: Thank you. For the record, Marjorie Student-Stirling. And this is an amendment. I understand there were some questions from the last meeting by the commission as to what area of Plantation Island this applied to. This is an amendment to implement an agreement between the Board of County Commissioners and the Department of Community Affairs to allow certain lots that's depicted on the map that's an attachment to the agreement and that area only. It's an unrecorded subdivision to come in for a variance to develop lots that are completely covered by mangroves. Because this area is subject to the area of critical state concern regulations, lots that are completely covered by mangroves, that the regulations do not allow mangroves to be removed. DCA, also there's an anti taking provision in Chapter 380, the area of critical state concern rules. So because the antitaking's regulation in the area of critical state concerns statute, this allows DCA to enter into an agreement with the county to permit this. And then this LDC amendment implements that agreement with the Department of Community Affairs allowing for a variance. CHAIRMAN STRAIN: Thank you. Other questions from the panel? COMMISSIONER SCHIFFER: I have one, Mark. CHAIRMAN STRAIN: Go ahead. COMMISSIONER SCHIFFER: Mark, in the -- Margie, in the phrasing here a group of adjacent lots and also a single lot, does that mean that if somebody has more than one lot they can only fill in 2,500 square feet? MS. STUDENT-STIRLING: If -- yeah. That -- that -- what that means it's aggregated and they can only clear that much in mangrove off. COMMISSIONER SCHIFFER: So essentially that would encourage somebody to sell the lots off and then individual people could do 2,500 or is that the lots as they are the day of this ordinance? MS. STUDENT-STIRLING: Well, I think if someone were to sell it off, then they would be able to. Yeah. I think they would still be able to 'sell it off and then, you know, clear that part of the lot. I don't think there's any prohibition on that. I think there'd be a problem to try to prohibit people. It's just if you owned three that were contiguous right now, you didn't get to do that three times. COMMISSIONER SCHIFFER: Okay. But you can sell the two lots off and those people that you sold it to would have the right? MS. STUDENT-STIRLING: That's -- yeah, that's correct. COMMISSIONER SCHIFFER: Thank you. CHAIRMAN STRAIN: Are there any other questions of the panel? (No response.) CHAIRMAN STRAIN: No? Are there any public speakers? MS. F ABACHER: No. CHAIRMAN STRAIN: Okay. We'll entertain a motion to find LDC Section 9.04.02 consistent with the growth management plan. Is there such a motion? COMMISSIONER MURRAY: So moved. COMMISSIONER TUFF: (Indicated.) Page 48 - - --_._~--,_..- ..-- -~-_.__._----_.__._--_.__.._._----- _1~jblJ5,2oo5__ CHAIRMAN STRAIN: Motion made by Mr. Murray. Seconded by Mr. Tuff. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER ADELSTEIN: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER TUFF: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. Another one done. The next issue we are on is the Bayshore Gateway Triangle. And I notice Mr. Jackson is not here. MS. FABACHER: Well, let me -- Mr. Jackson and Mr. Ehardt were here so... MR. SCHMITT: They're here. They're out in the hallway. CHAIRMAN STRAIN: Oh, okay. For the benefit of the Planning Commission, we're going to get started on this. Do you want to -- if this is all we have left today and I think it is -- MS. F ABACHER: We have to go back to the original, the ones we -- the new ones we looked at that we said we were gonna -- CHAIRMAN STRAIN: Yeah. But rm trying to figure if we really want to -- we can blow through this, I think, and not take a lunch break if that seems to be consistent with -- if it looks like we're finishing up, rd rather just keep going for a little past 12 if Ms. Ford -- okay. Well, let's take a ten-minute break to give the court reporter to change her paper. Thank you. (Short recess was taken.) CHAIRMAN STRAIN: Catherine, you're not passing out more amendments, are you? MS. F ABACHER: No. No. What we did was you remember the opting-in process that we had and now we've changed the process and it works very closely -- CHAIRMAN STRAIN: Let's not --let's ask the question. We're on the record. MS. FABACHER: All right. rmjust handing these out. CHAIRMAN STRAIN: Yes. Everybody please try to calm down and quiet down a little bit. The court reporter can't even hear what's going on. Thank you. I like to blame it on the court reporter. Then I haven't got to get blamed for it. As soon as we get this handout and everybody re-seated, we can resume the meeting. MR. SCHMITT: Catherine, you want for the record please state where we are on this. MS. F ABACHER: All right. Weare on page 70 of your packet and this is the Bayshore Overlay Amendment. For the record, this is Catherine Fabacher. David Jackson is here and Joe Ehardt. Let me state first that we've been working all along on this to finish it up. We had an opting-in process that we had written, but we didn't -- we didn't feel that was sufficient as far as for public participation and all that sort of thing. So what we've done is come up with an abbreviated -- not abbreviated, but another process for mixed-use approval which is what you just got. Mr. Jackson has a place saved for it in the ordinance here. So, anyway, rm going to let them go ahead and then we can possibly talk about this process now, approval process that's going to replace the opting in. CHAIRMAN STRAIN: Catherine, just for the -- so you know, I notice there's a lot of new yellow Page 49 --, '1' _..;-...._,..,,>f__""""'......,_~~"_.,_,._...._ .~.-"--"^--..- ~ 'l . ~ - -- -------------..- De em 15 05 " ,,_u_ ,__,_ sections in here. And I don't know who wrote those, but they did a pretty good job. This is in a lot better shape than it was the last time and I appreciate the efforts put forth to get it here to us today so... MS. F ABACHER: Well, let me say this, they're copied right out of the growth management plan. CHAIRMAN STRAIN: Oh. MS. F ABACHER: I had asked the applicants to copy certain sections and they just put the whole thing in. So I -- I am prepared to tell you which sections need to stay in. CHAIRMAN STRAIN: Well, that does make it simpler. MS. F ABACHER: No. That's just the ones that -- that qualify who is eligible for these density -- bonus density units. That what I asked him was to be sure he had those criteria, because it's on certain streets and access and it didn't appear in the LDC. CHAllUdANSTRAIN: Ok~. MS. FABACHER: So I didn't want him to copy the whole thing. Just who was eligible for the units should be here in this. CHAIRMAN STRAIN: Well, let's go forward with the presentation and does that-- COMMISSIONER SCHIFFER: Mark, just before we go, just out of clarity, Catherine, where does this go into the code? I'm not sure. Is it -- is it 20307? MS. F ABACHER: 1. COMMISSIONER SCHIFFER: Two? MS. F ABACHER: No, 1. COMMISSIONER SCHIFFER: I2? MS. F ABACHER: No, it would be 1. Each one of the overlays has a different capital letter. COMMISSIONER SCHIFFER: Okay. All right. Well, what I'm thinking is this stuff that you just handed me, does this replace -- MR. SCHMITT: Yes. COMMISSIONER SCHIFFER: -- the two that says future land use growth management? MS. F ABACHER: Yes. COMMISSIONER SCHIFFER: Okay. All that nice wording Mark likes, you're going to take that out and replace it with this? MR. JACKSON: David Jackson, the Bayshore Gateway Triangle Redevelopment Agency executive director. It would replace paragraph 2 under 1. COMMISSIONER SCHIFFER: Okay. MR. JACKSON: Excuse me, paragraph 3 under 1. Okay? Not 2. Two is the growth management plan future land use. Number three should be on page -- small page 7. COMMISSIONER SCHIFFER: So this should have a number three, not a number two on it? MR. JACKSON: It should be three which is on page 76, the handwritten 76 where it says "Mixed-use approval process in the mixed use subdistrict zone in BUMD-NC or BUMD-W." Now, this is the language that you see in your spiral bound notebook was placeholder language. And Ms. Fabacher and other people on her -- with her staff worked on the handout that you have there which expanded and increased the language and put in some requirements; is that correct, Ms. Fabacher? MS. F ABACHER: Exactly. CHAIRMAN STRAIN: Okay. MR. EHARDT: Joe Ehardt. If you see at the bottom of page 76 the old No.3 is struck out. That's what we had when we were here last time about the opting in. COMMISSIONER SCHIFFER: Right. MR. EHARDT: Okay. So that's out. And this new language that you have in your hand is going to replace the current one. Page 50 16/1 ~~- ----~---~--~- ~~~~- ~-~ - -- -- - ----- ~ ~~ ~ -------December J5, 2005__ CHAIRMAN STRAIN: Okay. If you fellows -- I don't know if you need to make a full presentation like you did before, but if you want to comment on any of the issues, we can start working through it. MR. JACKSON: Mr. -- Mr. Chairman, I have been made -- advised that there are public here to make public comment. The last two times that we've been through this back in September, again, we had people come for public comment. Because these meetings lasted four, five and six hours people had their lives to live and were not there when the public comment portion came up. At your discretion, sir, some people are here to make comment on portions of either the Bayshore or the Gateway overlay, your option if you wanted to bring them up first now or later on. It's up to you, sir. CHAIRMAN STRAIN: I'll let you take that call. Normally we hear the applicant first. But if you would rather hear the public and then respond to them, I have no problem with that. That's just as -- equally as fair. So if you want, if you don't mind them deferring your -- you till after they get done, I'll be glad to hear -- we'll be glad to hear them first. MR. JACKSON: Well, yes, sir. The only -- the only caveat on this is that when they make comment, we may end up getting embroiled in a conversation about a certain section of it and, you know, we may digress into that that way. I would prefer at your option, sir, is that if somebody cannot stay here through the duration oftoday's meeting, let them offer to make their comment and then when we get to that section, take their comments on board and discuss it accordingly. CHAIRMAN STRAIN: Well, how many public speakers do we have? MS. FABACHER: We have a Michael Fernandez, Michael Neat. Well, Joe signed one, but he's a presenter, so we have two. CHAIRMAN STRAIN: So we have two public -- MS. F ABACHER: So far. CHAIRMAN STRAIN: Well, let's hear from both members of the public now and that way they can leave and if -- if they feel like it and then later on through your presentation you can weave in any concerns they have. MR. JACKSON: Yes, sir. I was just -- just trying to keep the public participation involved with what we're doing here. CHAIRMAN STRAIN: We appreciate that. That's where we go too. MR. F ABACHER: All right. I think Mr. Fernandez gave me the first slip. CHAIRMAN STRAIN: Okay. Thank you. I have to ask you to keep it brief, please. MR. FERNANDEZ: I'll try. The -- we just received, as you probably have, this amendment for the mixed-use approval process. So I literally received it just a couple moments ago and I had a brief conversation with staff about it. And it's one of the more significant elements of what's being proposed here because it would basically require any true mixed use that's being proposed to go through this process. In the prior case it said rezone. In this case it says rezone. And that would trigger a whole set of parameters that -- that process would be subject to. My understanding from staff just a few moments ago is that they would delete this word "rezone" out of here so it doesn't trigger all these other requirements. So that's a good thing in our opinion. However, having said that, in review quickly of what they've submitted, they have basically said that you're going to submit for a site development plan and go through the site development plan process to the extent that you've been deemed complete and are approvable. In other words, they would ordinarily approve that process and then they will schedule you for this truncated review process that basically has a public meeting process and a Board of Commissioners approval process. Right now I would suggest to you that the average SDP is taking approximately well over six months. You may be looking at a year as far as getting an SDP process as far as submittal, application, Page 51 __._.__.o....>__"_"......._.._.....__..,...~. ~, "~-"-~--'-q- "'"'-.--..- ." '61~~ ] , I~.. December 5 2~5 - ----~~..,-- ...,_.._-----------~------------_..,--------_._- - _______..._m________..__..__m - - ,...-- --------.. - -, ,- .., -.. subsequent reviews, et cetera, and you going through that process. My understanding is that you wouldn't be scheduled for this meeting or -- or for this public hearing process until you completed a SDP process deemed sufficient and address all staffs' concerns. That would be transportation, you know, how you laid out the site, you know, turn lanes, water management, utilities, et cetera. That's an extensive process. That will act as a disincentive to redevelop. What we're looking for and what we had understood is that this would be an administrative process. It does not need to go through a rezone process. And the units would become first -- first come, first served. And that was our understanding of it. It's supposed to be an incentive for redevelopment. Our clients are looking at this right now and they have a significant parcel. They have 200 units on it. If they have to wait and go through and expend very significant dollars both from the SDP -- you've got to submit an architectural design standards, you're looking at expending a very significant sum of money -- only then to be -- have the authority or the -- to go forward into the public process. So now we expended a huge amount of money totally at risk because we don't know if you're going to get those units or get that proj ect approved. CHAIRMAN STRAIN: Mr. Fernandez, maybe I can short-circuit this. First of all, I think we all understand you're objecting to this new language to some extent. We have not read it. We were handed it today. And consistent with my policy as far as me personally on these issues, I don't intend to vote on this today at all. MR. FERNANDEZ: Okay. CHAIRMAN STRAIN: It's three days of intense work and if staff can't get it to us early, then I don't think they're going to be counting on a vote from me today on this. Now I'm not -- can't speak for the rest of these planning commissioners, but this one in my book is going to be put off. So I don't mind hearing your objections to it. I'm glad you put them on record. I'm sure that if this gets deferred to a future date, they will -- it will be reviewed in that context. And I -- I appreciate those comments. If you have other focused issues on the balance of it, it certainly would be nice to know what those are. MR. FERNANDEZ: Yes, sir. The next item I think I would like to do is just go to the front, the intent of this project. The overlay project was essentially to develop a pedestrian friendly roadway mixed-use development. And what we're seeing is that the code basically has been written for a grid, I think, friendly environment. For instance, if you go to Fifth Avenue, they have roadways at both ends. There's six roads that intersect with that -- with Fifth A venue. It's a true grid environment and it works that way. What we have on Bayshore is a four-lane divided highway. And I think some reality has set in. And, for instance, I understand now that there's a transportation study that's ongoing that is going to evaluate the ability for such a road to actually have parking along the roadway and be able to create that friendly pedestrian atmosphere versus what we really have which is a -- a conduit basically that's going to serve an awful lot of units, units that are abutting this property, projects that are PUDs that anchor perhaps the southern end. We're looking at a very significant number of traffic flow. And I don't know if the way these development regulations have been written, I don't believe they address that. I believe what they address is that pedestrian friendly environment that Fifth Avenue has where the cars are driving 15 miles an hour, not 35 miles an hour, if you were to reduce the speed limit and perhaps have parking on Bayshore, what you then would actually have is that friendly environment, but you'd probably have a concurrency problem because there is no other way for the grid system to work. So when I read, for instance, that the buildings have to be setback or to a build line that's five feet away from the property line, I've got a real problem. For instance, on a project like ours, transportation-- we've met with transportation. They say we're going to put a turn lane in. I don't have a problem putting a turn lane in. I think it's needed given our circumstances. Ifwe put a turn lane in, that turn lane will cut into Page 52 1611 December 15~O5 -- ----_._-~-- ---------.--.-------- -~~~,_....- -,.._,..,--" ,,- ~"--, the existing right-of-way. What we will end up with is a building that's set back from the edge of pavement ofless than ten feet. We put a sidewalk in there. That's not a very friendly environment to deal with. It really doesn't give us an opportunity or -- and perhaps as a conflict with what the landscape requirements -- on a project like ours, we would actually have a 20-foot landscape requirement. So I think that the -- I think the intent's great, but I think it needs to be looking at the variables that occur between what they apparently have focused on which is a very small project of minimum depth to larger parcels that have greater depth and what those opportunities are. On a parcel that, say, is 600 feet deep, all the buildings on that parcel can't be within five feet ofthe property line, obviously. And so there needs to be some consideration of those types of circumstances. Yes, sir. CHAIRMAN STRAIN: Mr. Fernandez, I -- we don't -- I'm not intending on having you walk us through page by page of this today. MR. FERNANDEZ: Okay. CHAIRMAN STRAIN: You need to get to your salient points quickly. You've already been talking for seven minutes. We're not going to give you much more time. MR. FERNANDEZ: Okay. CHAIRMAN STRAIN: Wrap it up and let's get on with the presentation. There's been public meetings on this for numerous periods oftime that you could have participated in and made your points. You could have provided us with an errata sheet today on areas that you were focused on. But you've got to get through this quickly because we have to get on with this meeting today. MR. FERNANDEZ: Probably the next -- the next significant point is that when you have a mixed-use development, you have to have some flexibility. You recently reviewed a Mercado PUD. It was voted on by the Board of County Commissioners. I have an excerpt of the language that was finally approved by the board. And it basically says we have standards for mixed use as you will when you adopt this LDC. It says that we understand because of mixed-use issues that you have unique circumstances will come up depending on the context or the size of the project. We need to integrate into this LDC much like they did into that PUD that flexibility so that staff can weigh the positives and negatives. And I have copy ofthat that I'd like to provide you ofthe -- the text that was approved. Beyond that as I understand you either will review at a subsequent date one of those issues relative to the process which I think is very important. The last thing that I want to mention has to do with a topic that isn't necessarily directly in the LDC, the handout that you have and that's the question of cost that these units are assigning a cost or a value of them. I think from the very beginning it's very important that we look at this and say, "Well, it's a development incentive." If you have to pay, I think that incentive goes away. I think that there's -- the projects can do a lot more potentially for a development. And -- and the other point with those units is that most of the lands that are eligible for those units are commercial development. Commercial development as I understand this and, correct me ifI'm wrong, they already have a three-unit base. So, for instance, ifI have a commercial piece and I want to do commercial -- do a mixed-use development, I already have three units per acre that I can gain from my existing zoning. That does not come from the 388 that are available to the -- for other developments. IfI want to do more than three units, it would. So I think that's a very important point. Because it would allow them for more developments to share in those units. I think there's been a misconception that all those units basically would get -- come from that 388 pool. I think that was a very important thing. And I've got one last quick thing and that is ifI believe that you have or there's the intent, and I don't know if it's in here, that if you have a commercial piece and you decide not to do a mixed-use project, Page 53 ____'u, '^ J>.-.._..."_-..."'_...."._...,,,._ -..-....<...,..".,---"".... . v- .. . .. .~'"-, '__""nO"_"_,__ , gl A 1 ' ,.""41i~, ' ---- -------------- _ ___._____ __________ _ _._______..--n....___ Decemer c'>io~ ' - that you would be able to develop under the current underlying zoning. Let's say the C3 or C2. I -- I applaud that. If you have residential, I think you need that same consideration. Right now as it's written, it says that if you don't want to do the mixed use, you cannot develop-- you can develop the intensity, but you have to do it to the standards ofthe -- of 4.02. We would like the same consideration for residential as the commercial that's already been considered. Thank you for your time and -- CHAIRMAN STRAIN: Thank you. And I have your four points. I will make sure that through the discussion today they're addressed. Now, one correction I have to make to you is I told you my preference is that I would not be addressing this new three-page thing. That's mine. MR. FERNANDEZ: Right. CHAIRMAN STRAIN: This panel has not taken a position on it and they will as time goes on today. MR. FERNANDEZ: If they do, can we come back and talk about that if we had a chance to review it a little bit more? CHAIRMAN STRAIN: Yes, we have no problem with that. MR. FERNANDEZ: Thank you. CHAIRMAN STRAIN: Thank you. COMMISSIONER SCHIFFER: Mr. Chairman, I have a question for -- CHAIRMAN STRAIN: Mr. Fernandez, one question for you. MR. FERNANDEZ: Certainly. COMMISSIONER SCHIFFER: Mike, you've kind ofread this thing. We've all got to quickly-- what's your estimate oftime that this additional procedure on top of the SDP would take? MR. FERNANDEZ: On top of the SDP, staffhas told me and I haven't read it thoroughly that this is estimated to take between four and five months. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: We're going to hear presentations on this so we can address-- MR. FERNANDEZ: Yeah. Staff may correct me on that, but the SDP process alone will take six, mne, a year. CHAIRMAN STRAIN: Well, again, I disagree with you on that. My -- the SDPs that I'm familiar with get through in two months, at the maximum four. I've never seen one go through that long unless there's been so many mistakes it's unsurmountable. So we'll just give -- we'll just go on with the meeting. The second speaker. MS. F ABACHER: All right. The second speaker will be Michael, I think -- I believe it's Neat, Mr. Neat; is that right? Is that right? MR. NEAT: Yes, ma'am. Michael Neat, Vice President, Old Naples Design & Build. I'm speaking in support of the overlay district as a person -- as a developer that built under the current overlay district which just is a small area of Bayshore. My partner and I, Paul Dean, had purchased a lot and proceeded to build five houses development, single family separate units. As we first had a business plan, the business plan we thought Bayshore would just be a place to come. We got a good deal on the property. We'll come put five simple units on low income between one hundred fifty, two hundred thousand dollars. As we went through the site development plan procedure we became aware of the CRA -- I mean, that we were in the overlay district. And we had to incorporate their ideas and their plans to change the house structure slightly. And -- and as we went through that structure, it actually greatly improved our product. When we found out the vision of the CRA and we found out that we had to recess the garage door Page 54 - --- -----------~-~---_.._--_.._------------_._----- D.e0JellSi'2jo5 three feet from the facade of the house, we had to incorporate a porch, 40 percent of the facade. We could no longer just use a simple slab on the ground and put a two-car garage onto the house and then build a little simple apartment basically above it. We had to do -- 40 percent of the first floor had to be at flood elevation. So we redid the plan to match their procedures and it worked out wonderfully. The site plan went through the county even though I had to go back and redraw the plans. I have gotten so many wonderful comments from the residents in the area. And people come and see my product and 50 percent ofthat credit goes to the CRA for this plan. I am currently holding on a property right now under contract until this goes through to do a similar development. And I am going to make the houses slightly larger but the same premise with a Key West style house. And -- and I just want to applaud the CRA's development here. And I hope that this goes through in a timely fashion so we can continue to develop. And I really appreciate your time. Thank you very much. God bless. CHAIRMAN STRAIN: Thank: you, sir. That's last ofthe public speakers at this point? MS. F ABACHER: Yes. Yes, sir. CHAIRMAN STRAIN: Okay. Gentlemen, just so you know it's 11 :32. And we will probably end up now -- I can't see us finishing this before a lunch break. I'm assuming that we all want to take a lunch break. Is there any preferences in the time frames on that? There was some concern about getting access downstairs to the Subway. COMMISSIONER SCHIFFER: Do you want to eat now? CHAIRMAN STRAIN: Well, that's what I'm thinking before we get into Mr. -- the full presentation. If you -- we start on our lunch now and then come back, we might be more consistent to do that. Do you have any problem with that, sir? MR. JACKSON: No, I don't. Once we get started it's like a train. It's hard to get back up to steam so... CHAIRMAN STRAIN: That's why looking at the time I think we'd be smarter just taking our lunch for one hour and come back here at 12:35. Is that in agreement with the commission? (Indicating. ) CHAIRMAN STRAIN: Then so be it. Meeting is adjourned until 12:35. MR. JACKSON: Thank: you, sir. CHAIRMAN STRAIN: Thank you. (Lunch recess was taken.) CHAIRMAN STRAIN: Okay. We'll bring this meeting back to order. Mr. Jackson, I think that you were going to go into your presentation. MR. JACKSON: Yes, sir. David Jackson, Bayshore Gateway Triangle Redevelopment Agency executive director. I appreciate the opportunity to present to you for the third time the Bayshore Gateway overlays. There's two overlays. There's a quick overlay for your edification is that back in I think it was 2001 or so the Bayshore overlay was a small portion of the CRA area. It was put into the land development codes. And in 2003 there was a modification or an amendment made and they expanded the areas. And this is the attempt here to identify all the parcels within the CRA boundary with the future land use map for the growth management plan as identified and submit that to you. Now, the Gateway area, the overlay there is all new language. So there's no modifications or any corrections to what was delivered before. The Gateway overlay does mirror image the Bayshore overlay, but there are significant changes in that there are a lot of different other issues that have to do with the Gateway area which is because we have a lot of C4 and C5 properties, a little bit more intense industrial uses and other commercial uses with surrounded -- surrounding and residential area. Page 55 ~ ..1*1 """"";_',-' <l>- I_ 11 ~..- '"~. --~---_.-._.,.------.__._------_._~.- 1QeLlr-l~,~OO5,,- So what we have is two uniquely different areas so that's why we have two overlays. Now, conceptually we probably could put them together at some time in the future, but I don't think that's required at the moment. What we did was we've been -- we've had numerous public meetings that have been held with a consultant in the community. We've been through the staffing procedure and the process. We've been to the DSAC committee and this is our third time with review to you. The first two meetings we had with you in September. We took on board your comments, suggestions and recommendations. We sat down with the CDES -- CDES staff and have gone over most of the issues there. And so we submit to you the corrected, amended and new overlays. So that's where we're at. If you have any questions for us, any specifics where we may have something that is not very clear to you or that you would like to discuss and as a point of issue for us to look at, we're open for those comments. CHAIRMAN STRAIN: Okay. Procedurally, what I'd like to do is take the commission through these overlays one page at a time and then get our questions addressed from that page and move onto the next. I think there will be questions that may be from multiple people in this room mainly members of staff. So whoever feels they can best address the question, maybe the one that has to come up and take that responsibility. So with that being said, the first page in our book is page 70. Are there any questions from members of this panel on page 70 because I have several. Let's start by the fiscal and operational analysis. This is more for Joe Schmitt than anybody else. It says "CDS staff to determine." Does that mean -- what does that mean? You guys have not looked at this in the last two months in regards to the cost for your staff or -- MS. F ABACHER: Excuse me, Mr. Chair, I think I can answer that. CHAIRMAN STRAIN: Okay. MS. F ABACHER: What we were looking at was a fiscal and operational impact of many of the processes. And they wanted us to maintain. There were a lot of services they wanted the city to provide. Those have all been gone -- negotiated away. It's been settled. So there's really not anything beyond what we regularly do here. Remember there was going to be a special opting-in process and someone would have to track that. And now -- what we're doing now just can run through regular staff through the regular process. So there was not -- there's no longer any maintenance by roads and bridge -- I mean, by, you know, transportation. So there really aren't any outstanding things that are -- that we would have to do beyond the normal. When this first came up in the first iteration, they had a lot of things that were really problematic for taxpayer money, but those things have all been removed. CHAIRMAN STRAIN: Okay. So then the -- the crossing out of the word "none" needs to be uncrossed out and the word "none" then applies? MR. EHARDT: Yeah. I -- I put that in -- CHAIRMAN STRAIN: Right. MR. EHARDT: -- at the last meeting. But if it's done, it's done. CHAIRMAN STRAIN: From comments just now by staff it sounds like there's nothing. By the way, you may have to re-identify yourself for the record. MR. EHARDT: Joseph Ehardt. CHAIRMAN STRAIN: Thank you. Further down under Street Wall, I don't have any problem with this. It's just I want to make sure the wording is correct. It says basically the street wall's purpose of hiding parking from the street. Is there a defined element of "hiding" or is that going to be a subjective term or do we need to put some -- Page 56 -d~ .. DeL~eL12oo5 -~--~ 1___ _"",____" ,_ - --..--------.- MS. STUDENT-STIRLING: Screening is better. MS. F ABACHER: Screening is what we generally-- CHAIRMAN STRAIN: Okay. Is there any objection to that, Mr. Jackson? MR. JACKSON: No, sir. I think hiding came out of the last meeting we had with you. CHAIRMAN STRAIN: Okay. Well-- COMMISSIONER MURRA Y: It's my fault. CHAIRMAN STRAIN: A couple points down under Awning. Every time you add something to a sentence that isn't very specific, it can be -- doesn't really mean a lot. The last five words, "primarily used for sun protection." I mean, if the word "primarily" is in there it means it could be used for more than that, so why don't we just strike those last five words and keep it simple? MR. JACKSON: Done. CHAIRMAN STRAIN: Down a couple more under Mixed-use Approval Process. I just have a question from the way that reads and the answer may be right. Once that density pool is exhausted, then does that process exist any longer? It seems to be written to take advantage of the use of the density-- bonus density pool units. Ifthose density pool units go away, is this written in a manner that it will still survive? Because I think you only have 388 ofthose and once they're gone, do you still-- the mixed-use approval process is it still in play? MR. JACKSON: Well, the reason that kind of comment is not in there, it's just a definition of what the process is. CHAIRMAN STRAIN: Okay. MR. JACKSON: Just -- it's just defining the process without putting any kind of metes and bounds on it for the numbers. Now, that language can be inserted in Chapter 2 where we talk about the bonus density units and that's probably a more appropriate location. MS. F ABACHER: Excuse me, Mr. Chair. There's still the intensity issue which the BCC would need to decide, you know. Because how much commercial that parcel will hold in the mixed-use project and so -- MR. EHARDT: If! may, Joe Ehardt again. I think it would -- maybe not this process, but the intent may still be needed because what we were doing with the opt-in and opt-out is that we do have some C4 and C5 commercial-- more intense commercial uses. And if you opt-in to a mixed-use district, whether you get the bonus density or not, you're locking into only doing C 1 through C3 commercial uses and you're giving up your right as such to those higher intense uses. CHAIRMAN STRAIN: That's the exact point of my question. Yeah, that's fine. Thank you. MS. F ABACHER: Thank you. CHAIRMAN STRAIN: Page 71 is the pictures. Anybody have any problems with that? (No response.) CHAIRMAN STRAIN: Page 72 is the -- we'll move on to page 73. Any comments on page 73? COMMISSIONER SCHIFFER: Yeah, I have one. CHAIRMAN STRAIN: Go ahead, Brad. COMMISSIONER SCHIFFER: Since this is extracted from the GMP, Item No.2, is it done in such a way that it would automatically be updated or is this going to be static? MR. JACKSON: During the lunch break we had conversations with the comprehensive planning staff. And some of this language which was inserted is a placeholder. Conversations it was to take some of the language out and leave some in. And if the comprehensive plan was ever to be changed then, yeah, it would have to come back to this LDC process. It's a very good question, Mr. Schiffer. I think that -- COMMISSIONER SCHIFFER: Couldn't you just reference the section of the GMP? That way if we change it in the GMP, it automatically updates here. Page 57 t</; ..... I ,.. _.,__~_ ..__..--_._-~ -.. .. __~__._ ._.________________________n_____._. - -- ----------------- -De~J 11200j MR. JACKSON: Okay. Good question and good recommendation. That's the way it is now, but there is a lot of confusion by the users of the LDC that are not familiar with the comprehensive plan and have no idea where that language resides. And they read the LDC. They try to apply it. And then we have to refer back to the comp plan. They've never seen it before. This is for clarity only. And those sections only that provide clarity for the LDC all in one location so you don't have to go searching again. And that's the reason for it. COMMISSIONER SCHIFFER: And maybe what you could do is reference where it is in the comp plan and the section and then -- MR. JACKSON: Still you have to go find another document at another location somewhere else on the Internet and the comprehensive plan if you just reference 4.03. COMMISSIONER SCHIFFER: I'm not saying just referencing in here "reference it" and then you can say as updated or something so somebody would read this understand it, but yet they could go to the comp plan. In other words, if it -- if it's updated in the comp, is it automatically updated here is my only question? CHAIRMAN STRAIN: Margie. MS. STUDENT-STIRLING: The comprehensive plan and the Land Development Code under the laws of Florida are two separate and distinct legal documents or ordinances. And I spoke with Mr. Jackson about this. I have a little bit of a problem of putting the comp plan in the Land Development Code because it's a comp plan. It's not the Land Development Code. And then all of a sudden it becomes part of the Land Development Code too. And the Land Development Code is to further and implement -- further implement the comprehensive plan. I guess if we didn't make it operative and said, you know, section blah, blah, the comp plan states. But it's not construed as any operative part of the code, but rather for more informational purposes, I'd feel a little bit better about doing it that way. But I don't like mixing the two documents together. COMMISSIONER SCHIFFER: So couldn't we say something like I was saying that this is extracted from the comp plan? Give the section and you could put as updated -- MS. STUDENT-STIRLING: Say for informational purposes or something like that. COMMISSIONER MURRAY: Reference. Reference. COMMISSIONER SCHIFFER: Or something like that. CHAIRMAN STRAIN: David. MR. WEEKS: For the record, David Weeks ofthe Comprehensive Planning Department. Perhaps Mr. Jackson and I had a misunderstanding. My recommendation would be to delete all ofthis language from the future land use element. To me it just simply does not belong in the Land Development Code. The only portion -- my recollection is the prior version of this Section 2, future land use element, simply made reference to the future land use elements mixed-use activity center and was simply stating that the property within the overlay that lie within the activity center will still be subject to activity center regulations to govern land use, something to that effect. That -- and that is what the activity center-- excuse me. That is what the overlay in the future land use element states. It identifies this whole Bayshore Gateway Triangle redevelopment area. And then it -- one of the specific provisions in there is that for properties within the activity center, they'll continue to be governed by the activity center for uses. And then it goes on to specifically acknowledge that a zoning overlay may regulate development standards. So my suggestion is all ofthis language be deleted here with the exception of what used to be here from the language that -- that dealt with activity centers. Which would mean the effect of this overlay for properties within the activity center is that uses will not be controlled by this overlay. Development standards even in the activity center will be controlled by this overlay. Page 58 - ----------------- -~--~--~~-----~~-~~-_.- -- _D!~Lt, 2Q05 CHAIRMAN STRAIN: David, have you seen this before today's meeting? MR. WEEKS: It's been provided to me. I've not finished my review of it, though. CHAIRMAN STRAIN: Okay. MR. WEEKS: If your question -- I'm sorry. CHAIRMAN STRAIN: Well, how can we have it without you having reviewed it? How can we have it without the rest of the staff having reviewed it? Now, I mean, I read it. I had much less questions than I had last time. I thought the document was in pretty good shape. Now we're finding that the departments that -- especially yours which is primary hasn't even reviewed it. I'm -- this -- it's concerning because we're actually here reinventing the wheel and you could back -- come back around and say you may have reinvented it, but it still doesn't work right and you're going to change it again. MR. WEEKS: I think two things. One is just we're caught in a real crunch on workload right now in our department because we're working on these EAR-based amendments to the comprehensive plan. Another thing is in part back to what David said. This was some placeholder language. And as we mentioned earlier, we have come up with this new provision in paragraph 3. And I think simply removing all of paragraph 2, putting back the language that pertains to the activity center which was just a few sentences in one paragraph and then we move on to the real meat of the amendment in my opinion of as far as what's not yet fleshed out is this Item No.3, this mixed-use approval process. CHAIRMAN STRAIN: How did the language in the GMP -- who put it in there in the first place? MS. F ABACHER: I think I can comment on that. I had requested that certain paragraphs, that language be included to say who is eligible for the density bonus units. Because it's not everybody in the overlay. So that would only be, like, No.4, No.5, No.1 0 and No. 11. So I think it's miscommunication that it all went in. But I said that this information about who is eligible should be provided here in the overlay document and you shouldn't have to go -- I mean, you know, you need a developer to be able to read this and know what they can and can't do. CHAIRMAN STRAIN: Of course, and then David's saying it's a comp plan-- (Multiple speakers.) MS. STUDENT-STIRLING: You can see that it says that and it's consistent with the comp plan. MR. WEEKS: Mr. Chairman, the whole idea and Catherine -- I mean, staff and the consultants are all working in the same direction to try to come up with a document that -- that provides clarity and we're not there yet, clearly. But that provides clarity as to what is allowed to occur within the overlay and what is required to occur in the overlay. The reason I -- one of the reasons I don't want to see the future land use element language in here is because it's problematic. There's things about it that are not clear. Furthermore, it is providing as -- as usually occurs -- in the growth management plan is it provides the guidance and the direction and the parameters, but it does not provide all the specific details. And, of course, that's what the zoning overlay is about. If you read some of the -- the language in here from the future land use element, for example, paragraph 4 and 5 were just mentioned. They talk about access to US 41 East, well, how do you interpret that? Does that mean the property must be abutting 41 or what if your three lots are removed but the access from your property would immediately -- those using your property would have to go right back out to 41 East? Historically, comprehensive planning staff has reviewed both ofthose paragraphs -- viewed both of those paragraphs very broadly because we want the redevelopment activity not to be confined just to the lots abutting, but -- but to have a broader application. So, again, we don't want that -- that vagueness or ambiguity or area of interpretation in the code. It Page 59 ___--..-'-M_...-.''"_~~_m_~ " --.',"---....,- ".IflII_, _'""""'"~.""' ,..,U'~~'....,_ _," _. ~'"" --..---"...- ,._-,- 16 i 1 ..., __..^'~__m________ December 15,2005 needs to be more clear. The solution I believe is either, No.1, that we specifically identify these properties on the map and then the corresponding designation text. For example, NC, neighborhood commercial, you see the designation on the map. You go to the text and it tells you what you're allowed to do which includes mixed use. Same thing with amount of waterfront. The map gives you the clarity. These are the properties we're talking about. And the text says these are the ones, yes, that you can have mixed use development or just residential, whichever the case maybe. One ofthe things we discussed during the break, again, as part of this clarity is some concern about how -- how far back properties that are not designated neighborhood commercial, that are designated either Rl or R2 which presently the language says these are just allowed for residential development, how far back might we allow mixed-use development to encroach into those Rl and R2 areas? Because the comprehensive plan language, which is not clear and Mr. Jackson and I have a disagreement over it right now as to how it applies, does include some language that would allow for properties that are not commercial, but are abutting commercial to be developed with a mixed use. Well, again, there's not clarity so we want to give the clarity by either identify it on the map clearly or one of the things we discussed in the break was adding some text that would say something to the effect of for Rl or R2 properties that are abutting the neighborhood commercial or the waterfront, the two categories that allow mixed use, you could encroach into that residential area no more than 100 percent the size ofthe neighborhood commercial. We don't want to see a scenario where someone has one acre ofNC and they add 15 acres ofRl or R2 which we don't think that was ever the intent. And it's a staff concern as to how far, you know, that magnitude would go. So language that would limit the size to no more than 100 percent ofthe size of the existing NC or W. And, furthermore, put an acreage cap on it as well, maybe a couple acres, whatever the number might be. CHAIRMAN STRAIN: Unfortunately, the time to work all these details out and rewrite this entire program is not here at this meeting today. And I'm disappointed that various members of staff who have to weigh in on this didn't weigh in on it before we got here today. COMMISSIONER SCHIFFER: Mr. Chairman, can I say something to that? I mean, here's the problem. What you just said is a little bit of horror because there are people out there believing what's written in here. And why ifthat's the way you feel wasn't that considered when the GMP amendments were going through? Why is that something you're saying what's here isn't really what it says? MR. WEEKS: The GMP -- the GMP language was adopted in the year 2000. That's five years ago. We had -- we didn't know what -- exactly what the zoning overlay was going to be at that point or just exactly how it was going to be interpreted. It's really when we get to the Land Development Code which is the implementing mechanism that we start fleshing out the details and that has been very problematic throughout the whole process, both for the consultant and for staff. Because we realized we have some problems with the language that's in the flue. There is a lack of clarity. There is a lack of clearness as to what was intended and what is supposed to be allowed. So we're -- we're trying to address it now to get the clarity in the overlay. And my desire would be to go back to the future land use element and the problematic areas. The one paragraph in particular Mr. Jackson and I disagree on is deleted. COMMISSIONER SCHIFFER: But -- but, David, when people are reading these things, they're just reading the words. They're reading the black spot-- MR. WEEKS: Right. COMMISSIONER SCHIFFER: -- not the stuff in between the words. So they're coming to conclusions that those words say -- you're saying that's not good advice for them to do that? I mean, if it says it, it says it; right? Page 60 . ( I 1 1 '; -..--------- ----_.._---- - -- -- --.--------------.......--..--.-.'--.-- n_____I?~~~~er 1 , 2005 __n_ .. _____.._____ MR. WEEKS: Well, yes. Ifit says it, it says it, but in some of these cases -- paragraph 6 I think is the one that's at issue. CHAIRMAN STRAIN: 6E is the one. I had the same question you did, David. MR. WEEKS: That is -- that is the paragraph Mr. Jackson and I have disagreement over. It is not clear. And I'm -- I won't say ashamed. I'm disappointed that I had a part in writing it five years ago because it's very difficult to interpret. And, again, it's led to a genuine disagreement between Mr. Jackson and myself. CHAIRMAN STRAIN: We need to keep moving through this, Brad. What I'd like to do if the board agrees with it is just -- why don't we just go to page 77. We're not going to resolve and rewrite this today. I'd hoped to get through this document today with the exception of a couple small pieces, but now that staffhas not looked at it, it's going to put a -- put a lot of this document back offuntil the 5th of January again, unfortunately. COMMISSIONER ADELSTEIN: Why are we here when they aren't prepared to give it to us? CHAIRMAN STRAIN: Well, I don't know and I can't address that at this point. Mr. Jackson, do you have a comment? MR. JACKSON: Yes, sir. The -- I think the only issue that we have at the moment is the three page piece of paper that was delivered to you by Ms. Fabacher which had to do with a mixed-use project to be looked at on January 5th. And I think the comprehensive plan language in paragraph 2 here that Mr. Weeks is addressing, I do not have any problem with deleting that paragraph too and taking the comprehensive plan language out. Now, that would be an issue I think between comprehensive plan and planning and zoning, between Ms. Fabacher and Mr. Weeks. I have no problem deleting it. After that the comprehensive plan review has been pretty significant in my point of view for all pages after this paragraph. CHAIRMAN STRAIN: Okay. Well, I'm --I'm -- what I'm trying to do is get past these pages. I think, then, the suggestion is that if we delete these, what should come back to us is any replacement language for what's being deleted because, obviously, we're not seeing that today and then we can go on with the rest of this document. MR. JACKSON: The rest of the document I think is -- is pretty complete. CHAIRMAN STRAIN: Well, then we'll keep moving through it. David, does that work for you? By January 5th can you have -- get back to us with the replacement, if any, for two and we'll do three by that point as well. COMMISSIONER MURRAY: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER MURRAY: I just want to verify something then. Replacing page 76 -- CHAIRMAN STRAIN: Page 73, 74, 75, 76 and the top of77. COMMISSIONER MURRAY: Okay. So that's all going to be deleted we believe? CHAIRMAN STRAIN: Well, it's going to be modified, deleted, whatever and staffs going to come back with a recommendation with Mr. Jackson. COMMISSIONER MURRAY: I would just bring into mind a question of thought. There is under No.2 on page 76 a new document speaks of classifications in perpetuity. And I'd ask you to -- if you're going to have that remain in any part of it, I would ask you to consider that carefully. MR. JACKSON: Yes, sir. And we took that on board and that's part ofthe rewrite. We've talked with Mr. Schmitt and Mr. Fabacher about those terms and that will be part of the rewrite. COMMISSIONER MURRAY: Okay. Thank you. CHAIRMAN STRAIN: Okay. If the commission's okay we'll move on to page 77. Does that work for everybody? Page 61 .- .__,.~__",'_W ~, . ..._----~'" _...,.,..-,....._,." ~--,-,~-~",-," 16' 1 -------_._-~"..._..._---- I>ecemberJ,~,_ _~ 00 5 (No response.) CHAIRMAN STRAIN: Any questions on page 77? Brad. COMMISSIONER SCHIFFER: Dave, just to make sure that the A, B, C at the bottom ofthe page are under four. So that's, like, 4A, 4B, 4C and it's just your indent might be confusing me, but is that correct? MR. EHARDT: Yes. MR. JACKSON: Correct. The next time we present this to you I would highly recommend that it's just -- just typed and all this line and colors gone so you can look at the document for what it will really be. CHAIRMAN STRAIN: I would -- that would be a very good idea. COMMISSIONER MURRAY: Right. CHAIRMAN STRAIN: Page 78, any questions -- COMMISSIONER SCHIFFER: Well, let me just-- CHAIRMAN STRAIN: Oh, you still got to go? COMMISSIONER SCHIFFER: Unless you change something, I mean, don't make any changes that we don't make today then. MR. JACKSON: No. Any changes that you make today, if it's happy to glad, if it's from partly cloudy to partly sunny, I'll put that in there. COMMISSIONER SCHIFFER: Okay. MR. JACKSON: And you won't be highlighted, striked out. It'll be all black and white and it'll look what the document's going to look like and you can read it as a document like a book. And any new language that is done from comp planning and everything will be obviously segmented out that this is all completely new rewrite, new material for you. MS. STUDENT-STIRLING: I do need to point out, though, in the official ordinance, we still need to have what is removed from the already adopted LDC stricken through and what's added to the already adopted LDC underline for the official zoning ordinance document. MR. EHARDT: Yeah. Joe Ehardt. I think if we remove the yellow and red and so forth and just leave the things that have been deleted from the original LOC, now some of those things we shipped to the Chapter 4 instead of Chapter 2, if we do that, I think it'll be a lot clearer. I prefer to leave those strike throughs in black that are in the original LOC in there if that's okay. CHAIRMAN STRAIN: Why don't we just leave the latitude with you and the staff to bring it back in a manner that meets the legal requirements of the law and it's a little bit simpler than what we've got in front of us. Page -- Brad, are you done with 77? COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: Page 78. COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Brad. COMMISSIONER SCHIFFER: G, could you explain? I think that's what David was referring to, but could you explain exactly what that means. Is that there -- and show us maybe on the map. There are some sites that are in Activity Center 16. What governs them then? The-- MR. EHARDT: The comprehensive plan. COMMISSIONER SCHIFFER: But you called them to be neighborhood commercial. So are they, in fact, eligible for the development as a neighborhood commercial or -- MR. WEEKS: The uses would be governed by the mixed-use activity center and the comprehensive plan. Which in this -- the starting point means the underlying zoning. Whatever the zoning is there, they can develop per that zoning. They could go through a rezoning process to whatever zoning district, density intensity that the comprehensive plan will allow. Page 62 " 11 \$ I .Ii.. ,..J . December 15 2005 _'__n___ '___'______~_ '_n_ ____'_____.. ,,_,,__,___ _..,__.._ _.__, _,_,_,_ ,_, '" , ______,__ The reason for still having the designations ofNC and so forth is because the development standards over in, I think it's Chapter 4, would apply. And, of course, those -- those development standards link to the RI, NC, et cetera. COMMISSIONER SCHIFFER: Okay. But what would be the difference between the requirements in the NC, Chapter 4 of this, and the activity center? Would there be any conflicts? MR. WEEKS: The activity center has no specific development standards attached to it. So it's just the standard whatever the LDC is per your zoning. COMMISSIONER SCHIFFER: Okay. All right. Thank you. CHAIRMAN STRAIN: Anything else on 78, Brad? COMMISSIONER SCHIFFER: I'm done. CHAIRMAN STRAIN: 79 is a map. And then page 80 we start with the uses. COMMISSIONER SCHIFFER: Actually, I have a question on the map. MS. F ABACHER: Excuse me. CHAIRMAN STRAIN: Oh, you have a -- COMMISSIONER SCHIFFER: I have a question on it. But, anyway, the map that this is is different than the existing map; correct? MR. EHARDT: The existing map? COMMISSIONER SCHIFFER: In other words, the way the overlay is today is the mapon the right. MR. EHARDT: Right. COMMISSIONER SCHIFFER: The way the overlay will be proposed is the map on the left. MR. EHARDT: Correct. COMMISSIONER SCHIFFER: They're not the same. MR. EHARDT: These two aren't the same? Or the one you're looking at? COMMISSIONER SCHIFFER: Well, I can't -- the one I'm looking at, I don't have the kind of vision to really enjoy it, but -- MR. EHARDT: There's a few little changes I have to make. One is in the report that needs to reflect -- COMMISSIONER SCHIFFER: But what I'm saying is the commission should be aware of that we're -- and I'm not against this, but we are changing. We're adding neighbor commercial to sites that now don't have it, stuff like that. So I think that -- MR. EHARDT: Maybe -- maybe the question -- this is the current overlay that you have now for Bayshore the areas that are covered by it. And we've expanded certain areas that weren't covered in the over -- we've expanded it to be included in the overlay. That's the main difference between -- besides some -- I'm sorry. The main thing we did on Bayshore besides some of the issues that we're talking about the language on the mixed use and so forth is that we expanded the overlay categories to cover other regular existing zoning areas that were in the Bayshore area. Whereas there might be some RMF6 that was down here, now we have an RI or R4. That's the basic difference intent of the overlay. COMMISSIONER SCHIFFER: So my point is -- is -- could I get a copy of both of those of that scale that you have there? MR. EHARDT: Of that scale? COMMISSIONER SCHIFFER: Yes. MR. EHARDT: Sure. I can't give it to you today. COMMISSIONER SCHIFFER: No. No. And I think because essentially we're changing land uses. Essentially that's changing zoning. I think -- am I doing all right? Okay. They're not helping. MS. F ABACHER: Sorry. Page 63 "",...-~, .............. """..-..---.....-=-"....."'. "" - ,_..".."'....,~, ..,.,".-_.~'''_., '-"'-"-"---"-"-~-"'- 1 b j 1 ~ " ------ -------..---- December 15 2005 , ____,__,__,________,.._,__ "'" _ n COMMISSIONER SCHIFFER: Yeah. I have -- they can't hear me over the way it is. The -- I think we -- really everybody should be aware of the fact that we're actually changing underlying uses in the overlay district. COMMISSIONER MURRAY: No, not supposed to. MR. JACKSON: We are not changing underlying uses. COMMISSIONER SCHIFFER: Overlay uses, let me use that word. MR. JACKSON: Yes. We are changing some overlay uses from what originally was on the map in Amendment 2. And we are capturing all of the areas that were not addressed in Amendment 2. And some of the areas that are in Amendment 2 were done for reasons that we don't think are valid today. And they need to reflect what is around it and what the whole concept is supposed to be. An example would be residential neighborhood -- neighborhood commercial residential. It doesn't fit with everything that the planning staff would like to have. So we moved it as a designation and left it as a nonconforming use which is easier to deal with. There is a piece of C5 property with the overlay made it a mobile home. Now, that doesn't make sense and it was probably just a graphical error. So we took the C5 and made it back into neighborhood commercial which makes more sense than trying to take C5 and make it a mobile home. That -- that sort of thing. And so there are some modifications. As we talked about before in the last two meetings was to correct those things that didn't make sense or were in error or didn't quite fit with what it should be. CHAIRMAN STRAIN: Okay. Brad, is there any other issues on page 79? COMMISSIONER SCHIFFER: No, that's enough. CHAIRMAN STRAIN: Okay. We have a series of uses being laid out from pages 80 to 103. Rather than ask for every single page, they're all basically the same pages with different distinctions on them. Why don't we just see if anybody has any concerns about -- Brad, I would never have suspected it. COMMISSIONER SCHIFFER: Well, aren't I supposed to have -- aren't I supposed to do this? CHAIRMAN STRAIN: No. Yeah, I want to fmd out. COMMISSIONER SCHIFFER: I feel like I'm doing something wrong here. CHAIRMAN STRAIN: No. You're always the first. COMMISSIONER SCHIFFER: The Footnote 1, the intent of that is to state, for example, to make it easy accounting services. That's only allowed on residentially zoned land if it's part of a mixed-use development; correct? And I think the way it's worded -- is everybody comfortable with need? It says "allowed for only residentially zoned property." It really appears it could be written -- read, I think, and you guys tell me, it appears it can only be allowed on residentially zoned land that's part of a mixed use, not that it's only allowed on residentially zoned land if it's part of a mixed use. Semantics but I don't think -- CHAIRMAN STRAIN: Are you suggesting a better-- COMMISSIONER SCHIFFER: You guys read and see what you think, I mean. COMMISSIONER CARON: I read it several times and I agree. COMMISSIONER SCHIFFER: Am I right? COMMISSIONER CARON: Yeah, I do agree. It took me four times. COMMISSIONER SCHIFFER: So it should say allowed only on residentially zoned property as part of a mixed-use development. COMMISSIONER MURRAY: Are we using "property" interchangeably with "land" or are we thinking of improvement when we're talking about property? Because in mixed use you have commercial and you have residential. So which one is it beast or land? MR. EHARDT: Land, yeah. Let me if I may answer the question here. Y ou're saying the language I originally had in there is fine? Page 64 -~"'_..-.~.'---~- - ----- -,~"--~-~-_._-_..----_._..--_.__..--~- Decele~sl Jos .. I. ---------~---,--,-,--_. , ---,. ., COMMISSIONER SCHIFFER: Well, no. MR. EHARDT: Oh. COMMISSIONER SCHIFFER: And we did change it and we didn't quite get it -- I mean, it's -- the point is that it has to be very clear that you're only allowed to accounting services on underlaying land that was residential if it's part of a mixed use. Not the -- you can only put accounting services on residentially zoned land. MR. JACKSON: Okay. How about this for a recommendation. Allowed on residentially zoned land -- COMMISSIONER SCHIFFER: That's perfect. That's perfect then. MR. JACKSON: -- ifpart ofa mixed-use development. COMMISSIONER MURRAY: That's -- that's much better. COMMISSIONER SCHIFFER: That's good. You got it. CHAIRMAN STRAIN: Brad, do you have -- COMMISSIONER SCHIFFER: Mark, then can I just go because I do-- CHAIRMAN STRAIN: Yeah. I was just going to ask. Why don't you just run -- MS. FABACHER: Can I have a comment to talk to Mr. Schiffer's comment. David Weeks and I had worked on something to remove the footnotes, a general statement to insert that says "For properties located in the BMUD neighborhood commercial subdistrict or the BMUD waterfront subdistrict, permitted uses shall be in accordance with the underlying zoning district except where mixed use project approval has been grant -- granted. Where such approval has been granted, permitted uses shall be in accordance with Table 2." So-- COMMISSIONER SCHIFFER: That would do it too. COMMISSIONER MURRAY: That also would give it in the same place. COMMISSIONER SCHIFFER: Yeah. MS. F ABACHER: Well, rm saying instead of the footnotes, we'll just put that right in the body of the text so you can just -- when you're doing mixed use, you -- you refer to his tables. When you're doing underlying zoning, you refer to the regular tables in the thing. And that was kind of what we had worked out. COMMISSIONER SCHIFFER: That would be good. And that'll be okay. COMMISSIONER MURRAY: We had the conversation about IBID before and now that clears it. Are you satisfied with that for your purposes? MR. EHARDT: For what she said? COMMISSIONER MURRAY: Yes. MR. EHARDT: Yes, I have no problem. COMMISSIONER MURRAY: Okay. That makes better sense I think. CHAIRMAN STRAIN: And, Brad, you want to move forward. COMMISSIONER SCHIFFER: 87 -- 81 up at the top there's artist studios which we now have -- we've got them in the different areas. The SIC code still refers to theater productions and miscellaneous say theater sets and stuff. So I don't think -- can we kill the SIC code 7922 does not -- MR. JACKSON: Is that acceptable to the planning staffto have no SIC code, yes or no? COMMISSIONER SCHIFFER: Well, some of them do. Assisted living does. CHAIRMAN STRAIN: Actually, we should be going in the opposite direction for more definitive uses. MS. F ABACHER: They -- they don't have it in the SIC. CHAIRMAN STRAIN: What, artist studios? MS. F ABACHER: Yes. A code for these other uses. Page 65 "~_".",M",,___,_,_...,,,,__.,"..~.~.. M'_'_~'_= ~ ..401.- . ....._._".0' ",.. .". ...~......_,.,,,,~__.,,_.~...,,_,_~___ 1611 - --------------.------ - ___peQeml2er 15,2005 CHAIRMAN STRAIN: Well, you've got a code here, 7922. MS. F ABACHER: And that's the only one for artistic. We've looked. COMMISSIONER SCHIFFER: Well, I'm not sure because I found, like, photo, photography studios and stuff like that. MS. FABACHER: Okay. Well-- MS. MURRAY: If it's written as you want it, artist studios, then all the words after that, that should be sufficient along with the SIC code to incorporate that in. CHAIRMAN STRAIN: I'd rather keep the reference in because if we change it-- COMMISSIONER SCHIFFER: But here's what I don't want. I don't want the staff to say, hey, wait a minute. You can't put in an artist studio. You can put in a theater set studio, but you can't -- you know, or you can have a theater producer's office. CHAIRMAN STRAIN: But it says artist studio. MR. MURRAY: That's artist studio there, yeah. COMMISSIONER SCHIFFER: So even though it conflicts with the SIC code, there will never be a problem? MS. MURRAY: Right. COMMISSIONER SCHIFFER: Then let's go with it. And, again, the thought we never put it in artist studios aren't allowed in any of the other districts? For example, the residential districts and all that, isn't this supposed to be an artists' community? MS. F ABACHER: Well, that's not as a commercial use. You can certainly have a studio in your home. MR. JACKSON: The intent is for the commercial use, otherwise, you end up with a residential neighborhood commercial use. And if they wanted to do that, they can go for a nonconforming use or variance or whatever would be applicable and the tools that they have. COMMISSIONER SCHIFFER: But an artist left alone in a studio in the backyard won't be -- this won't be -- MR. JACKSON: No. COMMISSIONER SCHIFFER: -- code enforcement -- MR. JACKSON: They just will not be able to have customers come to their front door and be parking on their lawn because it's not a business location. But you doing your computer work or your charcoal art in the back doesn't present -- prevent you from using your property, your use. COMMISSIONER SCHIFFER: Okay. COMMISSIONER MURRAY: But it's okay to have dance out in the backyard and not draw attention. It's an attractive nuisance. MR. JACKSON: Some dance? COMMISSIONER SCHIFFER: Some people can, but you and I can't. COMMISSIONER MURRAY: Dance is included in here. That's the reason I bring it up. I guess what I'm trying to understand, it's a catchall. And I appreciate it's a catchall, but I would opt for more specific than less specific and qualification of the specific. CHAIRMAN STRAIN: Well, but dance isn't included in the residential. That's where -- that's where Brad was going. COMMISSIONER MURRAY: Yeah, I appreciate it. MR. EHARDT: I think if you're going to do some type of occupation in the residential you have to abide by the county's rules for home occupation or something like that, not -- not this. So if you want a studio or a computer or if you want to go in your garage and dance, I guess you can. So it doesn't-- CHAIRMAN STRAIN: Brad, you want to continue? Page 66 ~611, .._-_.__._~_...- -_.'-'._~_.._-,-----------_._---_.- ~_.-.- -------------..- _~_______.___.._____._ - _________n___._"__.__..._ ecember 15 2005 -" ------,..--------.----.., ---, ,,--,- -..- ",.., -,- " COMMISSIONER SCHIFFER: Yeah. Over on the next page does it -- and the way we do these businesses, I'm not sure how they're clustered together, but the ones that are permitted -- let me just see. And, again, it is difficult because -- you know what might be nice, I would think if these lists -- if all these business services were individually listed, but you got to pick the cluster that best represents what you want. MR. EHARDT: I -- I think the original overlay had specific uses listed out in each of the categories, but the county's -- or county's LDC has this matrix which this would be additionally -- basically added to that matrix. And these are the lists of the items that are in that matrix. And we were just applying them to the categories that we had and except for artist studios and a couple other ones we introduced some new, you know, language in there, some new items as such, some new uses as such. COMMISSIONER SCHIFFER: But I think, for example, we chose one. The one that has the permitted uses in it is the only one we've chosen because that's the only group of business uses we've chosen. MR. JACKSON: Okay. Commissioner, I don't understand what your issue is. COMMISSIONER SCHIFFER: Well, what my issue is, if you look at the way the code -- the table in the code which I guess we can't change has different groups of business services with different SIC codes. The one we chose is the one we chose, but it does eliminate some of the uses that are available and some of the other ones. For example, we can't have computer programmers in this area because of the one we chose. Court reporters -- MR. EHARDT: I'd have to -- I'd have to look at the specific SIC code and see what's allowed. I mean, some of the codes are very deceptive on when they say something. You go inside and it allows a lot of things you wouldn't think were in there. COMMISSIONER SCHIFFER: Right. MR. EHARDT: But we had to -- had to choose something that was -- you know, fit what we wanted to do. What I did is I went through the existing Bayshore overlay document that also had SIC codes in it. And I wanted to make sure that in this revision here that we had the -- at least we're allowing the same types of uses that are in the original code. COMMISSIONER SCHIFFER: Okay. MR. EHARDT: And, of course, we've added a few. But I went through and checked those numbers against the titles they called things to make sure they were allowed. And unless I've missed one somewhere, I think I've got them -- most of them are there that exist today in your LDC for the overlay on Bayshore. COMMISSIONER SCHIFFER: What I did is I went through and looked at all the codes. And I don't know if you guys understand what I'm getting at here. But, like, for example, 7311 is allowed in all of them but the one on the bottom. So staffhas gone through and clustered SIC codes. Because of that -- you know, in other words, I think what would have been nice is maybe a list of all the business SICs, but because of the one they chose, you can't have court reporters. You can't have computer programmers. You can't have things that are allowed. So does that mean that they're not allowed in this area or -- CHAIRMAN STRAIN: Well, I think, Brad, the only ones that are allowed are the ones that say-- the P with the little 14 and P with a 15. That's it. COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: And if you have ones you want to suggest that they add, why don't we just ask Mr. Jackson ifhe wants to add them? COMMISSIONER SCHIFFER: Well, then add -- okay. Then add 7371. Page 67 '-~_. ~. ~r* ' ,...""" ... .... . .--~~- ""-'.-"- 1, 611 ~ l -----..------------- Decem_er 15,2005_ CHAIRMAN STRAIN: Well, let's first ask if there's an issue from-- COMMISSIONER SCHIFFER: Well, I think what we have -- I mean, just go through all of the SIC codes that are listed here. But where would he add it anyway? He'd have to start a new category of business codes to add it into a new grouping. CHAIRMAN STRAIN: Okay. I mean, if that's what you think needs to be done, we need to ask the question and see if they would -- are willing to do it. I mean-- COMMISSIONER SCHIFFER: Then -- then maybe that would be good. Is to add a new business category to the whole table and go through all the business SIC codes and put in there everything that you think we would want in there. We certainly would want, you know, photo studio, stufflike that. We would want -- court reporters should be allowed, computer programmers. Anyway, let's move onto that. I mean, it's just -- I think the hardship you have is you're dealing with the clusters that the county chose and trying to find one that's the closest. The point is if Mark's okay, let's make a new cluster that's just -- CHAIRMAN STRAIN: I'm just suggesting to get -- to get to your concern, if they want to re-review it and make sure that all the business services that they want in the area are included in the one they've designated, fine. If there's others that you feel the area needs, then just come back in the next round and recommend them to us and it'll get -- I'm assuming it'll get done. MR. EHARDT: Yeah. Like I said, I went through the current Bayshore overlay document that's in the LDC right now where it allows the different types of uses. And I matched that up with what I presented here. Now, if! missed something somewhere, I apologize. But as far as I know unless someone changes what they want to do, this is what the community approved and is in the ordinance right now. And all I'm doing is expanding the geographical areas basically and adding a couple new things in here for clarification. CHAIRMAN STRAIN: And I understood what you're trying -- I think Brad's trying to expand on it and seeing if you wanted to expand on the uses. And that's something you guys need to decide. MR. JACKSON: Well, sir, what I'm hearing is you're asking us to go back and revisit all these codes and put in what we think should be in there. What's in there is what we think should be in there. If there's something that you want in there, tell me the number, tell me where it will be and I will put it in there. CHAIRMAN STRAIN: Okay. Brad, do you have a specific number? COMMISSIONER SCHIFFER: I'll -- I'll go over it later. COMMISSIONER MURRAY: I did have a comment that -- Mr. Jackson, I recognized your strength of your comment there. What was going through my mind is inasmuch as it's a grouping and it was a -- and it may not be what you'd want. You've -- I assumed that you accepted some things in the codes that you would prefer not to have. And I wanted to find out first whether that was the issue for you if it were an issue? If it's not, I will stop. MR. JACKSON: Those that would probably -- I mean, then it gets down to a person's opinion. And as Mr. Ehardt has tried to convey, when they had all the neighborhood meetings and 100 people showed up and they did the listing of what do you want in your community and what don't you want, there was a big chart up there that listed all the different uses that the county allowed in CI through C5. And the people went up there and they made their recommendations. And this boiled down from what they wanted. Now, who am I to say that what the community wanted should be changed? And as far as I know if there was one that was a little bit controversial, it may have been eliminated. But we have added some of the uses that made sense to be there. And if Mr. Schiffer has some that we missed that makes sense to be there, I don't have any problem on adding any of that. COMMISSIONER MURRAY: I applaud that and I wasn't trying to create any issues for you. I Page 68 --------~- -,.._..~_._-_.__.__._-----_._-----_.--- DecAi~~ JsAoos ~ ________n___..____m___________ ___...____.___________.___ was just trying to find out your comfort level because if folks picked things out and they were -- they were not found to be in a class or a code that was satisfied, you may have not put it in and that's all I was going to -- but I'll -- I'll stop. CHAIRMAN STRAIN: Okay. I have been satisfied that the public process vetted out the uses that you've included those here. So, I mean, the concerns -- if we have some specifics, we'll try to get as accurate as we can in recommendations. Is there any -- Brad, you want to go onto the next page? COMMISSIONER SCHIFFER: Yeah. And, Dave, don't misunderstand. It wasn't that you didn't do the task. It's just that I think the county locks you into groupings that was difficult to get everything you wanted in one group. And when I went in to look at groups that you didn't choose as permitted, I do think that there are functions in there that you would want. I think you would want a photo studio. I think the court reporter might want to have her office down there too, but you're excluding her. MR. JACKSON: If it makes sense, sir, I have no problem adding in give what you feel comfortable -- COMMISSIONER SCHIFFER: I don't know how you feel about doing it though, so -- MR. JACKSON: Just give it to me. We'll look at it with a consultant and ifit makes sense, we'll put it in there. If they're comparable uses to what something else is -- is in there. COMMISSIONER SCHIFFER: Okay. Page 103, which is the last page, I believe, everybody. Swimming pools as an accessory use in the neighborhood commercial and the waterfront. You know, we do have hotels. We do have bed and breakfast. Wouldn't that be -- is that something that would -- is it because of maybe -- MR. JACKSON: Swimming pools is part of -- COMMISSIONER SCHIFFER: I mean, I think -- MR. JACKSON: Correct. Because we do have some neighborhood commercial uses, in fact, that already have swimming pools in the back. COMMISSIONER SCHIFFER: So don't you think we would want to add that as allowable or is it -- MR. JACKSON: Well, we put them in -- we should -- yeah, allowable as an accessory use is what you're saying. COMMISSIONER SCHIFFER: Correct. MR. JACKSON: Okay. COMMISSIONER SCHIFFER: I mean, a hotel is going to want something. CHAIRMAN STRAIN: Okay. Is that it for the-- COMMISSIONER SCHIFFER: And I'm out of there. CHAIRMAN STRAIN: Okay. Anybody else got any questions through page 103? (No response.) CHAIRMAN STRAIN: If not, page 104 is just footnotes to 103 and prior to them have been crossed out. So we'll go to 105, 106 are both just chapter numbers and references. 107, any questions? Yeah. COMMISSIONER SCHIFFER: Just -- and this is just a clerical thing. Dave, up in A you refer to and I think just kind of make it clear with dashes or dots. It's 202, dot, 03, dot, 07, dot, I, dot, 2; correct? MR. JACKSON: Yes. COMMISSIONER SCHIFFER: That's scrivener's. MR. JACKSON: That's a good catch. And there's also a space that should be in there too. CHAIRMAN STRAIN: Page 108? COMMISSIONER SCHIFFER: I have a question on 108. Why did we change the side yard to ten Page 69 ~,_._-~~_.- ._,....,-~"..,-"'-, ... -,,~.__.~-- -......._,._-,,"'_...^'- ,----~.~.. . . _.__M.~_~____...,.__,_...__.__ ----------------~-- - --- ---~-- - --------- ~~c~tb ~l005 ~. _______n_ _ ____________ feet? Existing overlay's five feet. MR. EHARDT: Okay. Last time I think you brought up the building foundation buffer. And we felt that either the building's at zero or a minimum often so we could get a five-foot building buffer around the edge. Another five feet could be used for a sidewalk or something to go from front to back via parking in the rear. And we worked with the staff on -- on the buffering and the building foundation planning idea. And that's why we put it in there. COMMISSIONER SCHIFFER: Okay. I mean, I -- I do have a problem with the buffer. I don't think we should move the building to let the suburban buffer in the downtown zoning, but we can discuss that later. I think it should go back to five feet. The -- there's a lot of old buildings down there built at five feet. That must have been the setback in that area. Again, we're trying to create a downtown to have 20-foot separation between buildings. Is -- we're sliding back to suburban. MR. JACKSON: Well, you -- you have trouble with the range. You want a hard number? Is that what you want? COMMISSIONER SCHIFFER: I don't see a range. Am I missing something? COMMISSIONER MURRAY: There's no range there. MR. JACKSON: It says range three to ten feet. COMMISSIONER SCHIFFER: Where am I? COMMISSIONER MURRAY: Well, I don't -- I don't see that on there. CHAIRMAN STRAIN: Okay. We're on page 108, side yard. MR. JACKSON: Oh, excuse me. My -- my error. You're talking-- COMMISSIONER SCHIFFER: Some of the other -- the other urban overlays-- MR. JACKSON: You're talking side yard. COMMISSIONER SCHIFFER: -- do have zero and, you know, up to ten feet. I think those are well done. I think this one here should go back to five or go to zero to ten or something just to -- MR. JACKSON: I -- I think in the conversation that this came out of this -- we may have had it with the landscape architect from the staff, we had talked about buildings. And if you have two buildings and they don't want to go to zero lot line, if you wanted to have the building perimeter landscape in there other than a five-foot walkway to get to a parking area in the back, that if you wanted to allow the opportunity to put in some vegetation alongside of the building. So that was kind of a number that separated the building back from the property line so some landscaping could be in there if there was a walkway back to the back ofthe parking area. And I believe that's where this number came from. COMMISSIONER SCHIFFER: But, Dave, why -- okay. Remember we're downtown. Why do we want landscaping between buildings? MR. JACKSON: Well-- COMMISSIONER SCHIFFER: Well, anyway, I mean, so you're saying is that in conversation since this meeting with the landscape department, you decided to spread the buildings down there 20 feet a part so that you can put plantings in there? MR. JACKSON: Okay. You would like to see it go back to five? COMMISSIONER SCHIFFER: Yeah. I'd actually like to see it like the other urban one to be zero to ten I think would be nice. MR. JACKSON: Under your recommendation, we'll change the number to five. MR. EHARDT: You said zero to ten? COMMISSIONER SCHIFFER: I'd like that because that's what you're doing in some of the other ones and that makes sense. I mean -- MR. EHARDT: Yeah. Well, zero to ten we could -- if it's ten feet, you could be a minimum often feet. Page 70 16 , 1 . ..., -------.------..'-----.-...-" - _._~._--_._--------_..__._.- December 15 2005 __'__'_"'..__n__ ____, L.,_..... .,. COMMISSIONER SCHIFFER: No. Zero to ten would be -- you've got to be -- you can't go less than zero because you're on the neighbor's yard. And then you've got to go no more than ten. MR. JACKSON: So you're giving the builder -- the builder an option? COMMISSIONER SCHIFFER: Yeah. But -- but -- but, you know, this thing's gone through all your reviews at five feet. I think we should put it back to what everybody expects it to be and -- MR. EHARDT: Well, five feet is what exists today, what's in the ordinance today. COMMISSIONER MURRAY: Mr. Chairman, maybe Ms. Gundlach would like to speak to the issue if it pertains. CHAIRMAN STRAIN: Who? COMMISSIONER MURRAY: Nancy. CHAIRMAN STRAIN: Oh, okay. COMMISSIONER MURRAY: Did I mispronounce her name? CHAIRMAN STRAIN: You didn't call her Nancy. MS. F ABACHER: Gundlach. COMMISSIONER MURRAY: Oh, that was my error. CHAIRMAN STRAIN: I know her as Nancy. I don't know -- I know the new name. I haven't heard -- MS. GUNDLACH: For the record, I'm Nancy Gunglach and I'm a landscape architect. CHAIRMAN STRAIN: How do you spell that? MS. GUNDLACH: With zoning and land development review. Oh, G-u-n-d-I-a-c-h. And, yes, we did meet regarding landscaping. We didn't talk about this particular issue. It's as you wish. COMMISSIONER MURRAY: You have no objection if they were to go zero -- zero to ten or zero to five or -- MS. GUNDLACH: Actually, I just want to clarify that. As far as the side-yard setback, we did not discuss that so... COMMISSIONER MURRAY: Do you have an opinion on it that we -- MS. GUNDLACH: Well, I like -- I like Joe's idea that if we do have a ten-foot setback and you have a sidewalk running back there, it wouldn't -- it wouldn't -- it would be pleasant to have some landscaping there. But if the building's at zero, it's at zero. It will be no sidewalk or landscaping. MR. EHARDT: As you're saying these things, I'm thinking about why I did some of this. If you have a particular parcel and you're going to put a building on it and you say that the side yard is five feet or zero. Let's say it's zero feet and you put it on the property line on one side, but the other side you've got a parking lot or something like that. This is -- allows the perimeter landscaping to go around that. And we're -- again, we've changed the rules from what the county has now. Irregardless of the height, we have a five-foot perimeter landscape foundation, I'm using the wrong word, building foundation landscaping zone around the building if there's room to do it. And, obviously, if you have zero, there's no room to do it. So that's why we had it in there in case you have something -- you know, the building doesn't fill up the whole site that's going across there. CHAIRMAN STRAIN: Okay. Is there a concensus -- MR. EHARDT: Does that answer or are you still -- COMMISSIONER SCHIFFER: I mean, I think five feet -- COMMISSIONER ADELSTEIN: So do I. COMMISSIONER SCHIFFER: -- it should stay at five feet. I think people have made commitments. Remember, this is an existing overlay. I mean, to wiggle the rules on it somewhere someone's got to go out so... CHAIRMAN STRAIN: I didn't have a concern. I don't know about the rest of the commission. If Page 71 _.-..---~. ",-.,..''''-'- --.. ...._~,._.-..~". ,. " -''^--''''-"''~' 1611 --~------ December 15, 2005 there's no concern we'll-- COMMISSIONER MURRAY: I'd like to see the five myself. CHAIRMAN STRAIN: Yeah. We'll leave it at five. Brad, do -- are you done with page 108? COMMISSIONER SCHIFFER: Yes, I am. CHAIRMAN STRAIN: Page 109. COMMISSIONER SCHIFFER: 109 up at the top the -- we discuss flood zone. I mean, what little review I could do, it appears that most of the area is about a foot -- the grade ofthe area is about a foot to maybe 18 inches above the flood zone. It's slightly above what the flood requirements would be. So the concept of the first floor elevation, that sidewalk, I think -- first of all, I think the first floor elevation by FEMA is not going to wind up at the sidewalk height. I -- you know, one of the comments that Mr. Fernandez made earlier is this is a busy street. This is not a -- even Fifth Avenue I don't think has the speed oftraffic this is going to have. I think that if we did encourage people to raise their thing 18 inches, I don't think that's high enough to make it appear as if they're not at grade level, but it would be high enough to start getting -- if you had sidewalk cafes and stufflike that out front, a little bit better protection from a runaway vehicle. I think if the side -- you know, 18 inches is a nice height. It puts people in a safer position if something went wrong with the traffic. So I think that to make sure that people aren't forced to building below flood zone, I would like to just see -- CHAIRMAN STRAIN: First floor elevation level with a sidewalk for commercial and mixed use you'd like to see it raised 18 inches above the crown of road. Is that what you're saying? COMMISSIONER SCHIFFER: Or at FEMA. I mean, it's unfair to push a developer below FEMA. You're right. There are little dam systems you can build to put on your stuff, but that's fooling with Mother Nature and that doesn't always work. That rarely works. Dave, does that pop a vision here or -- MR. JACKSON: Yes, sir. We discussed it last time. We were going to talk about it. We never had that conversation. So what is the language you would like to see? COMMISSIONER SCHIFFER: I would say that, you know, you could put it at the -- well, here's kind of a problem. Let's say we make somebody put it at FEMA. Prudent designers, and I do this, I don't like to be right at FEMA. Maybe FEMA isn't right so people do tend to bring it up or down. You're talking about, you know, flooding of people's buildings in storms. I think that if you said that within some dimension of the sidewalk. MR. EHARDT: Could I add a comment? And I apologize for this. If you see the section we talked down below on that page on height and so forth, it does reference the FEMA requirements. I think I could delete that top box up there completely since it's described down there in the measure of heights from first floor elevations and so forth. COMMISSIONER SCHIFFER: Right. I think -- the only thing the top box does give you is the intent that you don't want people building it up four feet or you don't want people doing all kinds of geometry with it. MR. EHARDT: Well, I think last time we talked there was concern that we build the first floor elevation at least to FEMA standards. And someone I think, maybe you did, sir, had mentioned even a foot higher or something like that. Now, we're saying we're going back to what we originally had, that we're going to build it to the FEMA standards, whatever that might be. Now, if someone wants to add something on top of that, let me know and we'll add it on top ofthat. COMMISSIONER SCHIFFER: Well, actually what we're saying below, which is good, is we're Page 72 .1611 '1\ -_..~-----~---------- - - - ~---- - - - - - - - --~ - __ ____ _____ December 15 2005 ~ _____,__ _,_n,. ,,_________, ,..'--_.._,---," ,----, , measuring from FEMA standards. In other words, to measure your height of your building. That doesn't mean your first floor has to be at FEMA. It just means that you're going to start measuring at FEMA. MS. F ABACHER: No. MR. EHARDT: The first floor elevation by FEMA standards? MS. F ABACHER: First habitable floor by FEMA standard means above base flood, that or above base flood. COMMISSIONER SCHIFFER: Well, it's measured from first floor elevation by FEMA standards. Well, what if my -- MR. EHARDT: I don't mind clarifying it up in the top box if that's okay. I mean, I'll-- CHAIRMAN STRAIN: We1ve got to get to a resolution. You -- you suggested eliminating the top box and -- because it's explained down below. Why don't we just do that and be -- COMMISSIONER SCHIFFER: The goal is I don't want people forced to build below FEMA. CHAIRMAN STRAIN: Well, they're not if we remove the top box so... COMMISSIONER SCHIFFER: And that's a good solution. MR. JACKSON: If you take -- yeah. CHAIRMAN STRAIN: Is there anything else on page 109? MR. JACKSON: So that box is eliminated, correct, sir? CHAIRMAN STRAIN: Yes. MR. JACKSON: Okay. CHAIRMAN STRAIN: Anything else on page 109? COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: Page 110? (No response.) CHAIRMAN STRAIN: Page Ill? COMMISSIONER SCHIFFER: Wait. 111, I'm sorry. CHAIRMAN STRAIN: Where are you at? COMMISSIONER SCHIFFER: I'm on 111. CHAIRMAN STRAIN: Okay. 111. My question is No.9. It allows the administrative staff to reduce parking requirements. It previously had a maximum reduction. Now it's got none. I'm not particularly comfortable with that and I'd imagine staff wouldn't want to be in a position to have a reduction that's unlimited and have to try to justify it administratively and not put it through a process so... MR. JACKSON: The conversation as I recall from Ms. Murray was that they already have a process in the code for a deviation for parking that's already in place. CHAIRMAN STRAIN: Unlimited? MS. MURRAY: Yeah. Essentially there is no limit on it. CHAIRMAN STRAIN: So, you mean if someone comes in and wants to wipe out all their parking spaces, you guys could administratively approve that? MS. MURRAY: No. The code requires you at least to have a minimum of one, but it's -- it's -- I would call it a fact-specific application. Meaning, if you present certain evidence or facts that would allow you to reduce your parking to an unlimited amount with the exception of one space and -- CHAIRMAN STRAIN: Well, rather if it's already in the code, then why don't we strike the redundancy here? Just for -- you know, if it's already in the code, you don't need it here too. MR. JACKSON: We can reduce -- take out the -- the-- CHAIRMAN STRAIN: Starting with, the county's administrator of community development. MR. JACKSON: Yes. Right. CHAIRMAN STRAIN: Yeah. Strike through that. Page 73 .<.._"..~.~.. ,. _~_.,__,..'....__.A..._.._."....~__,~.. . .........- ...__a."" .. .. -~_.."..,^ 1611 t1 . . __ ___n____... _______. _. . _..__ ____ _...~,_. ._._._________.____________.~.___ ..._...._...___~____ - ___.0______-- -Decernber-15~-2005- -,- MR. JACKSON: The front part needs to be there for people to understand that there's existing sites. The staff wanted that to be defined. And I think you had some discomfort with that on how much does a person tear down before it becomes new or existing construction. So we'll take it from that point and delete. CHAIRMAN STRAIN: Okay. That way it stays consistent with the LDC and if the LDC gets changed in the future, then everything's still the same. MR. JACKSON: Correct. CHAIRMAN STRAIN: Anybody else have questions on page Ill? COMMISSIONER SCHIFFER: Just eight up above that. Is that -- I mean, what we want -- we want to kind of encourage shared parking and stufflike that. So the county manager has to approve it or his designee has to approve that? MR. JACKSON: Number -- No.8? COMMISSIONER SCHIFFER: Number eight, yeah. MR. JACKSON: No. There's -- that's all strike through. COMMISSIONER CARON: It's all strike through. MR. JACKSON: It's according to code. COMMISSIONER SCHIFFER: Well, but the code's where I'm reading from and that's where it requires the county manager to approve the off-site. And there was -- essentially what you've done is taking wording out of there because it is in the code. MR. JACKSON: Correct. COMMISSIONER SCHIFFER: Okay. So that's the rules we're going to go by? MR. JACKSON: Correct. COMMISSIONER SCHIFFER: I mean, you're okay? All right. CHAIRMAN STRAIN: Page l12? COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: I've got something and, Nancy, maybe you want to come up. MS. GUNDLACH: Yes, Commissioner. COMMISSIONER SCHIFFER: I think would it be okay to add a note to buffers that the requirements of 4.602 which is the buffer requirements are not required in case there's these conditions where buffers -- in other words, you're describing one of the many buffer requirements we have. So essentially what I'm saying is, do we want to eliminate all the other buffers or there -- MS. GUNDLACH: I would not recommend that because there are existing property owners who have -- who have interest as well and we want to protect them. COMMISSIONER SCHIFFER: Okay. But so what this states is that all the other buffers in the code which is, again, you know -- and when I say "suburban code," I don't mean that to be a detriment. Think we build a beautiful town, a beautiful suburban town. Now that we're focusing on urban projects, the rules I think should change. And I think this is one of them. In other words, if we apply all the suburban buffers to these projects, it's not what the master plan envisions. I understand what you're saying. I think this is a good buffer. I don't want to eliminate this, but the buffers are going to be required between projects. The buffers will be -- I mean, individual parcels would all be buffered. And these are tiny parcels which we're supposed to be building a downtown. And, again, this -- this isn't -- the geometry of these lots aren't going to be such that this is going to work. MS. GUNDLACH: I under -- oh, did you want to respond? MR. EHARDT: I'm -- I'm not quite -- I know what you're saying yet I don't know what you're saying. This applies just to the NC category? Page 74 1611 -------------- -_._---~- --------- --_.._-~.__.- Decemher-IS ~OOS------ COMMISSIONER SCHIFFER: Correct. MR. EHARDT: It doesn't apply to residential or anything -- okay. All right. COMMISSIONER SCHIFFER: And the NC category is intended to build urban downtown; correct? MR. EHARDT: Well, I wouldn't necessarily say a downtown, but more of a mixed use type of development that has, you know, pedestrian friendly environment and so forth for pedestrians and so forth. I mean, we're limiting the height only, you know. COMMISSIONER SCHIFFER: But what our code would require now is between each of the projects along that street, each property would have a ten-foot buffer on it. So what you envision this town is that -- imagine Bayshore. Imagine these small towns at each property line ten feet to each side of that property line you have to have a ten-foot buffer. If that's the case, then-- MR. EHARDT: This would -- this would be between commercial and residential. I mean, on Bayshore you basically got the commercial in the front and the residential in the back. COMMISSIONER SCHIFFER: Our code requires buffers between commercial. Our code requires buffers between everything because it's a beautiful -- MR. JACKSON: But you just had your setbacks set at five feet on the side setback. So with a five-foot setback with a building, you can't put ten foot of buffering in there so -- COMMISSIONER SCHIFFER: And I think, Nancy, the code says that if the setback is less, the buffer's there. Now, we can't have -- okay. Let's say we have two five-foot things. We have a ten-foot buffer running through there. We can't have sidewalks on that buffer. In other words, I think what we have to do is we have to get the image to match the words. And if the image is to build a -- I mean, what is the image to build? Maybe I'm missing it. MR. EHARDT: No. I think you have the image. I didn't realize there were buffers between your commercial. COMMISSIONER SCHIFFER: We have buffers between buffers and we built a beautiful town from it. Don't -- don't -- you know, I don't mean to be a wise guy on buffers. We owe a lot to the system, but I don't think it belongs downtown. MS. GUNDLACH: Can I make a recommendation? The vision I'm seeing is buildings close to the street, parking behind the buildings. We eliminate that ten-foot wide buffer. Best case scenario, maybe we get two commercial developments that come in at the same time that are brand new and we get ten feet from each of them. That's a 20-foot strip. We eliminate that then we won't have any trees. I don't know that that's a good thing. COMMISSIONER SCHIFFER: But here's what I think we'll have. And you see it, like, on Fifth Avenue which I don't know if this came by regulation, but they have courtyards. There are people walking between buildings. Remember, a building has bad sides and good sides. There may be, you know, duct work coming out of a restaurant and one of these five-foot strips that you don't want people walking down. And what you envision is these nice patios where people put planters and people dress it up. They're sitting out there in these things. I mean, so I think look at what this is. You wouldn't be able to have that because you'd have -- the way the code is now, 20-foot of buffer. MS. GUNDLACH: Yeah. And the other recommendation I would make is we need to consider the property owners who aren't redeveloped at the same time that that new commercial piece comes in. I have a project I'm reviewing right now. And it's currently -- it's a commercial project and it's located next to existing residential. And without our current buffer requirements, there would be no buffer between them and the new parking lot that's been located at the rear of the commercial building. So we have to consider the people who are already there. COMMISSIONER SCHIFFER: But the buffer requirement you wrote here would cure that and Page 75 'f~,",-_"._"_._~ __,_.. M~_ 161 1 _______~_,______~____.~,.~ n_____________.._.__ . De_cemher.15,2005 that's a good one. I'm not saying kill this guy. The guy you put in is good. What my comment is, is can we make a statement that removes the requirement to meet the, in a friendly term, suburban buffers? MR. EHARDT: I guess I need to ask -- ask Nancy, but where are the buffer requirements between commercial, I guess? How do they -- what are they activated on? I'm sorry. I didn't-- MS. GUNDLACH: Commercial development to commercial development would be a ten-foot wide Type A buffer. Overall, together it forms a 20-foot wide buffer with trees 30 feet on center. COMMISSIONER SCHIFFER: And no sidewalks running through it. You can cross it, but you can't run the length of it so the -- I mean, it's -- again, it's a matter of is this an urban vision or is this a suburban vision? MS. GUNDLACH: Just one other consideration. Where will we put the water management swales if you don't have the buffer to put it in? COMMISSIONER SCHIFFER: That's a question I have coming up. MS. GUNDLACH: Okay. COMMISSIONER SCHIFFER: I mean, we're going to be going -- again, if it's an urban situation, we're going to be going through retention, you know, devices and stufflike that. But that's what people do in urban situations. MS. MURRAY: For the record, Susan Murray. I'm curious. The setbacks here aren't zero. And when you go down Fifth A venue, I mean, you're pretty much looking at building to building to building with breaks in between. You know, that's not really the situation here. You've got setback requirements with them. If I'm incorrect, let me know, but it seems to me we ought to introduce some green requirements between buildings as breaking up of the concrete and the monotony and the -- it's also providing for a buffer. COMMISSIONER SCHIFFER: But, again, maybe what the problem is when we all close our eyes and envision what this street is, we're not seeing the same thing. I mean, I'm not seeing buildings -- you know, they required minimally 35 feet. So let's say we get 40, 50-foot buildings close to each other, you know, with buffer -- with landscaping in between. That's totally not-- MS. MURRAY: Well, maybe it's not between every building, but maybe there's some way of introducing a green element there because -- MR. EHARDT: I -- I would say if there's a -- and I apologize for not realizing buffers between commercial and commercial. That's why I went back to the zero or ten-foot setback, side setbacks, because we could get foundation planting in there and even room for a sidewalk to go to the back. It's not called a buffer, but at least there would be some green and landscaping in those areas when you have that. In other words, you could have two buildings twenty feet apart, five-foot landscaping foundation planting running parallel and some type of sidewalk for common use to go to parking in the rear. COMMISSIONER SCHIFFER: But that's not our buffer system, Joe. I mean, our buffer system -- MR. EHARDT: What I said -- I said -- what I was saying is that we would delete like you were suggesting the buffer system between commercial to commercial on the NC. That way we'd have to put that language in here. MR. JACKSON: If! may, Mr. Schiffer, I don't know where you're going with this because we just established a side setback for new construction buildings at five feet from the property line. By -- by definition you can't put a 20-foot or la-foot buffer in there. So I don't know why the conversation is going on when you can't put the buffer in because you've mandated a five-foot side setback. MR. EHARDT: The building might not take up the whole length ofthe side. COMMISSIONER SCHIFFER: And I'm -- I'm clear where I'm going. I mean, there's no surprise. I don't think that the buffer requirements in our code apply to these areas. I think we can add buffer requirements like we did both buffer requirements to protect surrounding people from this. But I think that Page 76 1611 _m__..___~__ ----~~~- -- _~___Dec~_!TIbexJ_~~~Q05_____~ the buffer requirements we have just don't apply to the vision of this area. MR. JACKSON: Do -- do we say in here and can you point to the paragraph where we say that we have to have a ten-foot-between-commercial-properties buffer? COMMISSIONER SCHIFFER: Yeah. On page 112 J, as required. And remember -- I'll read it. As required by division Chapter 4.06.00 of the code unless specified other below. I open this up. I requested that we specify that 4.06.02 is not required, which is the buffer scheme. MR. JACKSON: Okay. So we solve that by saying 4.02 is not required. COMMISSIONER SCHIFFER: I think that's what you really want. I mean, are people going to do ugly things between buildings? I don't think so. This town rewards itself by doing nice courtyards. The buffer system wouldn't even let you walk through that area. MR. EHARDT: I -- maybe it's a matter of intent how this was worded. The idea was that what we wrote here for buffers is it, period. COMMISSIONER SCHIFFER: Well, that's -- MR. EHARDT: That -- that's -- that's what we were trying to say. Now, maybe we need to clarify that. COMMISSIONER SCHIFFER: If you use my words, that's exactly what you get. CHAIRMAN STRAIN: Okay. Now, that's as clear as mud. What do you -- COMMISSIONER MURRAY: I have -- I have an issue. On -- on Architectural G, Item 6, I'm -- I'm -- I know that you can fluoresce something, but I didn't know that there was such a thing as fluorescent colors. I understand you were trying to get away from the neon. I understand we had that conversation. MR. EHARDT: What -- what I -- what I did was to reference the word that was used in your architectural code. COMMISSIONER MURRAY: And that's fluorescent? MR. EHARDT: Yes, sir. COMMISSIONER MURRAY: But when you combine that with colors, does that-- MR. EHARDT: I think it talked about colors, if I'm not mistaken. I think it talked about colors. COMMISSIONER SCHIFFER: One thing you remember, we passed a -- COMMISSIONER MURRAY: You can fluoresce black, you know. COMMISSIONER SCHIFFER: We -- we passed the revision to remove the words "fluorescent colors." They're not allowed in the architectural standards anymore. But this is somewhat redundant, but it wouldn't hurt. COMMISSIONER MURRAY: Okay. So fine. CHAIRMAN STRAIN: Okay. I have one question. MR. EHARDT: So we're leaving it there or we're taking it out? COMMISSIONER SCHIFFER: Well, if you took it out, it wouldn't matter because the architecture standards doesn't allow it anymore. COMMISSIONER MURRAY: If the standard doesn't allow it, that's -- I just think it brings a question to mind, but that's okay. MR. JACKSON: Okay. If it's redundant and we're-- COMMISSIONER MURRAY: I think it's redundant. MR. JACKSON: Okay. Then we will strike that. COMMISSIONER SCHIFFER: Assuming that the -- it's in this cycle that we're taking it out, so if it failed, you'd wish you had it. It shouldn't fail. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: Why don't you just leave it alone? MR. JACKSON: Okay. Page 77 - ~..."-_..." , """""I;lt -~,--","""'.'~'"-'-",.,._-- -"--"'---'-"""^''"-'''~'-''''~''-''''''"''-._- --_._-~.._----~~ _'_0-__- ____..____.________ ____________ ________~________ -~------------ uu_De~iae' 11_2005 CHAIRMAN STRAIN: I think we've explained it. It's addressed somewhere else. It's not going to hurt to have it addressed here, so let's just leave it alone. Under 2, Buffers, I have one question. It says "Landscaping shall be on the commercial side of the wall." You're up against a residential product. Is there any thought to putting landscaping on the residential side as well rather than having a blank wall there for the residential component? MR. EHARDT: I'd like Nancy to answer because we talked about this and I think this was one of her suggestions or a combination of suggestions. MS. GUNDLACH: We -- we've have had some experiences in -- in this particular area where we applied our current code requirements of setting the wall six feet off the property line and putting all of the landscaping facing towards the residential. And what we're finding is many times the residences already have fences and walls in place. And so we end up with this dead zone. And then on the commercial side there's absolutely nothing. And so there's no benefit to the property owner, the commercial property owner who's spending all the money on this. And it just, quite frankly, has not been entirely successful. So we changed it. CHAIRMAN STRAIN: So a residential property owner could have -- be surrounded by three solid white walls with no landscaping? MR. EHARDT: Right. I think another issue -- and I just -- this is more of a maintenance issue. I'd assume that if the landscaping went on the residential side of the wall, that would be on the commercial property owner's property. In order to maintain that, he would have to get permission every time he wants to weed or water or do something to go on the private property to be able to maintain that five foot or whatever distance we have. I don't know how that works today. Maybe that's why the stuff on the residential side looks pretty bad because no one's getting access to maintain it and the resident maybe doesn't feel -- it's an apartment or something like that. COMMISSIONER SCHIFFER: That's a good question, though, Mark. Is the wall on the property line or is the wall anywhere in that buffer? MR. EHARDT: It would be -- it would be on the property line. Maybe I need to say that. COMMISSIONER SCHIFFER: Yeah, say that. Then that way the landowner could -- he could put his own planting on the wall if he wanted it. CHAIRMAN STRAIN: Page 113. COMMISSIONER SCHIFFER: I do. Up at the top and it's foundation planting. Most ofthe logic is the same as we applied before. Again, you know, to take a building -- what -- what foundation planting is that surrounding the building with planting. First of all, with mold becoming a big issue, designers don't like to surround buildings with planting anymore. But, again, we're creating a downtown. If you have, you know, I mean, we want restaurants. We want, you know, hard surfaces. We want a lot of -- I mean, we don't -- MR. EHARDT: If -- if you -- and, again, I go back to if you have a particular lot configuration, whatever it might be, and the building on one side is set to the zero line and the other side happens to be access, driveway access or access to a parking lot, I think you would want some perimeter landscaping around that. Now, if it's at zero, you don't have -- obviously, you don't have it. COMMISSIONER SCHIFFER: All right. But we don't have -- we're not allowed zero in this -- in this -- in the -- MR. EHARDT: No. I'm talking about a setback. COMMISSIONER SCHIFFER: I don't think we ever allowed zero setback in here. Am I wrong on that? MR. EHARDT: A side setback. COMMISSIONER SCHIFFER: I don't think we are. Prove me wrong, though. Because I Page 78 -_.~----------_._-,-_._---- D~e~Jr 1 2005 ...., '""..__.._----"--~-- ~"---_..,' mentioned that last time and we didn't want that. MR. EHARDT: The downtown area, sometimes the buildings are up next to each other. COMMISSIONER SCHIFFER: I used to -- COMMISSIONER MURRAY: It's Fifth Avenue I think you were referencing. COMMISSIONER SCHIFFER: Well, I don't think it's in here. I don't think we're allowed zero in here. MR. EHARDT: It's not in this. It's not in Bayshore, no. It's five. COMMISSIONER SCHIFFER: Right. We are in the other ones. I don't know why we're not here, but we aren't so... MR. JACKSON: You're adverse to putting foundation plantings, Mr. Schiffer? COMMISSIONER SCHIFFER: Well, I don't know what they really means here. I mean, in terms of -- because remember, it's a requirement. It has to be there. And that foundation planting can't have anything in it but plantings. So that means that in have a restaurant and I want people to have an outdoor patio, I have to have planting up against my building. It goes all the way around the building. You know, I've got the backyard surface. I've got the rest of it there. MR. EHARDT: It -- I mean, that's why we put in 80 percent. We can make it 70 percent or 60 percent of the perimeter. We're just talking about -- we're changing this from what you have today which the width of the foundation buffering increases as the height goes up. COMMISSIONER SCHIFFER: Correct. MR. EHARDT: We're just keeping it five feet and we're saying it's the perimeter of the building, 80 percent of the perimeter. Ifit's 100 feet, then it's 80 feet that gets landscaped. Now, we can reduce that by -- you know, reduce it down or eliminate it. COMMISSIONER SCHIFFER: Well, again, you know, close your eyes and envision an urban scene. I mean, I certainly want trees and I want plantings and you want all that stuff, but do we want a requirement that requires the total perimeter of the building or 80 percent of the perimeter of the building? And, you know, but that's not it. I like that, but that's not perimeter planting. Nancy, right? That's not foundation planting. MS. GUNDLACH: That would be considered it. COMMISSIONER SCHIFFER: Where? The stuff at the end of the sidewalk? MS. GUNDLACH: Uh-huh. We give people that flexibility. COMMISSIONER SCHIFFER: Well, the words don't. I mean, in the code the perimeter has to be right along side the building, I thought. MS. GUNDLACH: We have images in the code that show that. COMMISSIONER SCHIFFER: Well-- COMMISSIONER MURRAY: Which I think ends a lot ofthe issues that have been raised, in truth. COMMISSIONER SCHIFFER: Well, but -- but, you know, we've been held fast to be putting up against around the building. I don't -- if -- I mean, first of all, that's landscaping on the right-of-way. I mean, I think that looks good and I'm expecting this to have stuff like that. CHAIRMAN STRAIN: Okay. Is there any more, Brad, or do you know need a resolution with it? COMMISSIONER SCHIFFER: Well, no. Then let's say that the perimeter planting -- I mean, let's put a requirement that allows you to do that. CHAIRMAN STRAIN: Well, we've given that -- if there's direction requesting to clarify perimeter planting and what you mean, you're going to come back apparently now in January anyway, so why don't we just bring it back then. Maybe -- and that's a -- Commissioner Caron just mentioned maybe put some pictures in there or something to show what the intent is. Page 79 -'->---.""'-'" "...,.,,,."--~,_.~-,- -- .-,------ ----~.__._. .__._.._-~ Decele~! ~O5 ____,,'~,_" '-"..._ ___,_ m____ COMMISSIONER CARON: So that way everybody will get the idea. CHAlRMAN STRAIN: And we can get -- COMMISSIONER SCHIFFER: And how would that apply, like, the rear side and everything? CHAIRMAN STRAIN: Well, let --let staff address it and come back with a suggestion. Does that work for you, Nancy? MS. GUNDLACH: Yes. CHAIRMAN STRAIN: Okay. Any other questions on page 113? (No response.) CHAIRMAN STRAIN: Page 114. COMMISSIONER SCHIFFER: My only question there is the word "crackers." Is that where we-- I mean, I've seen bar fights start over that word. CHAIRMAN STRAIN: It should be "redneck." COMMISSIONER ADELSTEIN: Okay. COMMISSIONER CARON: Moving right along. COMMISSIONER MURRAY: Oh, my. CHAIRMAN STRAIN: Okay. Page 114, no other comments? (No response.) CHAIRMAN STRAIN: Let's go to page 115. COMMISSIONER ADELSTEIN: Item 4 talked about bedrooms. It says "space plus one bedrooms" and take the S out. The red S. MS. F ABACHER: It is out. CHAIRMAN STRAIN: It is out. There's a little line through it. COMMISSIONER MURRAY: It's hard to see. MR. EHARDT: It's hard to see, but there is a line through it. COMMISSIONER MURRAY: It's struck. CHAIRMAN STRAIN: Okay. Page 116. COMMISSIONER SCHIFFER: Well, let me just ask a question on that. Section K which is bed and breakfast, bed and breakfast is allowed in neighborhood commercial, but it's also allowed in BMUD. Is this a good place to put that or -- and I'm not sure where else you'd put it, but -- MR. EHARDT: I was asked to -- I mean, David, I think you asked me to move this from where it was to this new section. I don't -- I'd have to ask him the reasons why, but I think I had it further back and we moved it up here. COMMISSIONER SCHIFFER: So is this -- is this its final resting place or -- MS. F ABACHER: That's where all the standards are. COMMISSIONER SCHIFFER: The standards for NC. It's also allowed in the next one. The waterfront district also allows bed and breakfasts. I'm just -- I don't know where else to put it, but it just -- unless there's a general. MR. JACKSON: Well, if you wanted to be all inclusive would be to copy this section and put it in the Waterfront section. COMMISSIONER SCHIFFER: Or maybe note it also applies to waterfront up here or something. I don't know. MR. JACKSON: Then they may not find it then because they'll never read that. COMMISSIONER SCHIFFER: Okay. MR. JACKSON: So we'll cut and paste it and we'll put it in waterfront. MR. EHARDT: Well, the purpose ofthe waterfront does say it reflects everything that's in the NC except with additions to what's here. Page 80 --.-.-.-- -_..__._.~.._-----_._.__.."..._._----_._---- - --_._..__._-_._._-~._-- .u__ ~L15,2005- COMMISSIONER SCHIFFER: Then that does it well, then. MR. EHARDT: The first sentence there, Purpose A under Waterfront I think refers to NC. COMMISSIONER SCHIFFER: Okay. You got it. That's good. CHAIRMAN STRAIN: Page 116. Any questions on page 116? Mr. Jackson, 5B and 6B are not written the same? MR. JACKSON: Correct, and as I caught it. This is one of those oversights. We're going to -- I'm going to go back and take B and C, the paragraph 5 and 6 are redundant and take them and combine them -- put it together. That -- this came out of the difference between Bayshore Drive and Haldeman Creek. CHAIRMAN STRAIN: Right. MR. JACKSON: And we'll make it read a little bit smoother. CHAIRMAN STRAIN: Okay. That was my only comment on 116. Does anybody else have any comments? (No response.) CHAIRMAN STRAIN: If not, page 117. Going once. Going twice. (No response.) CHAIRMAN STRAIN: Page 118. COMMISSIONER CARON: Yes, I do have one. Where it says "parapets on flat roof can be no more than four, five" or is it supposed to be 45 feet in height? CHAIRMAN STRAIN: Page 117, second to the last box, right-hand side. MS. F ABACHER: I think that -- excuse me. COMMISSIONER CARON: Is it four or five or is it -- MS. F ABACHER: Pardon me. Catherine Fabacher. I think the four is crossed through, Commissioner. It's hard to read. MR. JACKSON: Yeah. I think it's five. COMMISSIONER MURRAY: Four is crossed? CHAIRMAN STRAIN: Yeah. The -- see the-- MR. EHARDT: It's red and red and so it'd have to be -- COMMISSIONER MURRAY: Wow. That's a tough one. So it's five. CHAIRMAN STRAIN: Page 118. (No response.) CHAIRMAN STRAIN: Page 119. MS. F ABACHER: I have -- staff has a question. I think it says "may not be greater than one foot over the minimum first floor elevation. " CHAIRMAN STRAIN: Where are you at, Catherine? MS. FABACHER: I'm sorry. 3-A. CHAIRMAN STRAIN: Okay. MS. F ABACHER: May not be greater than one foot over the -- I'm just -- MR. JACKSON: That conversation came from Mr. Murray and Mr. Schiffer's conversation about the flood elevation from last time. And that -- Mr. Ehardt pointed that out several conversations ago that that one-foot number came out. And we didn't want it to be too high. So instead of being four or three, they decided it was one. Ms. Fabacher. MS. F ABACHER: I'm just worried about potential liability. If it's built before the new flood elevation maps are put in and it's at the current standard, then one foot up means when the new standard -- well, if they're not one foot up, then when the new standard comes in, they'll be at or below. And then for insurance purposes you get rebates on your flood insurance premium for having free board. So I'm just -- MR. JACKSON: Well, I don't think you can protect everybody. And right now what do you do, Page 81 -.. --......_- - .--....---... ~~N~ .--- 1611 '" -_.--....---~.~...._.. ------- u_ .______ _ ---DecemheL15 ,_2.Q05.-____~ stop all construction work till FEMA gets their flood maps in. We might be three years without a building gomg up. CHAIRMAN STRAIN: Whatever rules are in place when they're reviewed is what they're going to have to abide by so I'm not sure that your concern -- MS. F ABACHER: Well, that just means that they can't -- if they want to build one foot of free board in just to protect themselves because they know the new flood maps are coming or if they want to reduce their premium -- their flood insurance premium, they don't get that opportunity. That's -- I'm a question. I'm not arguing against it. It's just -- MS. MURRAY: Susan Murray for the record. I think what she's arguing is you can't go any higher than that. And if they desire to go higher than that in anticipation of a change, this limits them. MS. F ABACHER: Right. That's what I'm trying to say. MS. MURRAY: That's just a comment, I think, more than anything. MS. F ABACHER: A comment. Thank you. CHAIRMAN STRAIN: But if we have -- if we have the zoned height measured from FEMA, what does it matter how high they go? I mean, what if they -- what if they want to go three foot above free board, but the architectural embellishments to allow them to do that or the way the building appears is regulated in such a matter you really don't notice it, who cares? So why do you want to limit it to one foot over if it's part of the zoning measured height? That might just be a simple solution. MS. MURRAY: Yeah. We're not sure. COMMISSIONER SCHIFFER: I mean, what this is doing is establishing a fixed height for your first floor. It's obviously not going to be less than FEMA. You're saying it can't be more than FEMA. I mean, there is designs and old Florida designs, the houses are actually raised, you know, three feet or so above the ground; the crawl space mentality which does make sense. So I don't think it would -- it would violate the look of the house to have it raised up high. I mean, some people prefer not being slab on grade. COMMISSIONER MURRAY: I think that question raised -- was raised because of some of the illustrations that showed -- COMMISSIONER SCHIFFER: Right. COMMISSIONER MURRAY: And that was why we were trying to understand how to -- how to avoid a problem. I would agree, though, that you -- I'm not sure that the NFIP replacing FEMA is the right one. It may very well be the right phrase. It was an attempt. Now, I don't know that we want to preclude someone from building a little bit higher, but then you have this issue of exaggeration. MR. EHARDT: A suggestion would be, just leave it at the FEMA elevation. COMMISSIONER SCHIFFER: Well, then you're actually forcing them to be lower. In other words, the way this thing is worded. MR. EHARDT: How -- how -- I guess I don't understand, why are they -- why would we -- when they build a house, they're going to have the FEMA flood map and say they -- I mean, I imagine building inspectors are going to say your elevation has to be at least at the FEMA floor level. MS. F ABACHER: Excuse me. Catherine Fabacher for the record. I can answer that. Because we're in the process of changing. Although the county's fighting. FEMA has changed our maps and the elevations will go up. So that these would be noncompliant when the new -- by mandating, you're mandating that they be noncompliant with the new flood maps if they get approved. I mean, they've been accepted already. MR. EHARDT: In have a building that's going through the process now, what elevation do I have to build it at, the existing flood map FEMA regulation or not? I'm just asking. I don't know. I assume you have to build with what it is today. Page 82 .---~-_.- --."..-----..---- D~c~!r15 2005 -~--------,---- -" ,----~,-----~-"-"-,-,-,-,., ,---- - COMMISSIONER SCHIFFER: Or greater, yes. MR. EHARDT: Right. Okay. MS. FABACHER: All right. I'm just -- MR. EHARDT: And now -- MS. F ABACHER: The other point was the free board. MR. EHARDT: Well, the other -- my other question is, if it comes to a point, you know, two years from now and this has been adopted or the new maps have been adopted and someone builds a house, they have to still build it to that new elevation as a minimum, I guess. Is that -- COMMISSIONER MURRAY: That would be correct. MR. EHARDT: Is that right? I understand if you built today, you may be below the new elevation. MS. F ABACHER: And then you -- then you would become a nonconforming structure and that would tack on a whole bunch oflimitations to you. MR. EHARDT: I understand, but how -- how do we solve that today except don't build anything until the new maps come out? CHAIRMAN STRAIN: Do you have a problem if we just regulate it like we already have previously in this document. You build -- you build at -- your zone height is measured from FEMA and leave it like that. MR. EHARDT: Take the one foot out? CHAIRMAN STRAIN: Yeah. MR. EHARDT: That's fine. I've got no problem with that. COMMISSIONER SCHIFFER: What that means, Mark, is that the first floor of the unit can be at any height. In other words, I think what they were trying to avoid is the -- the up and down of the first floor. They're trying to set a uniformity. Is that right, Dave? MR. JACKSON: Well, all you have to do is drive through the Bayshore area. Okay. And you're going to see somebody living on an ant hill. They've built this huge mound of dirt and their neighbor next to them is somewhere six, maybe eight, maybe ten feet below them. And then the person next to them has built up two feet of dirt and has a two-foot stem wall and is in between that. So what you end up with is this rolling hill of front doors and porches there. And I think the intent was -- was to try to create some uniformity for the first floor so that the neighborhood looks like it wasn't a hodgepodge, but has some kind of -- you know, I mean, just some kind of conformity to it. And I think that was the intent there. I mean, and as you go through there, you're going to see that. That you end up with some really strange looking houses on top of a pile often feet of dirt and then that guy next door comes in and -- and has either stem wall or somebody is there with a pre-existing building and it's probably at whatever the level of the dirt was when he built 15,20 years ago. COMMISSIONER SCHIFFER: So, Dave, could we do this and -- and for guidance go back to your picture, the noncontroversial picture fmally becomes controversial. In it you show eight steps to the first floor. So why don't we set a height, but let's set it something like -- MR. EHARDT: I'm sorry. Where are you looking at now? COMMISSIONER MURRAY: At your document. MR. EHARDT: What page? COMMISSIONER SCHIFFER: Page 71. MR. EHARDT: Seventy-one? COMMISSIONER SCHIFFER: It shows you why you shouldn't -- this is why you shouldn't include pictures in codes. MR. EHARDT: I'll take it out. It's very easy to do. (Multiple voices.) Page 83 "---,.,~'--"____""''''",___,",____~___,'''''__'''__~__~_'''''" ~"H'_ 1611 ..;;,h! ---------..._-._~"------ --- -------------- ------ .DeG.elJlber_15.,.2.QQ5____ CHAIRMAN STRAIN: First floor, I count eight steps -- eight steps, six inches, four feet. So can we set a limit not more than four feet above the minimum floor, Dave, and you can do up to that or do you not want to do that? CHAIRMAN STRAIN: I have a suggestion. Would you talk with Mr. Schiffer during the break and try to resolve this issue? And let's take a break for the court reporter and for me to have some coffee to stay awake for the rest of the afternoon. It's 2:01. We'll be back at 2: 12. Thank you. (Short recess was taken.) CHAIRMAN STRAIN: Okay. We're ready to start, audience. It's 2:12. COMMISSIONER MURRA Y: Saved by the commissioner. CHAIRMAN STRAIN: Okay. Mr. Schiffer, did you want to tell us for the record what you resolved with your issue during the break, if any? COMMISSIONER SCHIFFER: Yeah. We set the height limit to be not higher than 850 feet. CHAIRMAN STRAIN: Good. COMMISSIONER ADELSTEIN: Eight-fifty? COMMISSIONER SCHIFFER: No. CHAIRMAN STRAIN: It's in the City of Naples too; right? COMMISSIONER SCHIFFER: Right. Right. Well, because of that landscape planning, we needed some height. So -- no. It's three feet. And then we decided to wipe out the last sentence. CHAIRMAN STRAIN: Okay. Let's back up. What is the -- in the 3A, the one foot change is to three feet and the last sentence drops. Is that what you're saying? COMMISSIONER SCHIFFER: That's correct. CHAIRMAN STRAIN: Okay. Any other questions on page 119? (No response.) CHAIRMAN STRAIN: Page 120. (No response.) CHAIRMAN STRAIN: Page 121. (No response.) CHAIRMAN STRAIN: Page 122. (No response.) CHAIRMAN STRAIN: Page 123. (No response.) CHAIRMAN STRAIN: The top of page 124 and the balance of this -- next pages all the way to 130 are all crossed out. So hopefully we have no questions about the cross-outs. COMMISSIONER ADELSTEIN: Yeah. CHAIRMAN STRAIN: And that wraps up the Bayshore Triangle. And I understand from reading the Gateway Triangle it is a mirror image. And I'm assuming that you'll understand that the things we mentioned in the Bayshore most likely apply to the Gateway. So insofar as the Gateway goes, instead of going page by page, since they are redundant pages, does anybody have any questions about the Gateway section of this? COMMISSIONER SCHIFFER: And, again, you mean different than -- CHAIRMAN STRAIN: What we already discussed in Bayshore because I -- I think the intention is very clear that what applies in Bayshore for the things we discussed will apply equally in Gateway. COMMISSIONER SCHIFFER: On page 163 -- CHAIRMAN STRAIN: Okay. Page 163. COMMISSIONER SCHIFFER: It's odd to see a setback given as plus or minus. It's a nice concept, but what is the intent of that -- that as opposed to -- Page 84 161 ) ------------------------------... ---------------------------..-.------ ~---_._--_._----- December 1 2005 . " , ---,-_.. ,.."" ,,- ,....,-, ,,,_.._---,-- CHAIRMAN STRAIN: Anything goes, maybe. COMMISSIONER MURRAY: Yeah. COMMISSIONER SCHIFFER: Yeah. MR. EHARDT: What we're -- what we're -- I'm sorry. What we were -- what we're trying to achieve is that along those three major roads, Airport Pulling, Commercial and so forth, Davis and so forth, we're trying to get that wide sidewalk type of application. At Airport, Davis and Airport Pulling -- 41, Davis and Airport Pulling you have out there right now from measuring with a tape measure, it may vary a little bit, 5.6, 5.7, maybe 6 feet of sidewalk that's there right now. We're putting our building setback from -- you know, so we get a 16-foot setback from basically the back of curb to where the building's going to be. So I put plus or minus because I don't -- it'll vary a little bit depending on what's -- how -- where that right-of-way line is of the sidewalk. I'm trying to get something -- consistency along there. I'm not sure if I'm explaining myself, but I'm trying. Before we said you had, you know, to do 16-foot from back of curb. COMMISSIONER SCHIFFER: But that would vary with the curb. MR. EHARDT: Right. Right. But you would always have that 16 feet. COMMISSIONER SCHIFFER: And that's not what you want? You want kind of it to start to line up; right? MR. EHARDT: Right. Right. COMMISSIONER SCHIFFER: Okay. Is the -- MR. EHARDT: If you have the -- if the building setback, that 16-feet, the facade of the building, the streetscape area may not be exactly ten feet. It may be a little more, a little bit less because of where the right -- the existing sidewalk is. If you look at-- MR. JACKSON: Would that be clarified? Instead of having the plus and minus in front of the ten, it would be ten plus or minus. Meaning that it's in and about. Would that clarify that? MR. EHARDT: If -- if you could -- it may. Let me -- if we could go to page 176. At the bottom there's a little illustration that we did. If you see where the car is and you go back up top ofthe page, that first distance there is about, I'd say, plus or minus 5.6 inches or something like that. That reflects what the existing sidewalk conditions are. MR. JACKSON: Page 167. MS. F ABACHER: Thank you. MR. EHARDT: Sorry. What did I say? MS. FABACHER: Where's the car? We're all saying, where's the car? MR. EHARDT: Oh, sorry. MR. JACKSON: Bottom -- bottom left. MR. EHARDT: That first band of the sidewalk next to the automobile there on the road is basically what the existing sidewalk area is out there. And it may vary a little bit. I put down there plus or minus 5 foot 6 inches or 5.6 inches. And then the rest of it's made up which becomes private property, the rest of it is the property. But that whole area becomes that streetscape zone. COMMISSIONER SCHIFFER: And your intent is to keep all the buildings in a line; is that right? MR. EHARDT: Right. Right. COMMISSIONER SCHIFFER: You don't want them varying at all? MR. EHARDT: Except for where we say you can have some recesses at three feet and the facade of the building and so forth. The streetscaping is more to define the pedestrian area that you go down. And I'm trying to -- the last time we said the county would build and do everything in there. What I'm saying now is that you have the county sidewalk area and then you have another 10 feet or maybe it's 9.6 feet or whatever. It gets built up to the existing sidewalk from the face of your building. And Page 85 --"-~'''''''''"-'-- ~.~__.,_<o ._ -.---~-- __.._m_~___ _________________n______ rkcelftJ~, lOQ5_ ._ the whole area is about 16 feet, measures 16 feet. And that's the pedestrian area. But that 10 feet gets maintained and built by the developer who redoes -- redevelops the property and he maintains it. But you can use it as a -- you know, obviously, you can walk along that. And I also was incorporating any landscaping we do would be on the private property. Therefore, you wouldn't conflict with utilities and other things that are along the existing sidewalk area. COMMISSIONER MURRAY: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. Mr. Murray. COMMISSIONER MURRAY: Wasn't that the question that raised the issue ofliability and there was the -- there was a phrase in there that said the county shall maintain it. Did you remove that part of it? MR. JACKSON: Correct. MR. EHARDT: We did. MR. JACKSON: That's all-- that's all been removed. COMMISSIONER MURRAY: Okay. MR. JACKSON: Liability would be any other public space that people are inviting public to come into their -- COMMISSIONER MURRA Y: That's an invitee. Yeah. Got it. Okay. Thank you. COMMISSIONER SCHIFFER: Are the -- we have right-of-way maps and the property line. There is a front property line somewhere. What you're saying is that the curb is wandering around. It's not necessarily uniform with that front property line; right? MR. EHARDT: The curb or the sidewalk may not be. COMMISSIONER SCHIFFER: Okay. MR. EHARDT: In other words, I -- I measured the width of the sidewalk at a couple places with a tape measure six months ago. And that's roughly on the -- on the different streets. That was about the average dimension that I got for a sidewalk area. And I know you're having a situation of -- or at least the redevelopment authority was in the sense of trying to get streetlights and having to try to get some on private property and they decided to put it on the public property. Well, when you do that, you narrow the sidewalk space down for walking. So we're saying put -- leave the sidewalk that's there, put in your streetlights on public property and then the 10 feet behind that plus or minus depending on where the right-of-way is is your other zone that's going to be basically the front yard of this commercial development. But we want -- we don't want just landscaping there. We want it hardscaped and then meet some design criteria that's going to be established by the CRA for that area. And you really end up with a sidewalk area that's set 16 feet wide, roughly. COMMISSIONER CARON: And the goal is to get to approximately 16-- MR. EHARDT: Yes, ma'am. COMMISSIONER CARON: Yeah. MR. EHARDT: And that's why I can't -- because the dimension may vary a little bit on each sidewalk that's there. Now, if we went and tear up the county sidewalk and build everything to the curb, which I guess is a responsibility later on as long as we didn't infringe with the underground utilities, I guess that's something the developer or the county may decide to do at a later time. I was trying to keep existing sidewalk there and put a new sidewalk on private property in a sense behind that that's at least 10 feet so we get an overall 16-foot width along there. CHAIRMAN STRAIN: Just to -- just to avoid unforeseen circumstance with the fact of leaving plus or minus 10 feet, that could -- in some people's eyes they may say 100 feet is plus or minus 10 feet. Do you have a cap? Plus or minus ten feet not to exceed just that -- just to be safe, is there a way to do that? MR. EHARDT: Well, I'm just trying to think. Page 86 -_.,. -'__~~~_~_~"__'__'_'_'~'___u lD~lJ. ilto05 COMMISSIONER SCHIFFER: Well, what if you did this. What if you pegged the dimension, what would happen then? You would -- the sidewalk -- the dimension between the building face which would be fixed and the sidewalk would start to vary. MR. JACKSON: Ifwe peg a number with the nonconforming strange shape oflots because of the takings for Davis and Tamiami Trail, you -- you may end up creating a situation where a person has to come in for a deviation and variances in there. If you give them a little bit ofleeway, it gives the opportunity for the planning staffto look at it and say, okay, there's some room in there to move. Ifhe says 10 feet and the guy can't make it at 9.6 feet, you know, then he's got to go for the variance. So the cost, time and money. So giving him a little bit of room because of the nature of the beast that we are living with today from past operations and building and infrastructure improvements that have gone in there. So I wouldn't -- I wouldn't necessarily -- I mean -- MS. MURRAY: I have a suggestion that might help but, Joe, you could probably tell me if this would work. Put -- I would definitely take out plus or minus and just put something like generally ten feet, you know, unless -- MR. EHARDT: I had -- yeah. I think that would work. I had another suggestion is make it 16 feet which includes whatever existing sidewalks the county has out there, period. COMMISSIONER SCHIFFER: Or, I mean, could this be resolved by measuring from -- COMMISSIONER CARON: I think that's a lot better. COMMISSIONER SCHIFFER: Could we measure from the center line of the right-of-way? Would that give us an exact -- MS. FABACHER: No. COMMISSIONER CARON: This is the simple list what he just came up with. CHAIRMAN STRAIN: Well, I think you-- COMMISSIONER SCHIFFER: Well, it's not going to give him his constant facade. MR. EHARDT: Well, yeah, it will. Because the building -- this is the sidewalk, the streetscape zone, not the building -- front building line. The front building line is 16 feet from back of curb, period. All I'm saying, there seems to be some variation from that 16 feet to where existing sidewalks are and it's not exactly 10 feet and it's not exactly 9.6 inches. It varies a little bit. So if I said the streetscape zone just to define it is the -- you know, 16 feet which takes me to the front ofthe building like I want. And that -- part of that is the existing county sidewalk plus, you know, private property development. Maybe that would -- CHAIRMAN STRAIN: Why don't you come back with some language on the 15th -- on the 1st-- or 5th of January with us that would be workable. Back to the Gateway Triangle. Are there any other issues in the pages under the Gateway? COMMISSIONER SCHIFFER: Yeah. Just looking, 64, down at the bottom. What that says is your setback is zero or ten feet minimum. In other words, you can't fall between zero and ten. You got to be at zero or you start at ten to build something else? MR. EHARDT: The reason I did it was to incorporate some ofthat perimeter landscaping -- foundation landscaping. So you could have two buildings that were ten feet off, like I mentioned before, with five-foot perimeter landscaping along it and a sidewalk -- you know, joint sidewalk that'll take you back to the parking in the rear. I don't see anything wrong. It can be zero or none. Or if you have a building, like I said, if you have a building that doesn't occupy the full thing. Let's say there's a driveway or a side parking lot, you may want to have perimeter landscaping around that, you know, base of that building. COMMISSIONER MURRAY: Given what you saw with Nancy's pictures which are I think very, very effective, wouldn't -- wouldn't you now revise your thinking on how to phrase it and you can come Page 87 -,~-".,,-- "---"',-.--,.-- ...~ ~;---- .... ~_.."" ---~- ____n____________ Deln&Jl12()~ back to us on the 5th; right? MR. EHARDT: I guess I'd have to understand the interpretation how they use it to allow that because I thought it had to be landscaped and adjacent to the building. COMMISSIONER MURRAY: Fifty dollars an hour she'll sit with you. No problem. CHAIRMAN STRAIN: But you'll come back with us on that one? MR. EHARDT: Yeah. COMMISSIONER SCHIFFER: Well, let me state. Joe, one thing too is that -- first of all, people could put the perimeter. What we're talking about is regulations that make people do things. People could obviously do better. What you just described in that 16 feet doesn't have perimeter landscaping in it so -- MR. EHARDT: Right. COMMISSIONER SCHIFFER: -- it could ruin -- what you just said wouldn't be able to occur. MR. EHARDT: And later on when I talk about perimeter building foundation landscape and I eliminate that front area because that has the streetscape standards on it on the front -- on the front of the facade of those buildings. COMMISSIONER SCHIFFER: That's got to be clear here. MR. EHARDT: Well, it is in the requirements in the buffer -- excuse me, the buffer -- the building foundation planting. I'm using the wrong words. COMMISSIONER SCHIFFER: All right. We'll get to that in a minute. MR. EHARDT: Okay. COMMISSIONER SCHIFFER: 165, Mark, are we there yet? CHAIRMAN STRAIN: Yeah. We're-- COMMISSIONER SCHIFFER: Okay. The minimum lot area is 1.8 acres or the 80,000 square feet. And then you have some maximum building areas 20,000 feet or 30,000 feet. I mean, these are ground coverages of25, 67, are we back in suburbs again or-- MR. JACKSON: The 20 -- the building footprint, if you're talking about the 20,000 square feet there, that comes out ofthe comprehensive plan that says in the commercial area, a commercial-only building maximum square footage is 20,000 square foot. That's in the comprehensive plan. The 80,000 -- the 80,000 square feet for minimum lot area, we were trying to provide an incentive for people to assemble lots and make a larger project than using your 35-112-foot lot and try to do another commercial project in there. And which we have now is a hodgepodge commercial district that grew up that way. You know, when there was -- people came in and these were the first pioneers out in the area on the other side of the bridge. And they came in and took whatever parcels they wanted, they needed for their business. Now we're trying to encourage for mixed-use commercial development assemblage oflots and we're asking for a larger project than just the small ones for mixed use. We don't want to have somebody come in and put in a 7-Eleven with 7,000 square feet and try to cram in 12 units of residential above it. COMMISSIONER SCHIFFER: But, Dave, these are maximum building sizes. So is the intent -- in other words, in accumulate 80,000 feet, are you going to restrict me to a 30,000-foot building in the mini triangle? MR. JACKSON: No. That's a minimum lot area. COMMISSIONER SCHIFFER: Minimum lot area. I got that 80,000. MR. JACKSON: Okay. COMMISSIONER SCHIFFER: I bought that lot. MR. JACKSON: Right. COMMISSIONER SCHIFFER: Now I'm down to my building footprint. MR. JACKSON: For a commercial-only building. Page 88 1611 _______~__,__~___,_____~ecember 15, 2005 ----~~----~ ---- COMMISSIONER SCHIFFER: Right. MR. JACKSON: If you do a mixed-use building, there are no limits. COMMISSIONER SCHIFFER: Okay. So you are discouraging -- it wouldn't make sense to do the commercial-only building. MR. JACKSON: Correct. Well, it may to somebody, but I mean it's -- it's trying to create a mixed-use environment. COMMISSIONER MURRAY: This is what you stated the last time -- MR. JACKSON: Yes. COMMISSIONER MURRAY: -- when we had this discussion. COMMISSIONER SCHIFFER: How big are Walgreen's? They seem to show up right where we don't -- MS. F ABACHER: Thirteen to fourteen -- COMMISSIONER SCHIFFER: We have all these nice plans and, bang, we get a Walgreen's, but anyway... MR. JACKSON: Right. CHAIRMAN STRAIN: Page 165. You're on to what page now? MR. JACKSON: I will. I will. The -- while we're on -- sir, if! may. We're on page 165 -- page 165. There is a typographical error and that's my error. The paragraph 1 it says for mixed-use project 12 units per acre. That footnote should be 78. And at the bottom Footnote 77 should be 78. And paragraph 2 above to bring you back to the top again where it says 12 units per acre, Footnote 73, that should be 78. CHAIRMAN STRAIN: Seventy-nine. Or is it 78? Seventy-eight. I'm sony. MR. EHARDT: The bottom one's 78. CHAIRMAN STRAIN: Yeah. The bottom one where it says -- that goes to 79. MR. JACKSON: Okay. You're exactly right. Okay. May I start over because I have confused even -- ever -- even myself. Okay. For a mixed-use project where it says "per acre" and Footnote 77, that 77 should be the -- should read, "see Chapter 2, paragraph 2.03.0.7" and then gives point N to paragraph 4. And what that is referring back to -- no. That's right. We just struck that, didn't we? COMMISSIONER MURRAY: Yeah. MR. EHARDT: I thought the issue -- CHAIRMAN STRAIN: Y ou're going to have to review this anyway and bring it back. MR. JACKSON: That's correct. All right. Well, the whole intent there was that in the comprehensive plan they talk about the mini triangle which is defined by certain streets. It says that the -- it has different rules especially for density. And so that'll be sort of taken care of whenever we do that chapter -- that paragraph 2. So scratch all I said before. Sony. CHAIRMAN STRAIN: It's okay. COMMISSIONER SCHIFFER: David, a quick question on the units -- 388 units, whatever it is, that everybody's sharing, how much ofthis is in the Gateway? In the -- isn't that only coastal high hazard area that 388 that well or do we-- MR. JACKSON: The entire CRA boundary and the overlays is in the coastal high hazard area. COMMISSIONER SCHIFFER: Okay. So areas up in this mini triangle will be competing for density with that 388? MR. JACKSON: Well, not competing. They can use some of that density. They don't compete for it. They can use it ifthey wanted to. And that is clearly stated in the comprehensive plan that those 388 can go anywhere in this area. CHAIRMAN STRAIN: And what did you end up coming up for a cost for those, a price to sell those at? Page 89 ,.. ._.".....~_...,;'"_..._"""';-""'~.........-.~" ... ""'-____~,,_,,'_'~~' 'c,"", ,"N'_.,'., ..---"...-...""..,- ~ --"-"-"~-'-- - -----~ ----- --- ------------------------------------- ....__Decl,U~oo5 .. MR. JACKSON: Zero. CHAIRMAN STRAIN: Didn't we ask you to look into it, Mr. Vigliotti or somebody? MR. JACKSON: Yes. Yes, sir, you did. And right now the -- my recommendation is that there be no cost on it. My argument last time remains the same. The purpose of these bonus units and the intent was to provide an incentive to bring people to come into this area and -- and build mixed use. And I strongly feel that the CRA, its intent and purpose in the State Statute 163 is to provide incentives for people to develop and redevelop to their highest and best use and whatever the design is. The overlay is -- talks about the bonus density units that were given out of the Botanical Gardens. And it could be used anywhere within the flue, within the overlays. And my recommendation that there not be a cost on them, that they become an incentive and a tool for people to use to redevelop. And -- and there's a lot more to it as we've discussed with other county staff people. That there's a lot more to it. If you go and try to put in -- and the attorney's going to weigh in here in a second -- is that if you put a cost on it and to do that, right now there is no way to do it. There's no vehicle. There's no sending tool. There's no receiving tool. And there's no cost put on top of it which would, in essence, ifI may, sir, finish -- CHAIRMAN STRAIN: I'm not interrupting. Go ahead. MR. JACKSON: Okay. That ifit takes three years to establish what a cost is, you've put a moratorium on any development for three years indirectly. And I'll turn it back. COMMISSIONER MURRAY: Well, you're -- you're reacting to something I wasn't going to say certainly. But I would -- I would just say this to you, then. Given that that's the case, the other side of that issue was -- that was raised was the allocation of those units and the preference permissible. And I remember you indicating either that or Mr. Ehardt indicated that it was -- a list was building and it was open to anybody. And my statement was then and it is today that the CRA was created to allow the community to redevelop with preference to the community, whereas, all of the tax money would go back into that. Now, I certainly don't want to stultify the development from outside, but credits I would hope would be given to those who are first inside the CRA. And I think that's where I would like it to go if -- if that's possible. MR. JACKSON: Okay. Can you define "first in CRA"? COMMISSIONER MURRAY: Well, when I say that, those who live within the community. The boundaries of the CRA is the list -- the list of those eligible. If it's predominantly from developers outside, will those folks be able to get the benefit of their own redevelopment? Will they be able to band together? Maybe they don't have the expertise or the money, but at least vetting it, allowing that process to go forward as opposed to making it available to anybody brings outside developers and I think that -- I don't think that's wrong, but I would hope that we would give the first shot, as it were, to the community. That's -- maybe that's implausible. Maybe you can tell me that. MR. JACKSON: Well, okay. I think that's -- this discussion can be one that cannot be won. Okay. If it is argumentative in any sort, there's -- there's no winning on it. By providing it to anybody who was there first, the first pioneers that showed up. When this overlay gets adopted by the Board of County Commissioners and goes into place and becomes part of the Land Development Code, everybody is eligible at that point to establish a site development plan that meets the criteria within this document and begin developing. And if they want a bonus density unit, they can apply and appeal to the Board of County Commissioners for whatever numbers they want. The incentive is is to build a better place. If I live there now and I am not able financially or intelligence-wise or business-wise to make it a better place and take advantage of these numbers, why should that stop somebody that can come in and build a better place in accordance with our rules? Page 90 1611 -~._~..._.._. -- -- - ---------------..-- . u.. u__..._ . --~ December! 5,. 2005--- COMMISSIONER MURRAY: I don't disagree with that. What my statement was and -- and it's a simple thesis, I'm concerned that the list -- make it certain that the list is first from within before from without. That was -- that was my only -- MR. JACKSON: Well, yes, sir-- COMMISSIONER MURRAY: Give them the first shot. That's all. And I'm going to stop. And I don't want to make it a contentious issue. My hope was that -- that we would -- we would serve the community within the boundary of the CRA. If there's any addition, any incentive, any advantage give it to those folks first. Give them the opportunity. I recognize that they may not have the wherewithal to do it, but that was my thesis. MR. JACKSON: Yes, sir. And I understand it and -- and I understand that and I feel that concern, but everybody will have the equal opportunity to petition the Board of County Commissioners for those units. My professional opinion is that 388 units is going to be more than enough to increase the density or to be used. I don't see those numbers being used up within the next five years. I just don't see those projects coming in because there isn't enough land that has enough square footage to be able to put the extra density. CHAIRMAN STRAIN: I have a lot of points on what you just said I would debate with you, but as you commented that -- the debate's going to do no good. And ifthat's the way it is, then I'm sure we can decide on our recommendations how to handle this particular issue of density pricing. So with that, Mr. Schiffer, do you want to go back to your question? COMMISSIONER SCHIFFER: And it is about the density. First of all, these aren't new rules. This existed. People are out in the market behaving accordingly based on what they think the rules are. Swinging them around is not fun for them. David, look at page 75 and 11 and it's back to the question of the dwelling units. It states that-- MR. JACKSON: The page again, sir? COMMISSIONER SCHIFFER: Seventy-five. And-- COMMISSIONER MURRAY: Seventy-five or one seventy-five? MS. F ABACHER: One seventy-five? COMMISSIONER SCHIFFER: Just 75 because it's where we copied the -- when I was talking to you before you referenced the growth management plan and then we went down another trail so I'm back to that. CHAIRMAN STRAIN: You're back to page 75 on Bayshore? MR. JACKSON: That's -- that is the same page is in the Gateway area. COMMISSIONER SCHIFFER: Don't freak. It's just the extracted growth -- MR. JACKSON: Yeah. It's the same language. CHAIRMAN STRAIN: Okay. Okay. COMMISSIONER SCHIFFER: What page is it in the Bayshore just to keep -- MR. JACKSON: For Bayshore the same language is on page -- starts on page 132. COMMISSIONER SCHIFFER: Okay. Ifreading 11 which is the thing that defmes that, doesn't it really say that -- that it only applies to the areas within the coastal high hazard and that areas outside of it aren't limited by that 388? MR. EHARDT: David needs to answer. I think David Weeks can answer that question. COMMISSIONER SCHIFFER: Yeah, Dave. CHAIRMAN STRAIN: You caught him by surprise there. COMMISSIONER ADELSTEIN: He woke up. COMMISSIONER SCHIFFER: He's doing his Christmas cards. Page 91 ._.,m__~", ..".____"_,~_> ,d 11II .1._....'."__, ...."-"..-.....-.--."...--"'---,.......... ___.."'__,.c._.'___._m,_~._'_._,_~__^ 1611 _________n___ --------------------------- ....-------- .----December-lS,-200S- MR. JACKSON: Well, it's kind of -- the statement doesn't really have to stay there. I mean, it applies to only those areas that are in the coastal high hazard area. Well, the entire area is in the coastal high area. COMMISSIONER SCHIFFER: Isn't 41 the boundary of the coastal high-- COMMISSIONER CARON: No. Not if you look at the map. COMMISSIONER SCHIFFER: The whole thing is within it? MS. FABACHER: Yes. MR. WEEKS: The coastal high hazard boundary runs along 41 and then runs up Airport Pulling Road. So there's a very small amount of mixed use within the Gateway Triangle overlay where the Home Depot is at and -- and the Matt -- St. Matthews. COMMISSIONER SCHIFFER: My confusion. I don't know where the boundary is. MR. JACKSON: Well, you're -- probably -- if you've been around for a while, those boundaries used to be along 41. And as I understand at some time the lines were redetermined. COMMISSIONER SCHIFFER: Because I -- there is a map I have that has it. MR. JACKSON: Right. Well, the current -- the current boundaries is as Mr. Weeks say. It goes up 41. It goes up Airport Pulling and I believe it takes a dog leg down Davis Boulevard back to 41. And then where it goes from there I'm not real sure. CHAIRMAN STRAIN: Brad, do you have any other questions through page 166 because Lindy's got a question on page 166. COMMISSIONER SCHIFFER: No. I'm good. Go ahead. CHAIRMAN STRAIN: Because, Lindy, do you have a-- COMMISSIONER ADELSTEIN: Yeah, I do. This idea ofa maximum height for a hotel or a motel of 126 feet doesn't make sense to me. We've been trying now for the last five years-- MR. EHARDT: What page are we on? I'm sorry. COMMISSIONER ADELSTEIN: One sixty-six. MR. EHARDT: I'm sorry. Thank you. COMMISSIONER ADELSTEIN: We've been fighting to keep the height of buildings 100 feet. And all of a sudden we're getting one here that you're saying is 112 and when we put a roof on it, it's going to be 126 feet. I take exception to that. MR. JACKSON: So noted. COMMISSIONER MURRAY: And I would join in that exception. MR. JACKSON: So noted. CHAIRMAN STRAIN: Any other comments? (No response.) CHAIRMAN STRAIN: Okay. MR. EHARDT: That's only in the mini triangle just so you understand. COMMISSIONER ADELSTEIN: I don't care where it is. Oh, I read it. I mean, I understand it's in there, but 1 00 feet here is substantial. MR. JACKSON: Do you differentiate between a building and an antenna? COMMISSIONER ADELSTEIN: We move the antennas because the county has to -- or the police department or fire or sheriffs department have to have communication. Communication situations is one thing. No, I don't agree with it, but I understand I have to put up with it. In this situation, we've been bringing things down from 250, getting them lower and lower. And finally we've come to a figure that 100 feet was a reasonable height to have buildings and it has nothing to do with antennas. MR. JACKSON: Yes, sir. COMMISSIONER ADELSTEIN: Okay. Page 92 ----.---.--.-- -~--_._-_._._..._~-~_.__._._.__._._-~.-.----- D!e~L tr2005 - COMMISSIONER MURRAY: It's actually 75 commercial. COMMISSIONER ADELSTEIN: Well, we've been 75 commercial. CHAIRMAN STRAIN: But see under your straight zoning, yes, we have come up. This isn't straight zoning. COMMISSIONER MURRAY: Right. This is an overlay. CHAIRMAN STRAIN: This is an overlay so-- COMMISSIONER ADELSTEIN: That's why it went to 100 instead of75. I mean, I tried to be reasonable. COMMISSIONER MURRAY: We would think 100 would because we're not keen on anything more than that. CHAIRMAN STRAIN: Well, you have our comments on that issue, so let's -- the next one. Brad, do you have another one after page -- COMMISSIONER SCHIFFER: I just want to say one thing. Weare trying to get affordable and gap housing. One way to do it is to kick the density. One way to really do it safely is the -- raise the height of building. So I'm not sure what knocking a story off a building is going to achieve other than eliminating to build those units. COMMISSIONER ADELSTEIN: Yeah. That's too bad. CHAIRMAN STRAIN: Brad, anything else in the Gateway Triangle? COMMISSIONER SCHIFFER: Yeah, I do. CHAIRMAN STRAIN: Okay. COMMISSIONER MURRAY: I have a -- ifhe's finished I have a-- CHAIRMAN STRAIN: He's getting to another page. COMMISSIONER MURRAY: Okay. I didn't hear that. COMMISSIONER SCHIFFER: One seventy-one, landscaping. CHAIRMAN STRAIN: You love landscaping, don't you? COMMISSIONER SCHIFFER: Yeah. Because -- and I feel -- I mean, Nancy showed a nice picture, but I'm not sure Nancy showed a picture of the area I'm talking about. So, you know, there's truth in advertising we talk about here. So, again, there's a requirement, a recent requirement within a couple years that we put planting around the base of a building. I think that really is a wonderful idea in a suburban atmosphere. I don't think that has anything to do with the densities in the urban area we're trying to create here. I think landscaping's an important part of the community. I think everybody knows that. Every developer with a lick of sense knows that. So, you know, we're writing regulations to set a minimum standard, but I don't think this is an applicable thing. I don't think it's a good idea to have buildings with vegetation around it. Nancy can say that she allows people to do other stuff. You know, the words don't allow you to do it so I don't think we should write code that walks out of here with understandings with people because we can all get hit by a car on the way home and that's the end ofthat. So I would rather us write words that mean something. And I think, Nancy, maybe what it is is that we come up with an urban perimeter kind of concept that makes sense. Maybe it does allow. Because you're -- you're -- you're not allowed to do much in that buffer system. So you're not allowed to run a bunch of walkways. And hardscapes you're showing. They're pretty. They're not allowed in it by words. So I think maybe what you should say is, look, let me go back and think about how we achieve these same things that our intentions are, but let's do it in an urban aspect. But, you know, there's a lot of pocket parts. There's a lot of -- you know, as I'm walking between the buildings, it would be nice to have a bench and a little tree. But to have grass and planting that I actually can't walk through, that's not the intent. MS. GUNDLACH: I just want to clarify -- clarify something for the record. We enforce what the Page 93 -'--,'",._.._-,.._-_._---~~-~~~~,.,."--_..,_._...._.~ .. "_N__'_""._~, ,---,",-""".--..".',-,-, "-_.<_.---,-----~ .' ~ ._--.,",-'._,.,,---,----- 16' 1 "-.------.'--- ___n_____ ------------------ --December 15,-2005u words say. I know you believe differently, but I just -- I have to state that for the record. COMMISSIONER SCHIFFER: Well, actually, I do support you do enforce what the words say. Anyway, I mean, it's -- MR. EHARDT: I'm not sure what he's asking. COMMISSIONER SCHIFFER: My argument is -- my argument is removing the buffer requirements in a -- in an urban area. MR. EHARDT: Buffer or -- COMMISSIONER SCHIFFER: I mean the building the perimeter of the foundation. The buffer you have here is good. That's an area you isolated from any neighboring residential. That makes sense. You separate the town. MR. EHARDT: Well, I got -- you got the same question there you have in Bayshore, don't you? COMMISSIONER SCHIFFER: Correct. MR. EHARDT: Okay. So I need to make sure I exclude the commercial buffer requirements if! don't want them in there. COMMISSIONER SCHIFFER: I believe so. MR. EHARDT: I just want to make sure I'm understanding it correctly. MS. MURRAY: Is that the rest of the commission1s opinion too? I'm curious, because I just hadn't heard anything. I know it's been a long day. COMMISSIONER MURRAY: I've been -- I've been waiting until I can make a statement. CHAIRMAN STRAIN: Go ahead. Wherever's an appropriate time. We have to get to each page. COMMISSIONER MURRAY: Look, earlier and I fully respect Commissioner Schiffer1s views on urban, urban, urban. And I don1t understand them I think because I'm involved in mixed use, as you may know. But I think the problem for me particularly has been and now is even worse is a vision that has not yet been adequately portrayed. Brad continues to show, you know, an urban with building to building and he uses those for good examples for that. But I'm not sure that what -- what you intend wouldn1t look more like something out of New England where there1s adequate spacing and nice color. Now I understand along the 41 it's bound to be more intense and it's a different kind of it, but I had hoped that you would persuade us to understand more clearly what your vision is or the vision of the community, anyway. And then we can more effectively relate what -- what is applicable I suspect. MR. EHARDT: I would say that the vision for the commercial development, whether it be in Bayshore or in the triangle, is a more urban type of environment with buildings up the street, with parking in the rear or side as we've -- as we've described. And I -- again, I said as far as the -- I agree with the idea of eliminating the buffer requirements between commercial buildings in those areas. And that's -- that's -- that's what we talked about. I mean, we didn't talk specifically about the buffer, but that's the picture we portrayed to the community when we presented these things over the last year or so. And I think that is what is in the existing Bayshore overlay right now is that type of environment that was projected. COMMISSIONER MURRAY: Well, you gave an illustration before when -- when asked about that. You said you used the zero lot line and the next door neighbor doesn't have that, maybe a parking lot and they would be responsible for plantings. That was your illustration. MR. EHARDT: What I -- what I -- what I -- COMMISSIONER MURRAY: But in the absence -- CHAIRMAN STRAIN: One at a time. MR. EHARDT: Well, let's not confuse buffer landscaping with -- no, not confuse it with building perimeter landscaping. I believe what I said is if someone had a parcel of land and he built his building on one side ofthat land at a zero setback as this can require, okay, that -- that perimeter around the other side of the building would have that five-foot perimeter -- excuse me, perimeter landscape. Page 94 ________n____.____.________ ____.__________n._ __~ __ _____._____.__.___.__...__n_'_ -- ----_._-~-~- ... __lgll15, 2OOL_ COMMISSIONER MURRAY: I misheard you then. MR. EHARDT: Okay. I didn't say -- I didn't address the buffer. I don't think there should be a buffer between commercial and commercial in the mixed-use category. I do have a buffer in there between commercial and residential if it abuts up to existing. But, you know, this is related to mixed-use projects both in the Gateway Triangle area and even the neighborhood commercial as we call it on Bayshore which is a little less intense. But it still relates to a mixed-use type of thing, that it can allow residential and commercial either above or side by side. I hope that clarifies. COMMISSIONER MURRAY: Well, it makes it a little bit clearer where we're going. It certainly helps me. COMMISSIONER SCHIFFER: And, Bob, I'd like to say something. You know, the county spends a healthy chunk of change to have a community character plan, a nice plan. I bought it. It wasn't cheap. Read it. We've changed the growth management plan to incorporate it. We have smart growth committees to -- and, you know, try to establish it. These are what we're talking about. I mean, that's exactly what that plan was saying these kind of things it gets into urban growth. MR. EHARDT: I don't think it needs to be urban. It's -- it's a matter of, you know, going -- kind of going back to a more traditional and even new -- I take an example, a New England town. My wife grew up in one. But if you go to their downtown area, the buildings are right next to each other and the parking's in the back and it's a New England town. COMMISSIONER MURRAY: Appreciate, sir, all I was trying to understand is what it is that you were giving to us. MR. EHARDT: Right. Right. COMMISSIONER MURRAY: Because while these give us boundary lines, they don't give us the flavor that I need in order to follow this when it does get confusing. And, Brad, may I just say to you, you know, I respect the idea that maybe we do need an urban code. But we are -- we are working under the suburban code and trying to make it fit with this. COMMISSIONER SCHIFFER: Well, we actually had the genesis of an urban code which is the community character plan. And -- and this is the principle of smart growth that they established. And I grew up in aNew England town. I was raised in aNew England town. We had this kind of stuff. CHAIRMAN STRAIN: Guys, this started out with a discussion ofthe buffer. Do we have any further discussions on the buffer? COMMISSIONER SCHIFFER: Well, I'd like to -- you to be careful with the buffer because, you know, for example, the illustrations you showed, don't show the dimension of where the buffer goes. So, I mean, even your street setbacks are ignoring the fact that there's a buffer requirement. CHAIRMAN STRAIN: But I do think that we've made it explicitly clear our issues on the buffer. And you guys can come back in January with a revision. And then at that point we'll decide whether a majority likes it or not and go forward from there. So after the buffer discussion, is there another -- where are we at next, Brad? Any-- COMMISSIONER SCHIFFER: I'm out of here. I mean, I'm closed. I'm not out of here. The book is closed. I'm done. CHAIRMAN STRAIN: You're done? Mr. Murray, did you have any other questions? COMMISSIONER MURRAY: No. That was what my interest was. Thank you. CHAIRMAN STRAIN: Okay. Any other questions from any other board members? (No response.) CHAIRMAN STRAIN: Ms. Student. MS. STUDENT -STIRLING: Yes. On page 172 where -- under paragraph 4, streetscape zone, in Page 95 -- "---'---';'-~--'-"' _",~,~"","-"'-~"'''' .",. ..---..-..__..,....,_. n'_' 161 1 _.__~__u ------ ------ - - --------..----- _December~20Q5 parens front yard. The CRA doesn't pass ordinances. They pass resolutions. So I'd just like to have that language cleaned up on that paragraph about the streetscape design guidelines to be governed by an ordinance of the CRA. CHAIRMAN STRAIN: Good catch. MS. STUDENT-STIRLING: And also I think this is coming back to you. And it's on page 135 on this mixed-use process. And it's also on the handout talking about something remaining as C 1 through C3 zoning classification in perpetuity and land use -- that binds county, future boards forever. And part of the idea of all this is that, you know, this is a flexible, ever-changing process over, you know, not ten years but maybe fifty or a hundred years. And I think to put in something in there that's a forever is rather arbitrary. So I think that language should come -- CHAIRMAN STRAIN: That whole section's been rewritten so we have to discuss -- MS. STUDENT-STIRLING: Well, I -- I have the handout and in perpetuity is in the handout as well. COMMISSIONER MURRAY: I had -- I had raised that earlier, Marge. CHAIRMAN STRAIN: Yeah. I know you had. And, Margie, I have always been under the impression your department's reviewing this stuff before we get to these hearings. Have you not reviewed the handout that came -- MS. STUDENT-STIRLING: I -- I -- I reviewed this. I'm coming into the process later, but I reviewed this before this hearing today and I looked at the handout when it was given to me today and I had that issue. CHAIRMAN STRAIN: Okay. As far as it being an issue, is it illegal? MS. STUDENT -STIRLING: I think -- as I said, I think it may be -- yes. I think it may be considered arbitrary and capricious. CHAIRMAN STRAIN: Then why did your department allow it to come this far? MS. STUDENT-STIRLING: Well, this looks to me like it's a rewrite here. I haven't had this document all that long. I did review it before the hearing today so... CHAIRMAN STRAIN: I would like you to let us know when there's issues like that ahead of time so we don't spend time debating an issue that shouldn't even be debated at all because it doesn't meet legal grounds to be here in the fIrst place. And hopefully those get struck before they even get to us. That would be the best of all worlds. So let's in the future, if that could happen that would be -- MS. STUDENT -STIRLING: I believe I received my packet around the same time that you received yours so... CHAIRMAN STRAIN: Okay. Well, then maybe staff should get you yours earlier and ours later. That would be another nice thing. Okay. Is there any other comments or questions on the Gateway Bayshore Triangle area? Ms. Catherine. MS. F ABACHER: I think we have a speaker. CHAIRMAN STRAIN: I'm going to ask for that. I wanted to make sure we had everything flushed out with the people that were here. So how many public speakers do we have? MS. F ABACHER: Well, we have one, Mr. Gunther would like to speak. CHAIRMAN STRAIN: Okay. Sure. MR. GUNTHER: Actually, I'd like to talk about the one thing about the -- this is Chuck Gunther. I live in -- on Bayside Street in the triangle. The one thing I wanted to talk about was these bonus density units. I'm a member of the advisory board for this Bayshore Gateway Triangle. And our board at the last meeting had said we would task the executive director to look into seeing what can be done about the Page 96 1611 -..---..-----'... ~--- ---.--~___.......__..~_.____.______.____.._.~ _____.__...... _..___n... _____ __ __ ~______ --------. December_I5 ,2.00 5....__u density -- density bonus units and a charge for them. It was brought up here that possibly charging for those units. I brought it up again at the advisory board. All the members said, yes, it was a good idea. Let's look into it. One ofthe things -- it's something that's been -- been in here before. It's been going on. But we've already -- this is the second change you've had now to this -- this whole plan. You had one plan already. You brought a planner back from doing it again. This is something I'd like to see done till it's straight. You're talking about 388 units. Ifwe -- if we mirror the, I guess, it's the TRW -- CHAIRMAN STRAIN: TOR. MR. GUNTHER: -- TORs out in Golden Gate, if you base it just on the 25,000 a piece and that's -- that's the low area for those, you're looking at about nine-point-something million dollars. That's a lot of money. And I don't think you should just throw that away. We're being told by a developer who wants to use 260 of those units that they'd pull out if they can't use those units. Well, I would too in was in their position because that 260 units is about $4.3 million at 25,000. I think those -- that's money that they use within the CRA to be -- to redevelop a lot of things. It sure the heck beat the TIF funds we have so far. It would beat the -- well, if the developer says theid bring $800,000 a year in in TIF funds, it will take four or five years to bring in $4.3 million. And that four point was four or five years. We can double that money. So I think that the money issue isn't there as far as that goes. As far as an incentive, I think the incentive is we just slipped a little bit. We're only the third fastest growing in the country. That's a big incentive. If you look around at how everything's grown in this area, we have Sable -- Sable Bay. We have Antaramian. We have a lot of things here growing. We're in the center of it. This is a very hot area right now. That is the biggest incentive you have. I don't think you need incentives in this area especially not now. I would -- I would venture to say by the time you develop something, you plan something and you develop it, the prices are going to jump up to where you're going to kick yourself for not setting prices in the beginning. You're almost better off waiting until you -- until it's half built to say, okay, now we'll set prices. So I'd like to see that happen. Now, we'd like to see getting something out of those units. Something else I -- I just picked up here quick that was kind of disturbing to me. With the mini triangle, if we go the 16- foot streetscape, and you have to remember this is a triangle, and especially with mini triangle that -- we have three comers ofthat triangle, that 16-foot when you double it, it comes to-- the point ofthat triangle that becomes about 32 feet. And in one spot it may be wider than 32 feet. That's a big cut out of those pieces of property. I question that a little bit. I'd like to see that worked out to where it's going to help the people a little bit, not just the -- you know, we don't want to just help the -- the development area. We want to help the area develop right. When you take away that much area from a group, well, I can say -- let's see, going to the tip ofthe triangle, Union Motors. That would take an awful lot from their property. It would take an awful lot from the used car lot on Commercial and Davis. It would take an awful lot of property away from -- although not as much from the Good Year place on Commercial and 41. But that's a big area to take away from any piece of property because -- because you're looking there at a triangle. You're looking at not just 16 feet. You're looking at 32 feet now when you have a triangle those -- those comer pieces. And that's -- that's a sizable amount of property. COMMISSIONER SCHIFFER: I was going to say, I wouldn't worry too much about it because it's really only taking ten feet. Right, Joe? And right now the landscape buffer -- the landscape buffer that we've been tossing around will take more than that. So actually we're giving the guy back a couple of feet. Giving him back five feet I think. MR. EHARDT: I believe in existing commercial zoning that's on those properties now, the Page 97 ~ ---...~-_. ... "....."'-""""''''''"''',..,,,,._-'''',.-"~''' IT'~" ---.....-.-.--..---...'..- _0 .__~_". 1611 ---- .. _____ ~_____Dec_embeLJ5,20Q5___ building's setback even further. So we're actually moving the building up closer so you get a little more land to build on and develop on. COMMISSIONER SCHIFFER: I think we can be giving the guy ten feet. MR. GUNTHER: Okay. That sounds good. That would answer that then. So basically the thing is with the bonus density units. I'd like to see that looked into. I'm glad to see you put it offuntil January. The advisory board's planning to have a workshop. And I hope we do have that. I hope to have it before we have the January meeting so maybe we can come back here with something we can get to you. CHAIRMAN STRAIN: Great. Thank you very much. And-- MR. GUNTHER: As -- as an advisory board we can just advise, but it's something we are -- we do come from basically the neighborhood. Thank you. CHAIRMAN STRAIN: Thank you, sir. Margie, you got a comment on this? MS. STUDENT-STIRLING: Yes. Thank you. I also attend the CRA advisory board meetings. And our office was tasked with providing a list oflegal issues about if you want to call selling these units, an out and out sale to benefit, say, Botanical Gardens just wouldn't get it I don't think legally, but this is more complicated. I mean, I think it's a fine and worthy idea, but it's more complicated than meets the eye because there are strictures placed upon local governments as to how they raise funds and what they do with them after they raise them. And, as you recall, we went through a rather lengthy process to establish our TOR program which is where, you know, a developer can purchase a unit and transfer it to property he owns from somebody that owns property in the sending area. So there's an exchange for money that the developer pays to the person in the sending area to get that unit into the receiving area. So there's a unit for money. This is a little more complicated than that even. And you know how complicated that was because it's got to be run through, you know, some kind oflocal government account and then redistributed somehow to a CRA and there are strictures on them. It may require a comp plan amendment to do this. Then we may need to -- Neighbors Gibland is one of our consulting law firms that assists us on financial issues like this, deal with the consultant and then the LOR. So it's a worthy idea, but it's going to -- there are issues involved and it's going to take some time. It's not something that you just do. And I think we need consultant assistance to set up such a program. CHAIRMAN STRAIN: Mr. Adelstein. COMMISSIONER ADELSTEIN: Basically what you just said is proper. The answer is real simple as far as I'm concerned. They sell TORs. The county's doing that. They can do the same thing on this. Of course they have to follow the law and they've got to follow the procedure. But there is no reason legally where they can't sell those units and keep the same type of formula that the TORs are being used. MS. STUDENT -STIRLING: Yeah. The TDRs are sold to another property owner and -- COMMISSIONER ADELSTEIN: Well, that's what they're talking about. MS. STUDENT-STIRLING: I think they're talking about this money going to CRA somehow and TIF funds and it gets a little more complicated than that. That's all. I'm just saying it needs to be looked into. I'm not saying it can't be done. It needs -- it's complicated and it needs to be looked into. COMMISSIONER MURRAY: Okay. May I -- may I-- CHAIRMAN STRAIN: Sure. Go ahead. COMMISSIONER MURRAY: Just -- just adding to a piece because just for awareness. At one of the last BOCC meetings that issue was raised. And Commissioner Coyle -- it was raised that the county doesn't profit -- can't profit. The ordinance was specifically written that way that it cannot profit. And I believe that the recommendation of the board was to come back with a modification of that so that the county could benefit from that. So I think maybe we are on the -- on the way toward that, some Page 98 1611 -"_.__.~- ----------------- - -~-, ------_.._.__......_~---_._- .u_~ De.c.emherJ 5,2005_ kind of equity in that issue. I would -- I would be an advocate of the county going into that if the Chair agrees. CHAIRMAN STRAIN: Well, my big concern that this gentleman pointed out was that you've got one developer coming in right off the get-go taking 67 percent of the available density. How's that going to spur additional development in an area when only 128 units are left? So to give them away freely is kind of what we did in the real stewardship area with those bonus densities. It spurred development all right. You've got Ave Maria, the Big Cypress and U.S. Homes all coming on board because they're cashing in on those bonus densities. And now we're getting development faster than we anticipated, but I would consider that it would have happened anyway as far as this county's growing. So I don't see a reason that these shouldn't be charged for and I think the county attorney's office could find a way if they were asked to do so. MS. STUDENT-STIRLING: Yeah. We have already been tasked by CRA advisory board to look at the issues that might be involved, but it's going to take time. It's not something that I don't -- that we can do in this cycle, I don't believe, and it may require a comp plan amendment as well. CHAIRMAN STRAIN: Okay. Are there any other speakers, Catherine? MS. F ABACHER: No, sir. No, sir. CHAIRMAN STRAIN: Any other comments on this issue from the board? (No response.) CHAIRMAN STRAIN: My issue -- I would suggest at this point that we hold off action until January 5th because there's been quite a few suggestions today. I had hoped to get more out -- more through it today, but there's just too much left on the table. So with that unless there's -- unless somebody has things differently, we'll just move this to January 5th and we'll continue this meeting then at that time. MS. F ABACHER: Say all the right words. CHAIRMAN STRAIN: I'll wait and let him get done. COMMISSIONER ADELSTEIN: Mr. Chairman -- yeah, Mr. Chairman, the 5th or whatever date you pick is fine with me as long as we get our information (A) done the way it's supposed to be. And (B) at a time that gives us the opportunity to actually go through it clearly. What we did today wasted basically half of our time. I'd like to get to a point where we can come in here and get it done and done properly. CHAIRMAN STRAIN: Okay. With that, then, we have another couple announcements to make, but as far as the Bayshore Gateway Triangle goes, it's the concensus of this board that that issue will be continued until 8:30 on the January 5th, 2006 along with the other issues of the LDC amendments that Cycle 2 of 2005 that were left over from today's meeting. COMMISSIONER MURRAY: That would be good. You're saying, though, it should begin at 8:30 like a time certain? CHAIRMAN STRAIN: Just like our meetings of Thursday morning. We always start at 8:30. COMMISSIONER MURRAY: No. Okay. But-- CHAIRMAN STAIN: Yeah. It'll be on our regular agenda at 8:30. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: Yes. MS. F ABACHER: And then, excuse me, in the meantime if something else comes up, another case for you, then they can just add it to the agenda. CHAIRMAN STRAIN: Well, you would put it after this. MS. F ABACHER: Right. CHAIRMAN STRAIN: This is going to be time certain to start at 8:30. We have nothing else scheduled as I understand for January 5th, so let's just get this done and going and over with on January 5th, if at all -- if it's at all possible. Page 99 ..~-""~ I II. lIf _..--11'1' ,. _._'.,_.'.,-,~.,~---_. 1611 . __It~cembler 15,2PQ~_ And that's the last issue on the Cycle 2, 2005 agenda item for today. MS. F ABACHER: Excuse me, Mr. Chair, you don't want to look at these two affordable housing -- Cormac's here to talk about. They're pretty minor. CHAIRMAN STRAIN: Okay. I'm sorry. We can talk about them, but I guess I understood they had to be advertised to vote on them. So, again, we're not going to vote on them. It's going to be deferred until the January 5th meeting, but you certainly can explain them and we'll get to reading them between now and then. MR. GIBLIN: Great. For the record, my name's Cormac Giblin, your housing and grants manager. Again, we apologize for the late addition of these, but these came at the direction ofthe Board of County Commissioners last Friday. They held a gap housing workshop. Gap housing is meant to address affordable housing concerns of households between 80 and 150 percent of median income. Those are -- those are incomes that are traditionally higher than the county has ever addressed in an affordable housing point of view in the past. The board held a workshop on it last Friday and instructed the staff to come back with some-- some amendments to incorporate those income levels into, first of all, our defInition of what we would call affordable. And, second of all, on the implementation side offering some density bonus incentives for providing housing at those income levels. COMMISSIONER ADELSTEIN: The 150 percent, will that bring in the nursing and school teachers? Will they fit into that -- and the police officers? MR. GIBLIN: Well, nursing and school teachers would fit in in the less than 80 percent. It all depends on your family makeup. I think the starting school teachers earn about $35,000 a year. That in itself is low income. COMMISSIONER ADELSTEIN: Right. MR. GIBLIN: It's when you have a school teacher living with a sheriffs deputy. They're both earning around thirty, forty thousand dollars a year. The combined household income would put them out of the less than 80 percent and into this gap that the county's beginning to address now. COMMISSIONER ADELSTEIN: Good. Thank you. CHAIRMAN STRAIN: Cormac, on the workshop it was determined that there would be a further presentation of some of the workshop items the following Tuesday, which was a couple days ago. Did that ever happen? MR. GIBLIN: That did not occur. I -- I waited around all day for it to come up, but it never made it onto the board's agenda. CHAIRMAN STRAIN: Okay. MR. GIBLIN: So there was no further talk about it. This will be the -- the track it takes. CHAIRMAN STRAIN: Because the elements that you're proposing here were not really the consensus of the workshop. They were going to have more presented to them in a -- some kind of compromise was going to be discussed from my understanding. And I did attend the workshop at that Tuesday meeting and it was going to be brought forward with some staff recommendations and comments. And I -- that's why I asked if that ever happened. And I'm not objecting to this. I'm just wondering how it got here with BCC review if it didn't get reviewed at the workshop and now it turns out it didn't get reviewed at the BCC meeting. MR. GIBLIN: Our direction was to prepare -- first of all, incorporate the concept of gap housing into our housing definition which is what one of these amendments does. The second direction I received was to allow for a density bonus for that gap level income housing and that's what the second amendment does. In addition to that, we received direction to look at how to implement some of these density bonus formulas as a matter of by right in certain -- in certain areas and at certain differing levels. That's going to Page 100 . 1611 __ __ ,___. ____'.__'u _..____0_'._ -- - -~----_._------_.- __ '.__ __n_______..________ - ----December-I-5,. 2005 take up more work than the past three or four days. CHAIRMAN STRAIN: Well, I was just going by what I heard as the closing comments ofthat meeting. Thank you. Is there any other questions of these particular issues from Cormac? COMMISSIONER SCHIFFER: No. MR. GIBLIN: Just for the record, these were reviewed by DSAC yesterday and received -- you need to have some approval to -- to move on. We'll bring these back at -- to you again at your next LDC hearing. CHAIRMAN STRAIN: Thank you, sir. Any speakers on this particular issue? MS. F ABACHER: No, sir. CHAIRMAN STRAIN: Then this issue along with all the other issues we discussed today that need to be continued to January 5th, 2005, will be continued. MS. F ABACHER: All right. Mr. Chair, would you like me to just kind of list quickly what those are? CHAIRMAN STRAIN: I don't know if we need to go through that. I know what they are. MS. F ABACHER: Okay. Just asking. You've got them. CHAIRMAN STRAIN: We've been here a lot longer today going through all those so... There is one other announcement that we need to make on the agenda. And I got a note from Mr. Schmitt. The AUIR meeting on Tuesday was advertised to start at 8:30. So we will have to meet here 8:30 Tuesday morning in these chambers to go over the AUIR which is -- you got updates for it today. And you got the book last night. So hopefully staffwill not give us any more updates between now and Tuesday mormng. With that there's no other issues for this commission, we'll stand adjourned. Thank you. MS. F ABACHER: Thank you. ***** There being no further business for the good of the County, the meeting was adjourned by order ofthe Chair at 3:10 p.m. COLLIER COUNTY PLANNING COMMISSION MARK STRAIN, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING, INC., BY CAROLYN J. FORD, RPR. Page 101 ., - ~ . -...., '" W.4.""'........ "'.__ .--- -- Fiala 16~1 Halas Henning NOTICE Coyle Coletta The regularly scheduled CCPC meeting for March 2, 2006, has been cancelled. A New Planning Commission Member Orientation meeting is scheduled for that date. The Orientation meeting will begin at 1 :00 P.M. at CDES, 2800 N. Horseshoe Drive, in Conference Room 609. If you have any questions, please contact Ray Bellows, Manager, Dept. of Zoning & Land Dev. Review. Misc. Coots: Date: Item#: Copies to: _........"'...__.,_...~_~"..".~"...."_.w'""_.'~_" III , _,. T ,___._.. _.,'_". "__'_'~ "'~_"___'_'_""M'",'_'''W_'''~'__W___''''''' ._. , 1611 , AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 1:00 P.M., THURSDAY, MARCH 2, 2006 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 609, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NEW PLANNING COMMISSION MEMBER ORIENT A TION I. Introduction and overview of the Community Development & Environmental Services 2. Comprehensive Planning and FLUE Consistency Issues 3. Department of Zoning: Land Use Procedures and LDC Regulations 4. County Attorney's Office: Legal Issues 5. Environmental Review Procedures and the EAC BREAK 6. Transportation Planning and the MPO 7. Engineering and Water Management 8. Code Enforcement 9. Question and Answer Period 10. Tour of CDES Facility -'~,..__...._.- _""'u"",,,~_;..,.,.,,.,,,"'" Ie 6011 Executive Mana~ Admin Bldg 3 ~.,<~~,.. '/.' ~.'~ ", :.,-, \ ... 'lv~ . \ /"d . r .,,'\~~, ;~ '~".'~ ~'...1) .... \~ \:~-~~~~~~.. ..~ \ / l n '<..c,,"--,-.J .~/ 1 d' '''-. -,->-- ~ ~.-- COLLIER COUNTY February 6, 2005 \. Ms, ~,usan M. Harp , Fiala \ Certified Local Government (CLG) Coordinator .H.... . I '~ ""'- ".'---'.' Bureau of Historic Preservation H a a~_,__ -.-- R.A. Gray Building :'~ ennmg._"., ,.." -- __ 500 South Bronough Street '../oyle ,._-~Z.~_ Tallahassee, Florida 32399-0250 Colt~tta.".._~~_~__ RE: Collier County Preservation Board Meeting Dear Ms. Harp: Please be advised that a public meeting for the Collier County Historic and Archaeological Preservation Board has been scheduled for Wednesday, February 15, 2006 and will begin at 8:45 a.m. at the Collier County Community Development & Environmental Services Division, Conference Room 609, located at 2800 North Horseshoe Drive. Naples Florida: I have attached the minutes from the January 18, 2006 meeting for your review and records. If you have any questions concerning this meeting, please do not hesitate to call me. My phone number is 239-403-2463 or you can e-mail meat:Raybellows@colliergov.net. :incereIY~J-- R~d V. Bellows, Zoning Manager Department of Zoning & Land Development Review (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Michael Pettit Melissa Zone Misc. Carras: Date: D3 -i4- -f) to Item#: I to I. (U H"lnnc I"YScn.,lUnn /1\ \ t',; rb Copies to: ..-....----..., '>"._", __',_'_"_"~W"'_.'~' -." _:<Ii 'Il.m .. ... ""'__'" 1611 ;1\W~\ " .... '. ' /~.~ . ,;-'~'\ :t7~q~~.! . ,~~> fJ \~':~'.. .~ "1 \\'.j l_ //q;; "-,--"".- AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 8:45 AM, WEDNESDAY, FEBRUARY 15,2006 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, CONFERENCE ROOM 609, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALLI ATTENDANCE: 2. ADDENDA TO THE AGENDA: 3. APPROV AL OF MINUTES: January 18,2006 4. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REPORT: A. Review resume for Preservation Board vacancy 5. OLD BUSINESS: A. Nehrling's Tropical Garden Site - Historic Designation Update B. Historic Guide Update 6. NEW BUSINESS: A. Archaeological Conservation Easements 7. DISCUSSION OF ADDENDA 8. ADJOURN \. lL"l\ \!i, ......,'",,,.__.,,.,,_..__~__"'-._~'H..<,'_._._"., ...._.. .' .. _.~".----_.--.,~-~'.,,~...."'< 16' 1 January 18, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD Naples, Florida, January 18, 2006 LET IT BE REMEMBERED, that the Collier County Historical! Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 8:45 A.M. in REGULAR SESSION at the collier County Community Development Services Division Conference room #610, 2800 N. Horseshoe Drive, Naples, Florida with the following members present: CHAIRMAN: John Thompson William Dempsey Thomas Franchino Patricia Huff Ardavan Moaveni (Excused) Elizabeth Perdichizzi David Driapsa (Volunteer) ALSO PRESENT: Ray Bellows, Zoning Manager Melissa Zone, Principal Planner, Zoning Dept. 1 . '"--'''.._".<.~~...".,,<~--"-----_.._-~-~-~"'''' ~,-"""""",,,,,...,. .. ____"~~..._.__"_w.~,.~""~"_"....,,,.....__......_." 161 1 January 18, 2006 1. Roll Calli Attendance: The meeting was called to order by Chairman John Thompson at 8:50 A.M. Roll Call was taken, with Mr. Moaveni excused. A quorum was established. 2. Addenda to the Agenda: 3. Approval of Minutes: November 16, 2005 After a review of the minutes by the Board, Betty Perdichizzi moved to approve the minutes of November 16, 2005. Second by William Dempsey. Carried unanimously 5-0. 4. Department of Zoning & Land Development Review Report: Ray Bellows introduced new staff member, Melissa Zone, Principal Planner, Zoning and Planning Department. He also announced that Mike Pettit of the County Attorney's office is be replacing Jennifer BeIpedio. They both are happy to be working with HAPB. A. The vacancy on the Board, left by Bill Tyson has been advertised, but no one has applied. May need to use the County web site and networking. David Draipsa offered to put the word out amongst his colleagues. 5. Old Business: Nehrling's Tropical Garden Site - Historical Designation Update: A. Ray Bellows reported on information received from Mike Pettit, who was the attorney working on County's land deal of the property. The process of Historical Designation will need to be redone because the first application was by the former owners and now the present owners (Collier County) must re-apply. Consequently, the County's real estate person will be notified to have a representative attend the next HAPB meeting and also a representative from Parks and Recreation to express their views. The vote on designation will be taken again at that meeting. He also cited a provision in the lease agreement worked out with former property owner, that any historic designation must be with the co-operation with the zoo. Mr. Tetzlaff is willing to cooperate with the Board's recommendations, with some minor concerns. Tom Franchino remarked that there had been some talk of separating the gardens from the zoo because of fee charging issues. Board is monitoring lease agreement process to iron out any issues. A brief discussion followed. Ray Bellows will supply the members with copies of the lease agreement to discuss at next meeting. In addition to the vote, a new notice and a new letter will need to be drafted for the application and it may require a follow-up meeting with Mr. Tetzlaff or a letter accepting the terms before taking to the BCe. 2 ~."'~.'- ,-, -_..,""-'._..._-,._!I<>.....,"-_..,.~- --".,,",.... ~~~"._,.,-'-~._......~,..- B. Advisory Board Four Year Review Process: 161 1 John Thompson, as chairman of the Board will, give a report to the Board County Commissioners, summarizing the activities of the HAPB, as required by law. January 18, 2006 This meeting will be at a regular BCC in March. The exact date will be provided to Chairman Thompson by Mr. Bellows. Part of the Summary of Activities is the Archeological Guide available through Chambers of Commerce and Parks and Recreation. All members were invited to attend in support of the Chairman. On the agenda for the next meeting will be a review of the Guide for any updates, additions or corrections. 6. New Business: A. PUDZ-05-AR-8126, Archaeological Survey and Assessment Ray Bellows gave the particular on request for survey and assessment on a re- zoning of a residential PUD, Meridian Village, that is in an area of probability. The area abuts Rock Creek RV Park to the comer of Airport and Estey Roads. Tests have been done at 40 sites and showed no archaeological features found. However since it is in an area of high probability, monitoring during construction has been suggested. William Dempsey moved to approve the archaeological survey as presented by Beriault and Carr, with the condition that monitoring will be done during construction. Second by Betty Perdichizzi. Carried unanimously 5-0. B. Archaeological Conservation Easements: Tom Franchino asked to keep this item on agenda for next month. Checking into tax benefits regarding designation of easements. (Handout) Ray Bellows provided a list of State Registered archaeologists. Discussion of information regarding the Margood site followed. In talking with Parks and Recreation and Ron Jamro, Mr. Bellows advised that more buildings of historical significance have been discovered than first thought. An independent archeologist has been hired to do the assessment. John Thompson said it is Beriault and Carr's firm (Archeological Historical Conservancy) from Davie, Florida who is doing the assessment. Craighead lab will do analysis of findings. Further discussion followed on construction areas being monitored and on the additions to the Brochure Guide that would be of significant interest. Patricia Huff asked for the form to apply for historic designation in Everglades City. She is working with the Mayor and City Council to try and get this determination before Everglades City loses all its historical areas to rampant construction. Melissa Zone suggested getting on the State Registry might be faster. 3 ._-'---.,- ~ -~-'''''.'''''''><"' r "......_""--~--_.__.._--~"-_.,,~- 7. Discussion of Addenda: NONE 16 J 1 January 18,2006 The next scheduled meeting will be held Wednesday February 15,2006 in Room #609 Collier County Development Services Division, 2800 N. Horseshoe Drive. There being no further business for the good of the County, the meeting was adjourned by order of the chair at 9:30A.M. ************ HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD Chairman, John Thompson 4 ....~-" ... ;0/ ""'''' "Od"U~'H -"_ ""~.~".,,,.,. .__""_n. "OB" _._.,." _. ".~_"^.,~.__...... CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE J February 13, 2006, 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F"), Third Floor - . I. Roll Call q ~\/r.:D \ . " I",,. .. II. Approval of Agenda lJ 2uD6 III. Approval of January 17, 2006 Minutes ",,"" C'""" ~mm.".on'" IV. Old Business: A. Voting Conflicts Fiala ./ Halas . ~~ B. Real Estate Services Update on Status of A-list Properties Henning C. Contracts/Agreements- Coyle - 12::~ Coletta _: a. Gonzales-Famada (NGGE Unit 53 -1.14 acres) b. Snay (NGGE Unit 53 - 4.24 acres) c. Sunshine Trusts LLC, TR (NGGE Unit 53 - 4.04 acres) d" Collier Development Corporation (48.93 acres) (tentative) D. Status of City of Naples Interest in portion of Collier Development Corp parcel E. Status of billboard Issues - Watkins Jones parcel F. Status of LDC changes allowing public access features in all zonings G. Status of Cocohatchee Creek Preserve opening H. Discussion on draft changes to Coastal and Conservation Management Element of the GMP I. Discussion of Proposed Ballot Resolution to Continue Ad-valorum Levy V. New Business: A. Coordinator General Report B. Outstanding Advisory Committee Member Program VI. Subcommittee meeting reports A. Outreach - Ellin Goetz, Chair B. Lands Evaluation and Management - Marco Espinar, Chair C. Ordinance Policy and Procedures - Will Kriz, Chair D. 2006 Referendum - Mimi Wolok, Chair VII. Committee Member Comments VIII. Public General Comments IX. Staff Comments X. Adjournment ****************************************************************************************************** Committee Members: Please notify the Environmental Services Deoartment Administrative Assistant at,4NSZ424 no later than 5:00 O.m. on Februarv 10. 2006 If you cannot attend this meetinQ. JJte 00 - \ 1- Dlo 1 Item #: t (0 I. l G 4::- Copies to: _._-~-- "'_.~.._--- ".,.~""-_."--,,. ,,"'_'_.k......___.,_.... ~_. ..---.---- Janu!Pz!J TRANSCRIPT OF THE MEETING OF THE CONSERV A TION COLLIER LAND ACQUISITION _. ADVISORY COMMITTEE Naples, Florida, January 17,2006 LET IT BE REMEMBERED, that the Conservation Collier Land Acquisition Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "P" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Bill Poteet Michael Delate Marco Espinar Ellin Goetz Wayne Jenkins Will Kriz Brent Moore - Resigned 12/20/05 Tony Pires Mimi Wolok ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator Cindy Erb, Senior Property Acquisition Specialist Michael Pettit, Chief Assistant County Attorney Christal Segura, Environmental Specialist 1 ".,..~,~" "",-,,,-_._."_.__.~.,,.,"._....,.._.-_..__...,.. ..-._"..._,,_.~",...... --""_.'...... 161 1 January 17, 2006 I. Roll Call - The meeting was called to order by Chairman Bill Poteet at 9:00 AM. Roll call was taken with Ellin Goetz absent at time of roll call and a quorum established. II. Approval of Agenda Mr. Kriz moved to approve the revised agenda. Second by Mr. Jenkins Mr. Delate will not be voting on item "V. New Business, A. Ranking for Fleischmann property and Recommendation for Amended Active Acquisition List. " Ms. Wolok requested to have item "IV. Old Business, F. Discussion Item- Referendum Language" moved up in the agenda so that she could be present for the discussion. Motion carries unanimously 6-0. III. Approval of December 12, 2006 Minutes Mr. Delate move to approve the minutes of December 12,2006. Second by Ms. Wolok. Carries unanimously 6-0. IV. Old Business: G. V oting Conflicts Mr. Poteet read a disclosure statement to abstain from voting due to voting conflicts with the property. His Real Estate Company has a listing for an adjoining property. Mr. Delate read a statement disclosing a voting conflict with the Caribbean Gardens-Fleischmann parcel #2 therefore will be abstaining from a vote. Ranking for this parcel involves possible granting of access easement in favor of his firm's client, who owns adjoining property. V. New Business: A. Ranking for Fleischmann property and Recommendation for Amended Active Acquisition List Ms. Sulecki reviewed information on the Fleischmann parcel #2 including the following points: 2 JanUj?6' f01 . Renewed interest for Storm Water Management and Water Quality Purposes. - . . Storm Water Department has prepared a proposal for filtering ponds similar to the North Fleischmann Water Park. . County Utilities have interest in 4-5 ASR wells on this parcel. . Two reasons to consider the property- -The Board has given direction to pursue it, and it meets the criteria as is. - Portions can be purchased not covered by road easements, ponds or wells, and will be managed for conservation if owned by Conservation Collier.. Mr. Pires looks at 4-5 drilling wells as a complete degradation of the site. Eugene Calvert, Director of Storm Water Management Department Transportation Division answered questions including the following points: . Demonstrated a conceptual picture of the Gordon River Water Quality Park in connection with the Northern Property. . The wetlands would be preserved with some discharge into them. . Big Cypress Basin is interested in funding improvements . There is a potential for trails. . Working with Parks and Recreation, Greenway Committee and Public Works. . The system is intended to treat Gordon River Water. Mr. Pires suggested having the developer of adjacent lands contribute funds since they would be dumping into the system. Ellin Goetz joined the meeting at 9:22 AM. Ms. Wolok moved to approve the purchase of Parcel #2 revising the A list to include the property under the following conditions: a conservation easement is placed over the entire parcel wherein the only uses can be a trail, board walk, related interpretation activities, and necessary access along the eastern boundary line. Second by Mr. Pires. Ms. Wolok noted that there are many studies in Florida demonstrating that natural filtration through native wetland ecosystems are a fine pollutant filtration system. The Gordon River Greenway Task Force and the Naples Preservation Land Trust have been trying to acquire the property for around twenty years; to turn it into a Water Park or ASR wells or any other use would be disrespectful to the Community Leaders that have been trying to get the property into preservation, and the Conservation Collier 3 ~.." - , ""--- ,-<".. '" "4.~_;_~,~_~_ __ -..-..-. lbl 1 , ~~~ January 17,2006 Program voters that voted to approve it. Mr. Pires added that the structures, artificial stucutral views and such counter the concept of - Conservation Collier. Mr. Delate believes that using this parcel for storm water treatment though a noble cause, is totally inappropriate. Public Comments- Jennifer Hecker urged the Committee to weigh the trade off. As an environmental consultant she has previously surveyed the property noting high integrity habitat within the interior; with numerous gopher tortoise. Nancy Payton, Florida Wildlife Federation supports Ms. Wolok's motion. She suggested the Parcel be on the "C" list if other entities are going to cannibalize the land. Brad Cornell, Collier County Audubon Society expressed support for Ms. Wolok's motion. If the uplands are taken for non-conservation values then the wetlands are not an appropriate conservation target either, as uplands and wetlands together are one system. Motion carries 6-0 with Mr. Delate abstaining. Ms. Goetz moved to recommend Parcel #2 be placed it on the "C" list should it be proposed for Storm Water Treatment and ASR wells. Second by Mr. Kriz. Mr. Poteet noted that he is not opposed to Storm Water Management partnership, it is just not appropriate for this parcel. Motion carries 6-0 with Mr. Delate abstaining. F. Discussion Item - Referendum Language Marco Espinar joined the meeting at 9:47 AM. Upon query by Ms. Wolok, Michael Pettit advised there is a State Statute requiring the terms "Yes" and "No" and that these cannot be replaced by other language. It was suggested by the Committee to remove the parentheses after the "Yes" and "No". Michael Pettit did not see a problem with this. Mr. Pires moved to amend the Active Acquisition List to include the Fleischmann track. Second by Mr. Jenkins. Motion carries 6-0 with Mr. Delate and Mr. Poteet abstaining. 4 JanlR2!J ~, IV. Old Business: - A. Real Estate Services Update on Status of A-list Properties Update by Ms. Erb: . Golden Gate Estates Unit 53 - Graham- Approved by the Board of County Commissioners on January lOt\ with a closing to be scheduled in March. Ms. Wolok left the meeting at 9:50 AM. . Santos Parcel- The offer has been accepted. The agreement will be presented to this Committee for approval, if recommended then it will go on the next Board of County Commissioners agenda on January 24th with a possible closing on February 24th. . Snay Parcel- The offer has been accepted. The agreement should be presented at the February or March meeting. . Sunshine Trust LLC- The offer has been accepted. The agreement should be presented at the February or March meeting. . Gonzales- To be addressed later in the agenda. . North Fleischmann Parcel- Determination of possible land for Conservation Collier is still underway. . Talon Land Group Parcel- Determination of possible land for Conservation Collier is still underway. There will be a meeting with Transportation, Parks, The School Board, and Bonita Bay on January 30th. Cycle 2- . Collier Development Corp. Parcel- Agreement should be presented at the next meeting. . Winchester Head- A parcel closed in December. Two new applications have been received and appraisals have been received. B. Attendance - excused/unexcused absence defined Mr. Poteet defined an excused absence as medical or family emergency based on the discretion of the Chair, but advised that members should plan for business conflicts, as these will not be considered excused. Mr. Pires added that a member absent for more than half of the meetings in a given year shall be deemed to have tendered his or her resignation, secondly if a member is absent for two consecutive meetings without a satisfactory excuse the Chair should notify the County Commission. If a member is not present for 75% of the meeting they are deemed absent. 5 ". .,-.- .... . M' _~,~"._",~~ .... -_.-..~ Januar~l?) 1 I C. Contracts/Agreements - - a. Collier Development Corporation (48.93 acres) (tentative) Ms. Sulecki advised that the contract has not been signed yet and this item will be continued to the next meeting. b. Status of City of Naples Interest in 4.39-acre Collier Dev. Corp. parcel Ms. Sulecki updated the Committee that the City has expressed interest. She then corrected for the record that an article published by the Naples Daily News stating the staff had approached the City to buy the parcel was not correct, a City Council Member had expressed interest when the letter to the City was sent. Mike Bauer, Natural Resources Manager for the City of Naples noted the City Council has expressed interest in the property and has directed the Staff to proceed. The City is interest for three reasons- _ Protection and preservation of mangroves - Addition to the current park _ Potential for blocking the ditch to permit water filtration. Public Comments- Nancy Payton, Florida Wildlife Federation has concerns with the City of Naples purchasing the property if the wetlands are to be used as a filter marsh. She suggested that the purchase price for the City of Naples include staff time and administrative expenses. Ms. Sulecki replied that the Board of County Commissioners will determine the price. c. Santos (NGGE Unit 53 - 5.7-acres) Ms. Sulecki reviewed Executive Summary "Approve an Agreement for Sale and Purchase for 5.7 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $194,750 (Santos)." Ms. Goetz moved to approve "Approve an Agreement for Sale and Purchase for 5.7 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $194,750 (Santos)." Second by Mr. Delate. Carries unanimously 7-0. D. Transfer of Development Rights (TDRs) - policy discussion 6 Janu~lbot61 e Brad Cornell, Collier County Audubon Society feels that sending areas are still a valuable target. Set it up that you purchase after removal of the - first two TORs. A scoring advantage is a good idea. The TDR sending area should be distinguished from the Rural Land Stewardship Area. Jennifer Hecker, Conservancy of Southwest Florida believes that the sending areas should not be avoided for purchase; the area needs to be protected. Other Counties have set up TDR Banks. On behalf of the Conservancy she recommends a scoring matrix in order to incentivise program participation. Mr. Kriz suggested in Recommended Course of Action #2 requiring removal at least the first two TDRs of a parcel instead of all four, and changing the word "cost" to "valued". Mr. Pires amended the motion to include Mr. Kriz's suggested changes. Motion carries unanimously 7-0. V. New Business: B. Advisory Committee Application Ms. Sulecki noted that there are five applicants with three member terms expiring that have reapplied; with two outside applicants. Mr. Espinar moved to recommend ElIin Goetz, Wayne Jenkins, and Will Kriz be retained. Second by Mr. Pires. Carries unanimously 7- O. Mr. Kriz moved to nominate Kevin Kacer with Stan Weiner as an alternate. Second by Mr. Delate. Carries unanimously 7-0. IV. Old Business: E. Gonzalez (1.14-acres) Ms. Sulecki gave an overview of the parcel noting that the previously estimated price was to be around $40,000, and it came in at $70,000. Ms. Erb suggested setting prices to pay for properties for the next six months. Mr. Pires left the meeting at 10:39 AM. Roosevelt Leonard, Real Estate Appraiser added that the last few sales were priced at $55,000, $70,000, and $79,000 an acre. The current owner 8 '--' ><._--, " --""..--... n .._._~..__... l.....,' ..".___ ....~ _w_~ ---"._-,._- Januar~,~uI 1 Ms. Sulecki reviewed "Conservation Collier Policy Options for Strategic - Interface with the Transfer of Development Rights (TDRs) Program" . January 2005 the Board instructed the staff to consider how best to remove TORs, with direction to remove TDRs before purchasing. . In March of 2005 there was discussion on not making a firm policy on not purchasing lands with TORs. . The idea was discussed at the November 29th Board meeting to allow Conservation Collier to buy, hold and sell TDRs. This idea may come up again as part of Growth Management Plan amendment meetings later this year. . It was also discussed that Conservation Collier should not buy development rights to distinguish them. . Possible actions: - Amend Conservation Collier Ordinance to remove sending lands as a target protection area. (This would not prohibit the purchase, because anyone can propose lands in any area.) - Create a policy within the Program Purchase Policy that would limit purchases to parcels were owners have removed TDRs. - Get people in touch with planning staff to give them information. - Amend the scoring matrix to consider the effect of TDR removal and provide a scoring advantage. - Make no changes, note status and discuss it as one factor. (This could result in properties not being approved by the Board.) Open discussion ensued including the following points: . To allow the Committee to purchase land with TDRs and resell them would be a policy change. This would create a government entity within the private market place. . Reselling the TDRs could help fund Conservation Collier purchases in the future. Mr. Pires moved to recommend implementation of staff recommended course of actions #1, #2, #3, and #4. Second by Mr. Delate. Public Comments- Nancy Payton, Florida Wildlife Federation commented on action point #2 noting that the fourth TDR in conveyance to a public entity, so you can not purchase a parcel of land unless you are purchasing it from another conservation entity. 7 ___0" '__'~",""W~ "'-'-"-~'~~--'--;._-~"""-' "-~,.~'"_.._._..,,~-, ~"'-'~-""--'-"-'." _. 161 1 j ~"; January 17, 2006 Brad Cornell, Collier County Audubon Society feels that sending areas are still a valuable target. Set it up that you purchase after removal of the - first two TORs. A scoring advantage is a good idea. The TDR sending area should be distinguished from the Rural Land Stewardship Area. Jennifer Hecker, Conservancy of Southwest Florida believes that the sending areas should not be avoided for purchase; the area needs to be protected. Other Counties have set up TOR Banks. On behalf of the Conservancy she recommends a scoring matrix in order to incentivise program participation. Mr. Kriz suggested in Recommended Course of Action #2 requiring removal at least the first two TORs of a parcel instead of all four, and changing the word "cost" to "valued". Mr. Pires amended the motion to include Mr. Kriz's suggested changes. Motion carries unanimously 7-0. V. New Business: B. Advisory Committee Application Ms. Sulecki noted that there are five applicants with three member terms expiring that have reapplied; with two outside applicants. Mr. Espinar moved to recommend Ellin Goetz, Wayne Jenkins, and Will Kriz be retained. Second by Mr. Pires. Carries unanimously 7- O. Mr. Kriz moved to nominate Kevin Kacer with Stan Weiner as an alternate. Second by Mr. Delate. Carries unanimously 7-0. IV. Old Business: E. Gonzalez (1.14-acres) Ms. Sulecki gave an overview of the parcel noting that the previously estimated price was to be around $40,000, and it came in at $70,000. Ms. Erb suggested setting prices to pay for properties for the next six months. Mr. Pires left the meeting at 10:39 AM. Roosevelt Leonard, Real Estate Appraiser added that the last few sales were priced at $55,000, $70,000, and $79,000 an acre. The current owner 8 Jam~yO ~ot purchased this parcel for $70,000. Appraisers look at the market prices from the last three months. - Mr. Espinar noted that not all parcels are the same, some will require more fill in order to build upon, and therefore should have a price distinction. Mr. Leonard responded that homes are not being built in this area. Most of the sales have been persons buying a parcel, holding on to it for two months and then selling it. Mr. Delate suggested appraising all of the properties and sending letters out to the owners givirig an offer for the property. Mr. Poteet noted that it was known that prices are on the increase. Mr. Poteet moved to purchase the property. Second by Mr. Espinar. Mr. Jenkins feels that we should continue on but we are our own worst enemy in driving the prices up. Motion carries unanimously 6-0. V. New Business: C. Advisory Committee 4-year Review Report Ms. Sulecki reviewed "Advisory Committee 4 Year Review by the Board of County Commissioners Workflow Process". The number of properties, and the total approved and purchased properties will be added to the document. Mr. Wolok rejoined the meeting at 10:56 AM. Ms. Sulecki will add language under item "E" stating that the Collier County Land Aquision Advisory Committee is in the process of drafting amendments to the ordinance. D. Review and Approval of Interim Management Plan for McIntosh property Christal Segura reviewed Executive Summary "Recommendation to approve an Interim Management Plan for the McIntosh property under the Conservation Collier Land Acquisition Program" 9 _______~__._.,._~"w__~_._._..._._,_ -,.._^ _.._""",",---~''''''',_"", '" OIl ,....,_"........_."...-- n_ o' ,..... ___,,~_..~~, _" .4- oj 1 ' .iti+; January 17,2006 Mr. Poteet recommended contacting the Golden Gate Area Civic Association. - Ms. Goetz moved to approve staff recommendations on the Interim Management Plan. Second by Ms. W olok. Carries unanimously 7-0. E. Coordinator General Report Ms. Sulecki gave a report including the following points: . Reviewed the draft Coastal and Conservation Element of the Growth Management Plan. . Policy 6.1.1: gives new language that provides for payments to Conservation Collier in lieu of some on-site preservation requirements. Mr. Lorenz reviewed the new policy showing less than Y2 an acre required preservation area is given the option to pay a specified sum of the land value to Conservation Collier instead of preserving the Y2 acre on site. This item was requested to be on the agenda at the next meeting. Ms. Sulecki continued the report: . Management plans for the Malt and Watkins/Jones properties have been approved by the Board of County Commissioners, and management will be started. . Staff has been requested to look at community outreach to develop preserve names and a logo. A meeting has been set on February 1st with Parks and Recreation. Asking the Schools is not an option due to the work load of teachers. Working with students in Summer camp programs to help develop a logo and preserve names was suggested by County Communications and Public Relations Dept. staff as a better option. . Cocahatchee Preserve is very close to opening. . Ms. Sulecki attended and gave a presentation at the Gordon River Greenway Symposium on January 13th. . The City of Naples has advised that they have funding available for walkways on their property at the south end of the Gordon River Greenway. A website was announced: gordonri vergreen way .org . Brochures for Conservation Collier Milestones are prepared. . There is a billboard on the Cocahatchee property where the vegetation is being trimmed including mangroves. The billboard appears to be on County owned lands. A letter has been sent to the 10 Janul J>zJJ There being no further business for the good of the County of Collier the meeting - was adjourned at 11 :30 AM. CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Chairman Bill Poteet 12 ---..-. -- _.. .. - -. " ,_,-,'--'_.~'"',._~-. _._~ . .,..--.-.- -~----'-~'-' . January~, R) 1 owner asking him to remove the billboard and cease trimming the vegetation. _. F. Outstanding Advisory Committee Member Program None VI. Subcommittee Meeting Reports A. Outreach - ElIin Goetz, Chair None B. Lands Evaluation and Management - Marco Espinar, Chair A meeting occurred last month, no meeting scheduled at this time. C~ Ordinance Policy and Procedures - Will Kriz, Chair A meeting will occur after this meeting. D. 2006 Referendum - Mimi Wolok, Chair None VII. Committee Member Comments In response to a question about members participating in meeting by phone, Mr. Pettit explained that if a quorum is physically present it is the discretion to determine that extraordinary circumstances warrant a non present member to participate by phone. VIII. Public General Comments None IX. Staff Comments Ms. Sulecki noted that there is an Interim Management Plan drafted for the School Board Property so a meeting should be set with the Land Evaluation Subcommittee. Mr. Pettit commented that he is going to present a resolution to adopt the Referendum Language and send it to the Supervisor of Elections at the February 14th Board of County Commissioners meeting. He will make every effort to get a draft resolution to Ms. Sulecki so that she can transmit it. 11 ,......."...... '" . 'l~ 1 _r._~___"; 'I "'... --'"'-"<;~.."......._-""-- __'"'______"~~...~.._"'_,._.."..,.._w".~_ ... - 1 6 I Jr: ... - AGENDA Golden Gate Community Center Advisory Board February 6, 2006 6:00 pm Golden Gate Community Center I. Call to Order II. Approval of January 11. 2006 Meetina Minutes III. Introduction of Shari Ferauson. Regional Manaaer IV. Old Business Fiala A. Community Center Staff Update Halas B. January/February Events Henning C. Wheels BMX Track Update Coyle Coletta " V. New Business A. Proposed Schedule Change for Wheels/Skate BMX B. Bike Fest and Cool Cruisers Car Show Review VI. Informational Items Monthly Report VII. Members Additions and Comments Misc. COrr&s: Date: D'6 -It-D~ Item #:110 Ll C. S Copies to: -_._-_._---,-,...".~_..-,.,,~.... -_. ,- ,,,-,^_._-,.,~..-~._" "__...d_.~._~_ -- - 16' 1 GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD MEETING Golden Gate Community Center - 6:00 pm February 6, 2006 Board Members Present: Bill Arthur, Chairman Jim Klug Ernie Bretzmann Vicki Clavelo Kaydee Tuff Staff: Mary Ellen Donner, Assistant Director Ellen Barkin, Community Center Supervisor Tona Nelson, Sr. Administrative Assistant Shari Ferguson, Regional Manager I. Call to Order at 6:10 pm II. Minutes of January 11, 2006 meeting approved. Motion made and passed unanimously. (4-0) III. Introduction of Reaional Manaaer Ellen Barkin introduced Shari Ferguson to the Board members. Shari is the new Regional Manager for Region II. Shari gave a brief update on her professional background. IV. Old Business A. Community Center Staff Update - Ellen Barkin Ellen updated the Board on several vacant positions. Three positions were recently filled. She is in process of hiring summer camp counselors. B. Community Center Events for January/February Ellen updated the Board members on all the scheduled events for January and February. She also discussed with the Board members about plans to develop more PeeWee programs. C. Wheels BMX Track Update Renovations of the BMX track are complete and the track is open for the first time since Hurricane Wilma hit in October 2005. Ellen and staff will be recruiting volunteers to assist in running the BMX track. Ellen will be attending a conference in Las Vegas related to the sport of BMX racing and track maintenance. 1 __"-VT - -..- ...... '. -"~.._..~.,_._.,,. -- 1611 v. New Business A. Proposed Schedule Change for Wheels/Skate Park Ellen provided the Board members with the proposed hours of operation. The change is a result of summer camp and the weather in the summer. Motion: To approve the change in operating hours for the Wheels Skate Park. The motion passed 5-0. B. BikeFest and Cool Cruisers Car Show Review Ellen explained that the car show was a successful event and enjoyed by all that attended. The BikeFest attendance was down from last year. She feels that more time needs to be spent on advertising and contacting all the bike organizations about the event. She learned more about the event and plans to make changes next year. VI. Informational Items - Monthly Report Ellen has made contact with the Parks and Recreation Fiscal Department to receive training on the software she uses to obtain the information contained in the monthly report. VII. Members Additions and Comments A. Concern about the dead trees in park - Mary Ellen Donner explained that the trees will be removed and replanted within the next month. B. Monitoring of the information on the marquee in front of the Community Center C. Timely advertising of the monthly meetings/posting of the minutes and agendas on the Community Center bulletin boards. D. Posting of the meeting schedule for the monthly meetings. ***Meeting adjourned at 6:50 p.m. The next meeting is at Golden Gate Community Center on March 6, 2006. *** 2 _ " "_"_'",'._'~'>_""__";,,_,,,_~_r ...."~"._ _"""'_'~_'"'''''''_''_'''<_'___.''''''_.'~''' .~_.',_~,"",',,",__"._m." 16/1 AGENDA Soecial Meetina Parks and Recreation Advisory Board February 8, 2006 6:00 p.m. Golden Gate Community Center ~ / ~1:II:S c~~::L~ - Henning~: _ I. Call to Order ~~oyle - .,~ - '. ,olel.ta -'_"C.c_c_____ II. PledQe of AlleQiance and Invocation III. Recommendation and Approval of ParkinQ Fees for the Vanderbilt Beach ParkinQ GaraQe - Parks and Recreation Staff - Marla Ramsey Mary Ellen Donner Murdo Smith Misc. Conoes: Date: Item#: Copies to: . ..,_....___~_m.'_~_ .... _ _..'_ 16/1 ~1f-< , PARKS AND RECREATION ADVISORY BOARD MEETING Golden Gate Community Center - 6:00 pm February 8, 2006 Board Members Present: John Ribes, Chairman Frank Donahue Ski Olesky, Vice-Chairman Timothy Toole Skip Riffle Joe Overbeck John MacDougall Staff: Marla Ramsey, Public Services Administrator Mary Ellen Donner, Assistant Director Murdo Smith, Beach and Water Regional Manager Ray Carter, Operations Manager Amanda Townsend, Operations Analyst Tona Nelson, Sr. Administrative Assistant I. Call to Order at 6:15 pm II. Pledge of Allegiance/Invocation III. Recommendation and Approval of Parking Fees for the Vanderbilt Beach Parking Garage As a result of the regularly scheduled BCC meeting on January 24, 2006, the County Commissioner asked the Parks and Recreation Staff to return to the BCC meeting on February 14, 2006 with fee options for the Vanderbilt Parking Garage. Mary Ellen Donner, Amanda Townsend and Marla Ramsey gave a presentation on several fee options available for the parking garage. They reviewed each option and answered questions from the Board members. At 7:05 pm, John Ribes opened the discussion to the residents. Eleven residents were allowed to speak for three minutes concerning the parking fees at the Vanderbilt Parking Garage. The public hearing was closed at 7:30 pm. The Board members then discussed all the options and asked questions of the Parks and Recreation Staff members. John Ribes closed the discussion at 7:55 pm. The motions are outlined as follows: 1 - . _'.~~__'H 16/1 1. Motion: (Frank Donohue) To recommend and approve that Collier County Residents with beach parking stickers not be charged to park in the garage, all non-residents be charged $5.00 to park in the garage. No second, the motion failed. 2. Motion: (Skip Riffle) To recommend and approve Option 0, a $5.00 fee from 8 am to 3 pm for everyone, after 3 pm, parking is free for residents with beach parking stickers. No second, the motion failed. 3. Motion: (Joe Overbeck) To recommend and approve a $10.00 beach parking sticker for all residents and no charge for parking in the parking garage. All non-residents will pay $10.00 per day to park in the parking garage. Motion seconded. Motion passed 6-1. 4. Motion: (Tim Toole) to recommend and approve a change to the Parks and Recreation fee policy to charge all non-residents a $6.00 fee per day to park at any beach location. Motion seconded. Motion passed 4-3. 5. Motion: (John Ribes) To recommend and approve Option E, a $10.00 fee for all non-residents per day to park in the parking garage, all residents with beach parking stickers to pay $2.00 per day to park in the parking garage. Motion seconded. Motion failed 3-4. 6. Motion: (Frank Donohue) To recommend and approve no charge to residents with beach parking stickers, charge non-residents 10.00 per day to park in the parking garage. Motion seconded. Motion failed 2-5. 7. Motion: (Tim Toole) To recommend and approve to prioritize the (2) passed motions. Motion #3 to have priority over Motion #4 when presentation is made to the BCC. Motion seconded. Motion passed 6-1. ***Meeting adjourned at 8:15 p.m. The next regularly scheduled meeting is at Immokalee Community Park on February 15, 2006 *** 2 ----......-......----.----..." _ __~_,..,_'O_"____..^_~_ . .,,--~._,~-,._..'. RctQ\IEl ,., 'li'irr , I ,.d. b f30ard of COlln,y Commissioners AGENDA Parks and Recreation Advisory Board February 15, 2006 2:00 pm Immokalee Community Park / Fiala -. / Halas /f I. Call to Order Henning- V// Coyle / / II. Pledae of Alleaiance and Invocation Coletta.. -- III. Approval of Januarv 18, 2006 Meetina Minutes IV. New Business A. Introduction of New Regional Manager - Mary Ellen Donner B. Recommendation and Approval of the Noise Abatement Policy - Murdo Smith C. Recommendation and Approval for Changes to the Fee Policy - Mary Ellen Donner V. Old Business A. Update on the BCC Decision for Vanderbilt Parking Garage Fees - Mary Ellen Donner B. Update on Caribbean Gardens - Marla Ramsey VI. Informational Items A. Capital Projects B. Monthly Report C. Recreation Activities D. BCC Recaps E. Meeting Schedule F. Attendance Report G. Address List H. Adopt A Park Assignments VII. Adopt A Park - Skip Riffle Misc. CUI: ':.:3: Date: i'. -' ! 611 PARKS AND RECREATION ADVISORY BOARD MEETING Immokalee Community Park - 2:00 pm February 15, 200; Board Members Present: John Ribes, Chairman Frank Donahue Ski Olesky, Vice-Chairman Timothy Toole Joe Overbeck Staff: Marla Ramsey, Public Services Administrator Mary Ellen Donner, Assistant Director Murdo Smith, Beach and Water Regional Manager Shari Ferguson, Regional Manager, Region 2 Ray Carter, Operations Manager Tona Nelson, Sr. Administrative Assistant I. Call to Order at 2:10 pm II. Pledge of Allegiance/Invocation III. Minutes of January 18, 2006 meeting approved. Motion made and passed unanimously. (4-0) IV. New Business A. Introduction of New Regional Manager - Mary Ellen Donner Mary Ellen introduced Shari Ferguson to the Board members. Shari is the new Regional Manager for Region 2. She will manage East Naples Community Park, Eagle Lakes Community Park, Golden Gate Community Park, Golden Gate Community Center and Max Hasse Park. B. Recommendation and Approval of the Noise Abatement Policy at Caxambas Boat Ramp - Murdo Smith A copy of the policy was provided to the Board members for review. Murdo thanked Frank Donahue for traveling to Caxambas to review the problems/issues at Caxambas. Murdo read the policy to the concerned neighbors/audience. The Board asked Staff several questions and then John Ribes opened the discussion to the audience at 2:25 pm. Several residents requested to speak and ask questions of the Board and Staff. John Ribes closed the public forum at 2:40 pm. Motion: Recommend and approve the Noise Abatement Policy at Caxambas Boat Ramp. Motion passed (4-0). 1 ,~~<---- >>_..'-, .-- . 16 j 1 c. Recommendation and Approval for Changes to the Fee Policy - Mary Ellen Donner Mary Ellen reviewed with the Board members and staff the (2) changes to the policy. The first change is parking/entrance fee for shuttles and excursion services to pay $12 per day per vehicle. The second change is to amend the county wide beach parking fee for non-residents to pay $6 per day per vehicle. Motion: To recommend and approve the changes to the Fee Policy. Motion passed (5-0). V. Old Business A. Update on BCC Decision for Vanderbilt Parking Garage Fees - Mary Ellen Donner Mary Ellen updated the Board members on the BCC meeting on February 14, 2006 concerning the fees to charge at the new parking Garage at Vanderbilt Beach. The BCC voted to amend the Parks and Recreation fee policy to charge non-residents $6 per day per vehicle to park at any beach location. All residents that have a beach parking sticker will continue to park for free. B. Update on Caribbean Gardens - Marla Ramsey Marla updated the Board members on the issues and progress with this land. Many departments and people are involved with this land development. There are many issues to consider and resolve and the process is moving slowly. She also updated the Board members on the progress of the 951 Boat Ramp. She included an update on the North Collier Regional Park. VI. Information Items The Board members reviewed the material included in the packet. VI. Adopt A Park - Skip Riffle Skip was unable to attend the meeting but provided a written report for Board members and staff to review. ***Meeting adjourned at 3:45 p.m. The next meeting is at Golden Gate Community Center on March 15, 2006 *** 2 ., . .~-"~."^.-..,.."._, ..--....- 16' 1 PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY, MARCH 1, 2006 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY SERVICES DIVISION BOARD AT HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON WEDNESDAY, MARCH 1,2006 AT 2:00 PM. 1. RollCall 2. Approval of Minutes of the February 1, 2006 Board Meeting 3. Pelican Bay Police Protection - Sheriff Don Hunter 4. Audience Participation 5. Chairman's Report Ordinance Summary New Board Members 6. Committee Reports Clam Bay Committee Clam Bay Annual Monitoring Report Clam Pass Inlet Beach Renourishment Budget Committee / Fiscal Year 2006 Capital Surplus - Recommendations New Project Recommendations / Proposed Fiscal Year 2007 Capital Projects Fiala . v" / . Uninsured Asset Reserve Recommendations Halas ~2 Fiscal Year 2007 Levels of Service Henning . 7. Red Flag/Green Flag Coyle _~.__ 8. Capital Projects Irrigation and Landscape Improvements Coletta_ .. System III & IV Retention Area Improvements - Test Area Oakmont Lake Bank Community Issues U.S. 41 Street Lighting Sidewalk Overlays Hurricane Wilma Storm Damage Hurricane Charley Storm Damage 9. Committee Requests 10. Audience Comments 11. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT 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. 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 DAYS PRIOR TO THE MEETING. Mise. Corr6s: Pelican Bay -located in the County's District 2 Date: Item .: Copies to: - ^,.~"",,.~-~-,-, """.. - ~ "-"","-~~~-'~~-*. -,-". Ifrf r~v'o~ !- 0 N .. .-l .s::. ~ ru :I: \0 Z 0 0 0 0 N t-I Z " U') <c tv') t-I U') N > t-I W > 0 :::JU)D::: U') ZW<c w WD::::::J U >:::JD::: t-I WI-~ > D:::t-IW D::: u..Ou.. 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'i 8 ~ .. ~ ~ ~ ~ ~~3 ~~. a c -.J -.J I>> g CD CD II ~ ~ ~III~O ~~ o 0 CDSIO C ~ ~ CJ := ..... c: - 15 := 'TI 'TI A. ~ -. em'" ~ ~ ~ ~ III ~ a s::: o U1 -' ~ w CD c -.)> a _0 _-' 5-> _W _I'V lit iil := tfi~8 88 a. (/) 00000 ~ ill o = G 'i-g N ~ ~ iilaJ ~ . ~ I'V I'V d: (/)0 .., "" I'V I'V 0 ~ ~ ~ o 0 __"_'~'_'''_'''.___~__''_''#'~''_~'"'_''."'.''_~~'''' __ A , ;7 ... .... "___,._ .',e_.____ 16' 1 TO: RESIDENTS and COMMERCIAL INTERESTS of PELICAN BAY SUBJECT: ORDINANCE CHANGES - 2006 PELICAN BAY SERVICES DIVISION (PBSD) A very important event took place on January 24th. 2006 when the Board of County Commissioners approved changes to the Ordinance which enables the Pelican Bay Municipal Services Taxing and Benefit Unit to provide the municipal services which help make Pelican Bay the outstanding community that it is today. The Ordinance had become obsolete, no longer retlecting the way we operate today. The County Attorney decided to propose amending the Ordinance rather then revising it and these amendments are what the Commissioners approved on January 24th. The existing Ordinance also required that it be reviewed every four years and this is the fourth year since approval in May of2002. These changes were reviewed in depth at PBSD regular Board meetings in October and November of 2005 and approved unanimously. The Key changes are summarized below: 1) Ordinance changes to more correctly define how we operate with the County staff. Example: The Budget is now prepared by the Services Division's Budget Committee and approved by the PDSD Board. The Chairman and Budget Committee Chair then present it to the Board of County Commissioners for approval. Example: The execution of the work programs spelled out in the Budget are now under the direct supervision of the PBSD Board to be executed by the Pelican Bay Services Division staff with assistance from the County staff as needed. 2) Wording changed in several places to remove restrictive definitions of what services we can provide. The PBSD Board can now consider taking over a service the County provides if we feel we can do it in a more timely way. Taking over such a service will only be done however, if the County will pay us for this service as they do for the mangrove forest maintenance. 3) The Memorandums of AgreementlLetters of Understanding were updated and signed by the County Manager, the Chairman of the Board of County Commissioners and the Chairman of the Pelican Bay Services Division Board. 4) The Ordinance now identifies the Mangrove Forest Restoration as a separate function from Maintenance. The County funds the maintenance costs; the Pelican Bay residents and commercial owners fund the restoration costs. 5) The Ordinance now acknowledges that the PBSD Board may have more then one Vice Chair. 1. "..--.,,--.-...------, _W1 . ..... .__~,..~_ . _.. M~." 16/1 6) The name of the Pelican Bay Municipal Services Taxing and Benefit Unit Advisory Committee is now changed to the Pelican Bay Services Division Board. Reference to the Advisory Committee throughout the Ordinance has now been changed to the Pelican Bay Services Division and the Pelican Bay Services Division Board. It is clear to me that Services Division Board members have developed a very productive working relationship with the District 2 Commissioner and senior County Staff members. This relationship plus the amended Ordinance should benefit the Pelican Bay Community tremendously. I have enjoyed very much being involved in this improved definition of the Pelican Bay Services Division Board's role in Pelican Bay Governance. Jim Carroll Chairman - Pelican Bay Services Division Board 2/20/2006 2. -,' ..--_.~._,"._.,,---,,-,_. 1lI1l__ ...... T j7 ----.-._> ... 1 6 I 1 1';;1. --- ..---- _u._._ ".-,-_..'- ~~---- -- ._-~ b;~! - I I c, ~Im, i I jWi !'ll::!i: 16' I alaliS lwl~ ~I::!il~ ~!all g iw ... !'li::!i ::i S!aI iw !'l!::!ii c. Jllall w lwl C '5 :g: ' ca _ ,::!i, i!l CJJ~ ..iicn iwi , I , I l!l!::!il - 1 _I ~iall iw : ! !'li::!i ~im-' !! M ~ :wl ~ .!! ~ :1 !'li::!il ili ili :fiml ~ ~ iwl !'l!::!il [ ~all i I I ; ,w' I !'li::!i ~I ca' ::!ial ; jwi ,....."..,.... .........................................._..."0...........,.. .. ....".~....".."..~."....., ~ ";; !'li::!il l6' E 0. i' I E ...[all ~ :J OJ !wi E ti w E .15' !'ll::!ij Jl ct ~laI! 8 I. !w g !!li::e '! 0:' ... i!llal iw !!li::!ij ~:aI' z; I !wi M !! !!ll::!ii ~ 0 1;; I .!! 8iall ~ 'wl ~ ! 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IWI ~,~i ~i.",1 ~ " . ~ C I ' " g !Wl ~ ~ ' 'I Q. ~ ",I~ ~i.!_ ! ~ I l i c , .! I a. I l! , ~ I ~ . ~ a i m ; ~ U) I ~ : I II i :J ~ g 8 c2~ ~ i l! 6 ,g ~ ii J!:;::l! 'E .. 1: .5 5" tl .. '(;; i~8 Iii 11:, ~ C 1J 'Ii C "', :l: i~c ~,g ~ 0 !_as 00 e ...... ..I .l!1!jj ;~ .!, ~~ E: (J;.6 a:: c: 0 \ mE nI, ....c as 0:1: E Q) ~I ~u:::; ~U !! .!!!~ ill I ~ .II &!i Ue f- --------- --- l~ 0'.... C'\l (II') ""'f Ul <0 r--.co '0) 0:. all -_..--.._.~".,~.,-_._" . -_"-~~~"",,,",""._.- file :/I/C IlDoclImenls%20and%20Setlings/smilh _hiM y%20 DoclImenls/PBSD%20 ReseTves%20-'%20M aTch%202006.htm 1611 From: Chris Sutphin [chris@cfsbbs.com] Sent: Friday, February 17, 2006 10: 11 AM To: Bob Vek Cc: Gerhard Seblatnigg Subject: PBSD Reserves Bob, Thanks for attending the PBSO Budget Committee meeting on Wednesday. The following summarizes what was discussed and agreed to regarding the PBSO Uninsured Asset Reserve which is being "spent down" during the current fiscal year: . PBSO will not budget to rebuild the reserve . PBSO is actively pursuing the establishment of lines of credit to provide a source of short term emergency funding if and when required buy a hurricane or other emergency situation . While it is contemplated that this will be complete by the end of the current fiscal year it would be desirable to continue to have agreement from the Pelican Bay Foundation to provide emergency funds if, for some reason, the line of credit was not in place of could not be accessed in a timely manner . You indicated that the current commitment from the Pelican Bay Foundation would remain in effect As stated in prior communications we concur that this course of action is in the best interests of Pelican Bay. I intend to proceed with the budgeting process for Fiscal 2007 on this basis. Thanks for your continues support. Regards, Chris Sutphin file:lllq/DoclImenls%20and'};,20Seltings/smilh _b/My%20DoclImenls/PBSD%20Reserves%20-%20March%202006.htm2121/2006 II: I 0:06 AM ""_'~"'."_ _."" "'_"_~"_'-"'_""""'"V>'_'_"_"""'''''__~ ... ill -_. f "~-~-'" -" 16/1 PELICAN BAY SERVICES DIVISION BOARD MEETING February 1, 2006 Naples, Florida LET IT BE KNOWN, that the Pelican Bay Services Division Board met in Regular Session on this date, February 1, 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. John laizzo Mr. Christopher Sutphin, Vice Chairman Mr. Matthew Mathias (Absent) Mr. M. James Burke, Vice Chairman Mr. David Nordhoff Mr. John Boland Mr. David Roellig (Absent) Mr. John Domenie Mr. Donald Spanier Mr. Edward Staros (Absent) ALSO PRESENT: Eleven (11) Pelican Bay residents; Mr. Kyle Kinney, President, Pelican Bay of Naples Foundation; Deputy Carmine Marceno and Lt. Andrew Prisco, Collier County Sheriff's Department, Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division; Ms. Jean Smith, Operations Analyst, Pelican Bay Services Division and Mrs. Barbara Smith, Recording Secretary AGENDA 1. Roll Call 2. Approval of Minutes of the January 4, 2006 Board Meeting 3. Aud ience Participation 4. Chairman's Report Governance Ordinance Approval by Board of County Commissioners PBSD and Foundation Interaction PBSD Election/Appointment Status 5. Committee Reports Clam Bay Committee Clam Bay Annual Monitoring Report Clam Pass Inlet Beach Renourishment Budget Committee Fiscal Year 2006 1st Quarter Review Fiscal Year 2007 Capital Programs Fair Share Program - Status Update Alternatives to Rebuilding Reserve Balances John laizzo 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 6327 .'__'_'~',_'_---'_,",___,__,_,__""_"..____..__h_M'~.""_'_',,"__"'~ .... ___"'___91'1'" lI'ln', .... . ","-,,,--,--,,,,,~-,"-,,._--,,_."--,,._~...,.,,_.,"~. ".~ Pelican Bay Services Division Board 16' 1 , February 1, 2004 10. Adjourn ROLL CALL Mr. Carroll asked that the record reflect that all members are present with the exception of Messrs. David Roellig and Edward Staros with excused absences, and Mr. Matthew Mathias with an unexcused absence. INTRODUCTION Deputy Carmine Marceno introduced Lt. Andrew Prisco, the new Commander of the North Naples Sheriff's Substation. Lt. Prisco stated, "I have replaced Lt. George Welsh as your new Lieutenant for the North Naples Substation". I have served as Lt. Welsh's Administrative Sergeant for the past two years. Lt. Welsh has moved on to another position within the Sheriffs office and I am taking over District 1. I am old fashioned and originally from Queens, New York. I started my career in 1990 with the Palm Beach Sheriff's Office. When my wife received a job offer to move to Naples as the General Manager of the Marriott Courtyard, I followed her and it has been a great experience. Lt. Prisco stated, "Old fashioned, back to the basics police work is getting back into neighborhoods and urbanization". We are trying to head into the future with bike patrols and foot patrols, which have always worked well. Weare working on new allocations for staffing and shift work and may be going to twelve hour shifts, putting more people on the street and making for a stronger police presence in North Naples. No time for crime and aggressive driving are some of the key factors we are going to be dealing with during 2006. One of the issues that we are specifically dealing with in Pelican Bay is bicycling. Bicycling is being addressed with a three pronged approach - awareness, education and enforcement. We are presently in Phase Two of that three pronged approach. We have gone to the local bike shops with pamphlets and have educated them on the Statutes and how to be careful of not running the stop signs and red lights. The second step is to make sure they are in compliance and if they are not, the third step will be enforcement. As you all know that will be a big political issue and we are ready to deal with that, we just want to make sure we are doing it in the right way. We are here to make sure people comply and not have to issue tickets. 6328 -- . ... .-._,,-"> Pelican Bay Services Division Board 1611 February 1, 2004 Mr. Burke asked, "Once the bikes are in traffic lanes, do they have all the rights and responsibilities of an automobile"? Lt. Prisco replied, "Absolutely". Just because you are on a bicycle does not mean you have preferential treatment. That car coming in the other direction is not going to stop, regardless if you are on a bike or in another car and as a result, somebody is going to get killed and we are trying to avoid that at all costs. Mr. Domenie stated, "They are not allowed to ride side-by-side either". Lt. Prisco replied, "They can ride side-by-side, as long as they are doing it in a group and when they come to an intersection where there is a full stop sign, they will obey that stop sign". They need to have a signaling system that tells the people behind them to prepare to stop. Mr. Spanier stated, "I want to give you a little feedback in the spirit of welcoming you". I had an experience at my house during this past week, where in the middle of the night the dog started berking. She had evidentialiy heard ali of the circuit breakers for the hOuse trip and ali of the power, including the telephones and security system had failed. I called the Sheriff's Department and I got some sorely, annoyed feliow on the phone, whom I had apparently awakened, and I told him what happened. I told him that I would like him to find out whether it is my house or the entire block. His response was that their policy was that they do not communicate with the power company. He told me to call Florida power and light. I did and it turned out that one hundred-twenty six homes in Pelican Bay had the same experience. When I got done with the power company I asked the young lady if she would mind calling the Sheriff's Department because they don't know any of this. Her reply was that we have a policy and we do not communicate these things to the Sheriff's Department. I am suggesting that somewhere in your first month's agenda, you set up a meeting with that department. It was very troubling to me, because I thought it was the worst breakdown in coordination that I have ever seen. Lt. Prisco replied, "FP&L has an obligation to inform us of those incidents". It is a pubic information issue. My two issues with it are that if the power is going out, the security systems are going out and that is vulnerability. We need to be aware of that so that we have people out there patrolling in that area, more so than any other area, at that point in time. I will address that 6329 ..,,-- - "'f " Pelican Bay Services Division Board 161 1 February 1 , 2004 issue with Communications and in the event that happens again, everybody has a right to see a deputy at their house, regardless of where you live. You tell them you want to see a deputy at your house, or you would like to speak to a Supervisor, or to have them call you back immediately. They transfer that call to the District, the District gets your name and calls you at home. I would like to know who that dispatcher was so that we can address that issue. Everybody has a bad day and I am not making excuses for people. They sit in this little room for ten hours at a time and answer phone calls. They need to take pride in what they do, because this is the job they chose. If anything happens like that again, I would like to know about it and we will deal with it. This is a public service and that is what we are all here to do. Mr. Carroll asked, "Do you regularly patrol our new Hammock Oak Center"? Lt. Prisco replied, "The deputies that are assigned here take the responsibility for that patrol". If for some reason your deputy is busy we will send another zone unit here to cover. We are constantly looking for new ways to assist in patrolling Pelican Bay. One of the main things right now is the Waterside Shops. That was our biggest focus during the holidays because of previous robberies. We utilized a lot of resources. One of the biggest things is how do we show Sheriff's office presence in areas where we just don't have them right now and the answer is decoy cars. At some time you might see a car with nobody in it and then three days later it moves. That is a decoy car and hopefully someone will think that there is a deputy around. We put a car in a parking lot and put a deputy on a bicycle or on foot, so it appears that the deputy in not in his car, but he may be walking around. That may deter the criminal to do their crime somewhere else and not be worth the chance they might take. Those are strategies that we are looking to do. If there are any specific areas in Pelican Bay that need to be addressed that we don't know about, please let us know. Mr. Charles Mueller - resident - "It makes me feel good to see a patrol car in the area". Mrs. Lynn Armstrong - Asked a question that was not legible on the recording tape. APPROV AL OF THE MINUTES OF THE JANUARY 4. 2006 REGULAR MEETING 6330 . ..,---.-......--- 161 1 \ Pelican Bay Services Division Board February 1, 2004 Correction - Page 6314 - Fourth Paragraph, line six, the word "mangroves" should be changed to "cattails" . Mr. Carroll stated, "I have some questions for Mr. Petty". There were certain places in the Minutes that passed on assignments to Mr. Petty. On Page 6304, there was one related to communications. As far as I am concerned that was to leave it with you to look at the communications situation and I don't expect you to have an answer today. On page 6305, about the commercial attendees, we don't have any commercial people in attendance today so I will skip that one. On Page 6319, I made the statement that traffic was not our problem. Mr. Petty reminded the Board that although traffic is not our problem, we should be sensitive to any issues that are brought up by the people of Pelican Bay. Mr. Petty, I appreciate that reminder. Mr. Petty, the issues about green space and bike paths, is that on the agenda today? Mr. Petty replied, 'Somebody was paying attention and put that down under Capital Improvements" . Mr. Sutphin stated, "I will be covering that under the Budget Committee Report". Mr. Carroll stated, "On the last page, Mr. Mathias asked for a list of the commercial people" . That got into a discussion that the owners might be located in Boston, New York or Europe, so the owner list would be useless. There are many tenants and that put the focus on the dilemma that we have of how to get the commercial people who are in the various buildings to recognize that we are here and interested in them. Our problem is that we don't seem to know to whom to go. Since Mr. Harrell, who represented the Waterside Shops, left our Board we are in need of some focal point. Mr. Staros has solved his problem at the Ritz by indicating that he is going to have his designee attend in his absence. He isn't here today, so I am assuming he is going to start that next month. Mr. Mathias was in a dilemma in that he does not know what to do because he does not have a large staff. That issue is still in limbo. Mr. Domenie stated, "I thought someone was going to approach Forbes and see if they wanted to be heard". Mr. Carroll stated, "Yes, but I am not sure we asked anybody to do that". 6331 -_.~_._".. Pelican Bay Services Division Board 16/1 February 1,2004 Mr. Sutphin stated, "I have a comment and I have been having communications with the Foundation about an eyesore that has come up on Oakmont Extension". That site is owned by HMA and Mr. Petty, are they conceivably in violation of any County codes? Mr. Petty replied, "I would assume that they have the opportunity to violate them the same as anybody else". I have not done an inspection and cannot tell you if they are or are not. Mr. Sutphin stated, "It would appear to me that between the County Codes and Foundation Covenants that they should be in violation of something. Mr. Carroll replied, "I agree with you and we did deal with that same issue about two years ago". Mr. Lukasz went in and planted some grasses, but the place still appears like a jungle. Mr. Sutphin stated, "The point I was trying to make is that HMA is in the process of buying the Cleveland Clinic, so their profile as an entity in the community is certainly going to be increased". This may be an opportune time to appeal to their mercenary interest to be a good business neighbor and get them to do something about cleaning up and beautifying that site. Mr. Kyle Kinney - President, Pelican Bay Foundation - "I spoke with Mr. Travis who manages the portfolio for HMA". He has a landscape service that helps to maintain that property. Mr. Travis indicated that he would be traveling by that site with his landscaper tomorrow. Mr. Kinney continued, "Keep in mind when you are talking about commercial members, the Foundation only recognizes members of the Foundation who are owners, not tenants". Waterside Shops owns the US Trust Building, so everyone who occupies that site is a tenant and not an owner. As you explain your concept of having more commercial representation, you might want to take it to tenants or limit it to owners of real property within the Community. It is a small list of owners, but a large list of tenants. Mr. Carroll stated, "Just talking to HMA about putting in a couple of bushes is not going to solve the problem". What we want them to do is to level it, sod it and plant a few flowers. Mr. Kinney stated, "They have County scrub brush preserve issues on that site". I know that is one of the issues they have, just like the three acres behind the Community Center. The 6332 , __u~,_.H."""""",_ Pelican Bay Services Division Board 16/1 February 1 , 2004 scrub brush preserve designation makes it hard to develop and HMA has the same issues with their site. I will keep in touch with Mr. Sutphin since he and I are going to be working on that issue. Mr. Spanier asked, "Does our Division have an easement over that property"? Mr. Petty replied, "We certainly have the area within the right-of-way, which means that within the right-of-way you can put landscaping that could screen the property, regardless of what the interior designation may be". I understand how troublesome that may be and if they found a turtle there God help them. Back in the 1980's if you found a gopher turtle on your property it cost in the neighborhood of $125,000 to have it relocated. I have no idea what the price would be now. We could certainly consider screening that property with landscape improvements, or working with the landowner and do a landscape improvement within the right-of-way. Mr. Spanier replied, "( was not referring to that". There are very large diameter pipes and check valves, painted blue, which run at right angles to the right-of-way into the depth of the property. I was wondering if they are on an easement that we own. Mr. Petty replied, "It would not be an easement to the Division, but it may be an easement to Collier County's Utility Division". Mr. Carroll stated, "Mr. Lukasz, I would like to leave that with you to do something about". Mr. Sutphin moved, seconded by Mr. Domenie and approved unanimously the Minutes of the January 4, 2006 regular meeting subject to the above referenced change. ~ ~ -- - ~ -- - - - --- -~ AUDIENCE PARTICIPATION Charles Galleon - L'Ambiance - 'We have a problem with the lake at L'Ambiance, where it is filled with weeds". Mr. Charles White stated, "Mr. John Dickerson who takes care of the fountains in L'Ambiance called me to say that they are having trouble with their fountains and asked if I provided weed control". The maintenance is not adequate and the weeds that are in that lake are burning up their pumps. Mr. Dickerson called me to see what I could do about it and I came up 6333 ~.-__",._,_" ,,,,,,'","~'__"'-""_"__',"~"_",'.'..~"'n~'__~._.__,_""____~._.,""_~. , . ---,-""---... .. '.'~...,--",..", .. '. ,._-_...._._-,._...,.._.,~ -","'-'._,.~--_._,---- Pelican Bay Services Division Board 16/1 February 1, 2004 with a bid to take care of the maintenance and keep the weed control down, with the hopes of saving a few pumps. Mr. Petty stated, "This is the first I heard about it and I have just talked with Mr. Lukasz about the situation". The lake is in our water management area and it is our responsibility to maintain it and we will do so. I saw the plant material that is in there and it is treatable. Mr. Lukasz does have people working the lakes on a regular basis. I am not going to try and fool you here, this lake slipped by a couple of maintenance programs and we will get our guys on it. Mr. laizzo asked, "Mr. White, could you identify the solution you are using to control that growth, to see if our people are using the same kind of solution"? Mr. White replied, "There are several types of herbicides that you can use and I can use a combination of them all". Mr. Petty stated, "The State comes out with an approved list of chemicals that can be used to spray plants in this environment". You must be licensed by the State to do the application as well. We are aware of all of that. Mr. laizzo asked, "Are we licensed to provide that kind of process"? Mr. Lukasz replied, "Yes". Mr. Petty stated, 'We will take care of it". Mr. Steve Seidel - San Marino - "I think it was at the last meeting that there was some conversation by the Board about $4,000,000 that is available that we could go after as our "Fair Share" and I don't quite understand what that is all about". The implication was that there is money that could be divided up, or a fair share given to Pelican Bay. Is that correct? Mr. Petty replied, "It is actually a program that Mr. Sutphin came up with and brought to my attention". There is a Municipal Services District overlay of the unincorporated portion of Collier County, where certain municipal services are segregated from the ad valorem budget and put into this municipal services entity and taxed separately. Currently, the ad valorem assessment equals approximately $4,000,000 in Pelican Bay and is going into municipal services. Pelican Bay Services Division provides municipal services as well, but limited in scope. In other words, municipal services are unlimited, dependent upon the need and we have a list of 6334 -"-_''''''''__'''_''''~"'_'_.--~_,",""""",._"""",."__,~",,,."..,,,,... v--, - ~ -- - _~,~",=,.. __'_""_"_"""'_"'__"M~~_'__""_"_~ 161 1 Pelican Bay Services Division Board February 1, 2004 the facilities that we take care of and there is this other need from the County. The question that was asked of staff to identify with the County, is can the County tell us where that $4,000,000 is being spent in Pelican Bay for our municipal services, which typically mean backyard services? The money should be spent where you can see it and we cannot see the $4,000,000. It is not obvious, so we went to the County to ask and got a non-specific answer. We questioned the "fair share revenue" where we wanted to see the projects in Pelican Bay, hopefully with the supervision of the Pelican Say Services Division. We would also do it totally within the Division as long as they funded it or for some money to come back to Pelican Bay to offset it, since we were doing so much of it ourselves. Here we are providing this service and shouldn't they reduce the $4,000,000 to some number, or shouldn't they be bringing product into Pelican Bay worth something? We think we may have caught them in an "oops", where they can't explain without getting themselves into trouble. We are now looking at a political answer from the elected official who represents this area. We will be trying to meet with him to discuss this further. We think the residents of Pelican Bay are entitled to an answer on where those monies go. Mr. Seidel asked, "Do you think there is some money available, some time"? Mr. Petty replied, 'We are optimistic that the money should be spent in Pelican Bay and that we can have reasonable people assume the same". Mr. Burke stated, "It would not be the full $4,000,000, but some portion of it". Mr. Petty replied, "That would be subject to the negotiations or the acceptance level of the people of Pelican Bay". Certainly there should be some money or some return in the Municipal Service Tax to the residents of Pelican Bay. You should see it some place and we think an answer is necessary. Mr. laizzo stated, "Out of that $4,000,000 that the community provides to the County, about $234,000 is coming back to Clam Bay". It comes right out of Fund 111, the Unincorporated General Fund for Collier County. Mr. Sutphin stated, 'We are exploring new ground here and there is no precedent for a County to do what we are asking". The theory I use, is that it doesn't hurt to ask and the worse they can do is say no. We have had out first non-committal meeting with the County Budget 6335 , . ~~",.._-~-" -..----.... .. --""-*'--" .....-,---......... -=->,.,.~----,~---~._---..- 161 1 Pelican Bay Services Division Board February 1, 2004 Director and they haven't said no yet. The second meeting hasn't happened because of the holidays and now we are getting the feeling that they are procrastinating, hence Mr. Petty's comment that we are going to try to go to our elected official to see if some pressure can be applied from the top down, to get us an answer more to our satisfaction. Right now, we have nothing. Mr. laizzo stated, "What we pay the overall General Fund also includes the Sheriff'. We can say that we are paying the General Fund and, therefore, we shouldn't be paying privately. I think we are dealing with the same problem here. What we ought to do is tell them we want the money to come back in terms of service and we can augment that. Mr. Sutphin stated, "The Sheriff is part of the County's General Fund and every citizen in the State of Florida pays for the Sheriff's Department, including the residents of the City of Naples who choose to fund an entire separate police department". The area we are talking about is a much lower level of service and in some areas we are paying for the same thing twice. Mr. Carroll asked, "Does this cover Capital"? Mr. Sutphin replied, "No, only operating". Mr. Petty stated, "The $4,000,000 could cover any operation". Mr. Carroll replied, "It does not cover sidewalks". Mr. Petty replied, "We are trying to keep it as open as possible". We would not mind if the County said you are right and Pelican Bay Services Division does landscaping to this level, so maybe we could give you $500,000 to $1,000,000 a year to spend in their budget and then you could allocate that toward Capital. Mr. laizzo stated, "I think it should cover landscaping and lighting". We are paying for street lighting separately. Mr. John Muller - Pinecrest - "I live on the lake in Pinecresf'. Right after the hurricane a Code Compliance person came by as a result of a neighborhood complaint. I was putting in some plantings that had been destroyed by the storm and was told that any new plantings needed to be approved, which was fine. I also mentioned at the time that there were a lot of weeds in the lake that we had never seen before and a lot of shrubbery that had been lost along 6336 ,~._,....~""---~--.-..~,._, "-_.",.",,,~..,...,,,,.,-,,...-.,,,---,,,--,,,,,---,,,,--,_..,.<-,.,",,,....""~.~""*-- ~ - ~"..,._"" ._~..,"_.".-,-," 16' 1 Pelican Bay Services Division Board February 1, 2004 US 41. In the park there is no shrubbery and you can look right into the US 41 lanes of traffic. The Code Compliance person said that she would do something right away on the lake and to allow her three or four months to do something about the shrubbery. Within two days they were in the lake killing the weeds and they continue to look after it. A Code Compliance fellow came by the other day and started taking pictures, which was a result of the person at the Foundation saying they would be back. We can now see houses in Pine Ridge and the lights from the traffic, which we never could before. They are also in there taking down some additional trees that are preventing other trees from growing. Mr. Mueller stated, "I asked them about a fountain for the lake". I was told that I had to appear before the Pelican Bay Services Board before I could get anything done on that issue. Mr. laizzo stated, 'We may pay to maintain the lakes, but we don't buy fountains do we"? Mr. Petty stated, "First, it was not Pelican Bay Services that told you that you were out of compliance with your plants". Mr. Mueller replied, "Oh no, that was the Foundation". Mr. Petty stated, "On the lake that you are referring to, that was the first lake that ever had a fountain in it in Pelican Bay". It was a test by us to see if it would help to control algae, by aerating the water and keeping the nutrients exposed and it turned out that it did. We kept the fountain in there for approximately five to six years after installation, until it burned up. At that time the fountain was discontinued because chemicals became available that made it that the alternative method was no longer needed. Aeration definitely adds to the health of any lake, as long as you do not super saturate. Fountains are one way to do it, although they are not the most efficient. Presently, aeration is done with a bubble system that lies on the bottom of the lake and brings the nutrient rich oxygen poor water from the bottom up. Fountains placed at the top are very poor about that circulation and tend to just pull the water from the top. In the past, this Board has considered fountains in their lakes, if maintained properly by the people that it benefits. Unless Mr. Lukasz has any other idea, I would think this would be for aesthetic value because the lake is doing very good by itself. There is electric available and I believe there is a transformer near the park. If they would like to do that I think Mr. Lukasz could work with them on that. 6337 ~-+',~~_~,"_"._,_",~.~_.__,~".._.."."",."...","...".,.",_~,_.__....,...._,."...."."',.._"".___""_""""~.<___,,_(__,._.......;<~''l_~_ __~......".,~_".',,"""'~,_'""' ~,," _ ___m'_._-_.._. 161 1 Pelican Bay Services Division Board February 1, 2004 Mr. Mueller stated, "I think I can get with the rest of my neighbors for a solution". Who would we work with? Mr. Carroll replied, "Mr. John Petty and Mr. Kyle Lukasz". CHAIRMAN'S REPORT GOVERNANCE ORDINANCE APPROVAL BY BOARD OF COUNTY COMMISSIONERS Mr. Carroll stated, "Each of you has been provided a copy of the new Ordinance". At the Board of County Commissioner's Meeting there were some minor changes made. I attended the meeting and there was not a lot of discussion. The County Attorney has made the decision that the Ordinance was not to be replaced, but done as an amendment. When you do that, you approve the changes and then it gets sent to Tallahassee, into some big black box, and approximately six months later a new Ordinance comes out. They take all of the changes and put it into the new Ordinance and in the meantime we operate with the amendments as the new document. Mr. Carroll continued, "I have outlined the key changes". First, the reason for the change, on my part, was to change the way we operate. The 2002 Ordinance required that there be a review every four years and this is the fourth year. Some of the changes deal with how we operate with the County staff. An example is the Budget. The Budget used to be prepared by the staff and now it is prepared by this Board and our staff. We prepare it and then take it to the Board of County Commissioners for approval. The execution of the work was a rather significant change in the Ordinance. The Ordinance now reads that the execution of the work programs shall be under the direct supervision and responsibility of the Pelican Bay Services Division Board, to be executed by the Pelican Bay Services Division staff, with the assistance of any additional County staff needed. That is a complete turn around where the old wording indicated that the County Manager was going to do this. Another thing that changed is the wording in several places to remove some of the restrictive definitions of what we do. This will permit us to consider taking over a County service, which we feel we can do in a more timely manner, but only if the County will pay for the services as they do for the mangrove maintenance, as an example. 6338 -'~'""~~-_._~_._""~"'-'"'''-''''' __,__,,,,,,,,,_,,,,,,,~,,,,__,__,,,,,,,,,_..,,,,'_i'_>'_"_,__,_~,____,___""""_.__,_,_..._,___~"~,,~,""",_,~.,,.. 161 1 Pelican Bay Services Division Board February 1, 2004 This gets very much into the subject we were just discussing. The Ordinance has been changed so that it does not appear to restrict us now. Mr. Carroll continued, "I felt it was necessary for us to identify the Mangrove Forest Restoration as a separate item from the maintenance". The County pays for the maintenance that gets done, but the restoration has been paid for by us through our taxes. We did not pay for all of it because WCI kicked in $1,000,000, so I wanted the Ordinance to acknowledge that there was a separate fund involved. We also changed the Ordinance so that we can have more than one Vice Chairman. The sub-committees that we now have can now be called committees because they are now committees of the Board. The last thing we did was change the name from the Pelican Bay Services Division Advisory Committee to Pelican Bay Services Division Board. Those are the changes and as far as who needs to know, I feel that somehow we need to communicate that information. I have certainly found out that Ordinances are very legalistic and complicated and I am just not sure how fast we can communicate this to the residents, so that it does not sound complicated or unfair. We need to publicize that in some way and figure out how to do that. I will take that on myself. Mr. Sutphin stated, "I think the wording in the Letters of Understanding are the most relevant from the standpoint of the residents understanding". As an example, the Memorandum of Understanding between this Board and the County Commission says that the County Commissioners shall, in effect, rubber stamp what this Board decides, unless there is an overriding governmental reason not to do so. It is not optional as far as the County Commission is concerned. The same affects the County Manager in that he does what we asked him to do. unless there is an overriding interest for him not to do it, which we have never encountered. Mr. Spanier stated, "As a suggestion to consider, since we have Mr. Kinney in the audience, who is the publisher of the Pelican Bay Post and the determinant of the paper's content, I think it would be an appropriate gesture after all of the misinformation that was exchanged during the annexation debate, if Mr. Kinney would permit this Board to give a thorough explanation of this Ordinance, unedited, and publish it in the Post as a means of communicating reality to the residents". We have had many arguments about whether this is an 6339 ....",- ...",. -. JI '__"""''''_'''_~''_____i_'__,~',w_~'_"'''_''"."'___~'''_~'~_~,._.,,-.,"".~".-,._._..___. 16' 1 Pelican Bay Services Division Board February 1, 2004 Advisory Committee, a hand maiden to the County and is it this, or is it that. This is the first document that has the effective law and I think we should have the opportunity to communicate that. Mr. Kinney stated, "I think that if you made changes to the Ordinance, the community has the right to read those changes that reflect the new relationship. Mr. Carroll replied, 'We don't want them to read the Ordinance that will drive them crazy". Mr. Kinney replied, 'Then you might want to do it as a comparison and for the old ordinance read this, and for the new ordinance read this". Mr. Nordhoff stated, "An executive summary to tell them the changes in one page or less". Mr. Burke stated, "The Ordinance will eventually be on the web page". Mr. Carroll replied, "Yes, but only 1 % of the people will read it". Mr. Muller stated, "I think all of us would like to read that document because I was as confused as anyone, and I still am". PBSD AND FOUNDATION INTERACTION Mr. Carroll stated, "It continues to be my expectation that the two organizations need to work together, to try and develop common objectives and be a part of one team". We have had a good deal of difficulty with that over the last two years, but I am still optimistic that could change in the future. PBSD ELECTION/APPOINTMENT STATUS Mr. Carroll stated, "There will be no election because only two applications were received to fill two residential positions on the Board". The new members will be Mr. Coleman Connell and Mr. David Bramson. Mr. Carroll stated, "Mr. Bramson is in the audience". Would you take the microphone and say hello to us? Mr. David Bramson stated, "I am Mr. David Bramson, I live in Pelican Bay and I am looking forward to serving with you on this Board". 6340 .'_,.._._'.____.......M...._,'''" ........ .. ...__<__''''"''"~_'"'__''~''''''''''''''..''i'....__....,..._..".....'______,__,...,"',..""'"'__.'"'__,,_,,~__,~""._~~,"...~'O,',__.....____~,~~~ 161 1 Pelican Bay Services Division Board February 1, 2004 Mr. Carroll stated, "For the commercial seat, Mr. Ed Staros reapplied for the position and was unopposed". Mr. Burke asked, 'Was there a candidate who submitted his name, but was not an owner"? Mr. Sutphin replied, ''There was a candidate who submitted and was not a registered voter, which is a requirement of being appointed to this Board". COMMITTEE REPORTS CLAM BAY CLAM PASS INLET Mr. Burke stated, "I may have more recent information". You all know that through Mr. Lukasz' intersession, he saw to it that Humiston and Moore is the Engineering firm for this project. That worked out alright. The engineering has been done on the inlet, but there is not enough time to do the dredging before turtle nesting season. They are now saying November 1st for the start of work. Mr. Lukasz stated, "The last I had heard they thought they might get it done before turtle nesting season". Mr. Burke replied, "They are hedging a little now". This is the maintenance dredging, but the sand they do take out is going to be placed on Clam Pass Park for renourishment. BEACH RENOURISHMENT Mr. Burke stated, "They are behind schedule on the dates for the beach renourishment from the original dates that had been published". We originally thought that they would be on our beach the first week of February, but it now appears to be in late February. Mr. Domenie asked, "Is there any equipment at Vanderbilt Beach"? Mr. Lukasz replied, "There is some equipment there and they plan on starting to place sand the first week of March". Mr. laizzo asked, "Currently, how much of a delay do we have"? Mr. Lukasz replied, "Approximately one month". Mr. Boland asked, "Is there gong to be beach access"? Mr. Lukasz stated, "There are going to be walkovers so that people will still have access". 6341 <,.,,,-,,~_,,,,,,----_~_,,,,,,,,,,,,,_______,_,,,,,_.',~"",",,^''''''-,,"_,;_J__''';;_""_"'_""''''' .......-.....' "~',".. Pelican Bay Services Division Board 16/1 February 1, 2004 Mr. Burke stated, "Apparently when they come down past the houses on The Strand, each one of those owners has to sign off on an easement". One of the owners has not yet signed that easement and if that stands, his stretch of beach will not get renourished. Mr. Lukasz, I will give this to you to work with. I think it is an oversight, but I did say to Mr. McAlpin, let's suppose the sand doesn't go on his stretch, does that then come down past marker R-37? It makes sense that it would. Mr. Lukasz stated, "Going back more than a year, they were having a problem with one resident who wanted his attorney to deal with the people handling the easement for the County". Mr. Carroll asked, "Mr. Lukasz, will you follow up with the Bay Colony people on that issue"? Mr. Kinney asked, "Is it an easement or Release of Liability"? Mr. Burke replied, "It says they have not signed an easement". Mr. Kinney stated, "I can remember at the Sandpiper the last time, I thought that it was a Release of Liability that we had gotten to sign". Mr. Burke asked, 'Were you required to sign a Release of Liability this time around"? Mr. Kinney replied, "I have not been notified". Mr. Petty stated, "Anything above the mean high water line is private property and anything from the mean high water line down, is government property". If the owner's property line goes out to that mark, you would want a Release of Liability and an easement. You would want to have both if you are going to try and maintain it. I don't think there is any problem with skipping any homeowner. As we all know, sand moves and rather quickly at times. If you go on either side of that property, before the summer is out, it will have filled in. Mr. Burke stated, "My article in the Pelican Bay Post about beach renourishment has gotten me some excellent email correspondence from concerned owners". They are asking very good questions. There have been no complaints; they just wanted to know more about it. Mr. laizzo asked, "Are we going to clear the Australian Pines that are down"? Mr. Lukasz replied, "We are getting proposals for the removal of all of those pines". Mr. laizzo asked, "Are you going to remove the others as well"? 6342 .._v M...._"""....,.,.''''-'''''.,."...--";._,,,''''__,_____._,,'''''''_;,_''''''_.',__..........--'___""""",,.~ -<""M~'""'~"._......'" '__ .._.__~~__,,_....'" 161 1 ~' Pelican Bay Services Division Board February 1, 2004 Mr. Lukasz replied, "Yes, they were undermined". BUDGET COMMITTEE FISCAL YEAR 2006 1 ST QUARTER REVIEW Mr. Sutphin stated, "This may take a little longer than usual because we did not have a Budget Meeting in January, so we are covering a lot of work that we normally would have covered a week ago". Mr. Sutphin stated, 'We are entering the first stage of the budgeting process for Fiscal Year 2007". In looking at where we stand for the year on Capital Spending, it appears that Clam Bay is going to be a wash. Is that correct? We have enough money in the budget to cover the anticipated spending on beach renourishment, even though it is going to exceed what was originally budgeted. There are enough funds left over in the other accounts to cover the average. Ms. Jean Smith replied, "Yes". Mr. Sutphin asked, "Mr. Burke is it your understanding that the beach renourishment work is not going to exceed the $1,000,000 we have in total"? Mr. Burke replied, "No, it is capped at $1,000,000". Mr. Sutphin stated, "Beyond Clam Bay, it appears as if we can accomplish the Oakmont Lake Improvements that were not in the budget, by deferring other projects and using funds that are left over from previously funded projects". We are under spending the Capital Budget for the year by approximately $150,000. Those funds will roll over to next year, because they are primarily deferring the accomplishment of irrigation projects. That will be taken into consideration when we are working on Capital Programs for Fiscal Year 2007. Mr. Spanier stated, 'With regard to the Oakmont Retaining Wall, I want to remind you that since you are the liaison and actively engaged with the Foundation's Budget Committee, that there are nine other associations abutting the lake". If it is the intention of the Foundation to get the advanced acquiescence of the people who live there, that has not been done and they should be alerted to that fact. It may be that there are going to be one or more people that don't like what you are doing. 6343 ~. ~'-""'~_'__'~_c.__,""""_;~~"~,.~_,,,,,,,,,,,,,_.~_o___,,,,,,,, ... ,__""__. 11III1>'17_ ......._""."....._.^_'~,.,;~.. ..,,,",,,--,,,-,-,._-~y-,,~-~~-,,,,-~,"--,,,,,,,._,-~-"~- 16/1 Pelican Bay Services Division Board February 1, 2004 Mr. Sutphin stated, "I will again rehash the history of howwe ended up doing this". It is Foundation property and, we, the Services Division, have a Water Management Easement, which obligates us to maintain that wall. Mr. Petty, Mr. Lukasz and I met with Mr. Kinney, along with Mr. Lickhalter, who was designated by the Chairman of the Foundation Board to be their Board Representative. From my perspective, the Pelican Bay Foundation is the Master Homeowner's Association for Pelican Bay and they own the land. They were given the option of what I will call the "cheap and dirty approach", which is to replace the existing wall with treated lumber, which is a $220,000 expense. The other option was for something that incorporated a better looking wall, with enhancements and they opted for the "cheap and dirty approach". That is what this Board approved and what is being done. If any of the local homeowner's associations are unhappy with that, my recommendation is that they address it with the Master Homeowner's Association (Foundation), because it is their land and not our land. Mr. Spanier stated, "I believe what you just said is perfectly reasonable and exactly what the history is". However, I believe some communication should go out to each association telling them that if they are not happy with this project they should go to the Foundation, and if not, then I think we are neglecting a very important link in our communications process. I could almost guarantee you that there will be a certain number of people who will not like it and they will come here. Mr. Sutphin replied, "I welcome their attendance". I believe that Mr. Domenie has included something about this project in the Pelican Bay Post. I will also remind the Board that every word uttered in this meeting, unlike some other organizations, is automatically in the public domain. There are verbatim minutes, which are available to the public and posted on our website. There are no secrets. Mr. Petty stated, "I understand the concern, and it was brought up". We had talked about the impact to the residents and the current method of $220,000 is to replace the existing structure. The only difference is, that since you can no longer get railroad ties we are using pressure treated lumber. We are replacing what is presently existing and that is what the Board, as well as the Foundation, opted to do. The thought of doing any improvements is something the 6344 ~""_""_.'_'_"---"'__4 v . . - ---.--.. .~ ,,,, ._'-""'''''''',__.._''''~_~,_ 1 ">'-~----,~----,- Pelican Bay Services Division Board 1611 February 1, 2004 residents should have come to the Foundation or to the Division with during any of the past couple of years. Instead, the residents asked for a repair or replacement of the existing wall, which is what the Board elected to do. In effect, there is no call to ask for an acceptance by the residents, since we are doing a replacement of what is presently there. That was the intent behind the Board choosing that option as well and would not run the risk of angering the residents by trying something different. Mr. Sutphin stated, "For the record, I would like to clarify my term "cheap and dirty approach". It was the lowest cost alternative that would solve the problem in a sound engineering manner and have a long life span, as apposed to spending additional funds on enhancements. Mr. Carroll stated, 'What I think is being said, is that there is little likelihood of a challenge because it is a straight maintenance job". If they want something else done, that is another issue. Mr. Spanier replied, "I am just anticipating what might happen". I think what has been said here, is that we and the Foundation have covered our posteriors, as we should". On the other hand, in anticipating what might be undeserved complaints in the community, I simply raise the issue. Mr. Carroll stated, "Mr. Sutphin has volunteered to take those complaints". Mr. Sutphin stated, "Since we are on that subject, there was an email from Mrs. Rosalee Johnson-Fogg, who has appeared at several of these meetings, on behalf of whatever Oakmont segment that she represents". Mrs. Johnson-Fogg has asked if the current Oakmont wall project includes erosion control. 1 think we owe her an answer on that and my answer is that I don't know. Mr. Domenie stated, 'We have made no provisions in case there is any damage or because the original railroad ties are wider than what we are using now, we are going to end up with having to do some repaving". Mr. Sutphin replied, 'We have had an engineering firm in to bid the job, which was acceptable and to the best of my knowledge they got the contract". Mr. Petty replied, "It has not been awarded yet". 6345 ,- ,.' .."--~ "_'.___'''';'.~_","","_~I'r''''''''''''' . .. . "-"~'-~"'_'"""""""""----"'_"~~'<"'-""-'"","-......,"----~""",..,.-.--"-."-.......- ~.".,-~;.~~.~"~,--'" Pelican Bay Services Division Board 16' 1 February 1, 2004 Mr. Domenie asked, "May I ask somebody else to continue to take the meeting notes for the Pelican Bay Post"? They can email them to me and I will add them to what I already have. Mr. Carroll stated, "I will ask Mr. Nordhoff to do that". Mr. Domenie stated, "I have to leave the meeting now". Will you please take over the notes from this point on? Mr. Nordhoff stated, "I always take notes anyway". MR. DOMENIE LEFT THE MEETNG AT 4:00 P.M. Mr. Sutphin stated, "On the operating basis for the First Quarter, there is a Hard Spot in terms of the Manager's compensation starting in January". We are spending more funds on Water Management Chemicals than are in the budget. All of the Hurricane Wilma expenses to date total approximately $80,000. Ms. Jean Smith stated, "I believe we are at $89,000". Mr. Sutphin stated, 'We believe that there are sufficient funds in the budget to cover those expenses". Ms. Jean Smith said, "Either in the budget or Reserves". Mr. Sutphin stated, 'We will have a better feel at the end of the Second Quarter". FISCAL YEAR 2007 CAPITAL PROGRAMS Mr. Sutphin stated, "I asked for suggestions from Board Members as to Capital Projects for next year". There was one suggestion about the street lighting on Pelican Bay Boulevard, submitted by Mr. Carroll and Mr. Domenie. Mr. Carroll, do you have something specific in mind, or do you feel it is an area that we should look at? Mr. Carroll replied, "As far as specifics, I think we need more lighting". Do we need twice as many fixtures, a brighter bulb, or to cut the trees down so that the lights shine better, I don't know. I think we need to start off on the premise that it is not light enough at night to drive. Mr. Sutphin stated, "I would like to cover this in more detail at the Budget Committee Meeting in two weeks". I would request that over the next two weeks that Mr. Petty looks into a couple of things. Is it feasible to add more light poles and as I recall it was not. So we are restricted to improvements in lighting technology. 6346 ""'-'-'---''''-~''''''------'''-''-'''~ ".,._.....-..~-_..._-" -~-- -'" '" ""-"'"""-<-'---'''-~'-'"".....".,~..",._, 16/1 .., l Pelican Bay Services Division Board February 1, 2004 Mr. Petty stated, "This has been looked at several times". The maximum wattage and light bulbs are in the residential area and it cannot go up any further without a change in the fixture and the controls of the entire electrical system that run it. The fixtures are also at their maximum on Pelican Bay Boulevard, without replacing the fixtures and controls. The spacing is such that you cannot get another pole in between, without incurring a great deal of cost, and then you have a problem with too much light. The street light system was designed by a lighting engineer, to be a minimal style system. At the time, Pelican Bay was almost rural and the only thing to the north was Naples Park, with a tomato farm across the street where Pelican's Marsh is located today. The idea of watching the night sky was something they were trying to keep. The lighting is such now that you could probably turn them off and not see any stars. It would require another lighting engineer to evaluate, but you would be changing out all of the lighting system. Whether you wish to do that in phases or with different design goals, is something you could certainly look at. Mr. Carroll stated, "It was my intention to have just that". Mr. Sutphin stated, ''That may be a very simple study". The one that comes to my mind, because I follow the technology, is LED street lighting. We may be a couple of years ahead of the curve on that one. The costs are coming down and the efficiency is coming up. At such time as it becomes cost effective to replace incandescent or sodium vapor with LED's, I can almost bet there will be an incentive from FP&L to do so. FP&L is usually at the forefront when it comes to cost savings to conserve energy. We will take a look at it and I am not sure that it is practical to consider ahead of anything that is affordable. Mr. laizzo asked, "Can I suggest that we get that into the write-up that Mr. Domenie is going to do for the Post to see if the community wants brighter lights on Pelican Bay Boulevard"? They could call the office and we could get a reading from the community on the light situation, so that we don't go crazy on it. Mr. Petty stated, "It does not cost us any money to call a lighting engineer to get a ballpark figure as to what a study would cost". You can then consider if it is too much money or to move forward and take a look at the project. 6347 ._'*'"------_..._,,.""_.,. " .... ..... ,..__.,--_.""--'""'--,-_....__...........-'"'".""~.---- ....... ~-~,-~,.....- . -'""'"''''''"~'''-'''-- - - - Pelican Bay Services Division Board 16/1 February 1, 2004 Mr. Sutphin replied, "If we could do that in the next two weeks I would appreciate it". Mr. Sutphin continued, "The next item are additional bike paths in green space and Mr. Petty, who owns the green space that you are asking us to consider"? Mr. Petty replied, "Unfortunately, people actually wrote down what I said at the last meeting and I was trying to get out of one jam and may have gotten into another one". This is the US 41 berm, which continues for very long stretches. Cutting a pathway into the hill between US 41 and on the berm itself is certainly feasible. Mr. laizzo asked, "Are you talking about cutting a path right into the grass"? Mr. Petty replied, "Yes". Right now it serves as a sound barrier and a little landscape improvement for our entry. It can certainly serve as a walkway or bicycle path as well. It is very attractive. Mr. Sutphin asked, "In two weeks can you come up with a budgetary estimate for doing something like that"? Mr. Petty replied, "I probably could if I used Mr. Lukasz' brain, instead of my own since he has more experience in that". Mr. Sutphin stated, "If Mr. Lukasz can do it that is fine with me". Mr. laizzo stated, "We have sprinklers in that area and you would have to be very careful". Mr. Petty replied, "Yes, and we would also have to go around trees and other structures". In putting a pathway anywhere, this would be the easiest and doing it within a right-of-way would be much more difficult. We don't have driveways or many entry roads going through it. Mr. Sutphin stated, "At this point I don't now if we are talking about $100,000 or $1,000,000", I have no feeling for what is involved. Mr. Nordhoff asked, "Can I make a request or suggestion, that it be wider than the current pathways if it is going to provide for cycling and pedestrians"? It might be wise to have it the width of the present berm. 6348 - - '-'~'-'""-"-----''''''-'''-'---'"''-'^'''--''",_.,- n1T -,-,',--~- , __".""M_..""""_.,;....,.''"_........_.____.;_~,.,._,~",''=",,'',.."'',..""'..,~"_P_._ -".,"~---~,,--~ Pelican Bay Services Division Board 161 1 February 1, 2004 Mr. Petty replied, "What I think I am going to be asking Mr. Lukasz for is a price for linear foot in width, assuming this would be a normal construction". The berm should be nice, easy construction, so we should be able to get a good price. Mr. laizzo stated, "I don't think having a pedestrian and bicycle path is going to work". I think it should be strictly a bike path. Mr. Petty replied, "Let's get a price for the width and then we can decide". Mr. Sutphin stated, 'We will discuss this at the Budget Committee Meeting in two weeks and then we will come back to the Board as to whether this is something we would want to look into". Mr. Sutphin stated, "Another item that was suggested by Mr. Domenie, who unfortunately is not here, was enhancing the three entrances from US 41 into Pelican Bay". I do not know what Mr. Domenie had in mind. Mrs. Smith, could you send him a note and ask him to please have something a little more specific that we can present to the Budget Committee in two weeks? ALTERNATIVES TO REBUILDING RESERVE BALANCES Mr. Sutphin stated, "This is the major issue that I would like to get the Board thinking about", As everyone should be aware, we rolled the Uninsured Asset Reserve of approximately $1,200,000 into the Operating Budget for this Fiscal Year. We survived a major storm event without the need to go out the residents for a special assessment. The question I am putting on the table is should we consider not refunding that reserve? In anticipation of doing that, I enclosed in your Board Package for this meeting, a copy of the current agreement with the Foundation, to act as a short term credit facility for us. I have also been in communication with the Foundation about extending that agreement and have received a favorable response back. Mr. Sutphin continued, "Mr. Petty also mentioned that the facility is becoming available for entities, such as us, to have our own line of credit with a commercial lending institution". What I am asking for at this juncture, is the sense of the Board on whether they would like to pursue this. If the Board chooses to assess the residents $150.00 to rebuild the reserve, that is fine. I personally would prefer this approach and allow our resident's to keep their money, unless we needed it. 6349 "'~~"" --_.....".,..."""'-.^"'--"....~ "._._"_.._-""-._,..._--,-.-~'""""'--_..._"".,_..._--_._...,"-,,".,".~ ,".,~,,._"..G__'~ 16/1 Pelican Bay Services Division Board February 1, 2004 Mr. Boland asked, "Do you have to have permission from the County to get a Line of Credit"? Mr. Sutphin replied, "I don't know". Right now what we have is a deal with the Pelican Bay Foundation, whereby if we have a disaster they would advance us money from their line of credit, until such time as we could pass the necessary motions to go out to the residents for a special assessment for storm damage. That agreement was predicated as a one shot deal and had to deal with annexation. As I have said is that what I have done is to ask the Foundation to see if they would be willing to continue this arrangement and the answer I have gotten back is that they feel it is in the best interest of Pelican Bay to do so. Mr. Boland asked, "Does a commercial line of credit have the same ramifications as a residential line of credit"? In a residential line of credit, you do not get charged for anything unless you utilize it. Is that the same scenario for a commercial line of credit? Mr. Petty replied, "The current instrument that we are building with the banks is based on a competitive interest rate with the Florida League of Counties". Funds that are available for emergencies now are approximately 3.99%. The cost of the loan only occurs when you take out the loan and it is minimal. I believe the closing costs are approximately $5,000. The limits, basically what they are looking for of how much can they loan each of the entities that we work with, is that we should be able to get lending values up to and equal to our budget. If you have a $1,000,000 budget, basically, this line of credit loan or standby loan will be set at $1,000,000. The way it is intended to work, is that it is available to you within approximately thirty days, that is interest only for the first year or October 1, whichever comes first, at which time you would set it to it's permanent value, that could be anywhere from a one to five year note. Anything past five years and you come into Florida Constitutional issues where notification or some type of vote is required for long term debt. You would have to get permission from the County because this would occur on their debit sheet. We have talked with the County for the practice and they have no problem at all with keeping it. One suggestion would be that with a crisis in Pelican Bay, it would be probable that the Foundation is going to be strapped for cash, as well as us. Should 6350 "'~'~'ffl_"_'" "___-..c__.""""_..____,_"-",__,."..,'''~'''''_..,'''__,_............_._.~_'''__"'.__.~_.,.,_""_~_~,___~._,_.._""...<"__~....,__."____.....~~,.,,.__ _, ... "__'_ 1611 Pelican Bay Services Division Board February 1, 2004 they have funds available, I see no reason why we wouldn't carryon and keep that agreement in effect as a ''what if' scenario, as well as develop other lines. Mr. Sutphin replied, 'That would be my preference". If there is no objection by the Board, I will continue to pursue that and discuss it further in our meeting. Mr. Carroll stated, "We had approximately $1,200,000 in reserves, which was basically for hurricane damage". Do we need any other reserve to protect us for anything other than a hurricane? Mr. Sutphin replied, "We are maintaining our normal reserves for replacement of equipment". The balance sheet, although it is not a conventional balance sheet, is in good shape, except for the deletion of the Uninsured Asset Reserves. The other thing that we did was to lower the excess funds from the myriad of excess Capital Projects that had been left over from prior years and we are spending that down this year. Our balance sheet is healthy. I would like to remind everyone that the only reason we carried that Uninsured Asset Reserve, is that under Florida Law you cannot commit for a service unless you have the money in the bank to pay for it. Hence, if we had a disaster, we would need the ability to have cash in time to pay the people that are going to do the clean up, before the County would allow us to hire them. That is why this commitment by the Foundation was so valuable in allowing us to do what we wanted to do. Mr. Carroll stated, "Mr. Petty made a good point that they may also have a problem at the time, too". Mr. Sutphin stated, "They have a $5,000,000 line of credit and we are talking about a thirty to forty-five day delay and probably ninety days to get an assessment passed, billed and to start collecting. Is that correct? Mr. Petty replied, 'The way we are working the stand-by loan is that it would be interest only, up until the time you could do assessments in a normal budget process". Mr. Carroll stated, "What Mr. Petty has outlined sounds very good". Mr. Sutphin stated, "The Budget Committee will have more specifics for the Board on exactly how this would work". I don't see any huge objection to proceeding that way, so I am not going to move that we do anything at this time. 6351 ..."~.~ '."'''- "'_~'_""'____'__"'''''''''_';_'''_'__<t;___'_~__"O_'<.d.'_'~_,;..~<_."..--____"'-___.....__"""""'",_~.,~..____....____ 1611 .... Pelican Bay Services Division Board 1~ February 1, 2004 Mr. Steve Seidel stated, "The Foundation does have the $5,000,000 line of credit, however, it is being drawn down for the community center until the assessments on the sale of property build it back up again". I think they are probably using $1,000,000 of that line of credit. Mr. Sutphin replied, "I am sure they are". This is an area where I am communicating with Mr. Seblatnigg and Mr. Uek, who is Chairman of the Foundation's Audit and Budget Committee. One of the events that will happen as of the end of March is that one of our new members is also on the Foundation's Audit and Budget Committee. I think that will provide a real time liaison between the two organizations. Mr. Boland asked, "Could that cause a conflict"? Mr. Sutphin replied, "I see no legal reason why a person on this Board cannot also serve on a Foundation Committee". Mr. Petty stated, "There is no conflict". Mr. Sutphin stated, "I personally see if as a big positive". Mr. Burke stated, 'When we first stuck the agreement with the Foundation, our thinking then was that we would not be able to establish an independent line of credit". Mr. Sutphin replied, 'This is a relatively new concept". Mr. Carroll stated, 'This is statewide and Mr. Petty is in on that". JOHN IAIZZO RESTRUCTURING PLAN Mr. Sutphin stated, "Mr. laizzo and I serve on a Strategic Planning Task Force at the Foundation". Mr. laizzo stated at our meeting that our community could save $2,000,000 if the Foundation took over providing the services that we currently provide. Since we are not allowed to talk about it outside, I wanted to provide Mr. laizzo the opportunity to put his views on the table and if it is something we should consider doing, and then let's do it. Mr. laizzo replied, "There is no restructuring plan that I was proposing". It was an expressed opinion. We got into governance and annexation where we would really save a bundle. We then got into governance where the Foundation would take over this operation. My expressed opinion is that we would save over $2,000,000, end of story. I never undertook a restructuring plan, as Mr. Sutphin has so graciously put me down on the agenda for. 6352 "--""""- .,....................-...__..-...-,....,__.....___,_,...... B!T ~"....~-..,--_._'.......-""--- ..u _~,",."...._"~,_,w__.__.c..._"'m..,._'._<.^.__ 16/1 Pelican Bay Services Division Board February 1,2004 Mr. Burke asked, "Does the Foundation have a landscaping crew"? Mr. Sutphin replied, "No, and it is unfortunate that Mr. Kinney has left the meeting, but I have heard him say in meetings that he has no desire to go into the landscaping business". The reason Mr. laizzo's number hit me was that our entire budget for non-capital services, excluding Clam Bay, is $2,000,000. To save $2,000,000 someone would have to perform all of the services free. RED FLAG/GREEN FLAG Mr. Petty stated, 'We are at that time of the year that it is time to look at the lease for our office in Pelican Bay". The agent for Collier County has been in negotiations, for approximately two months, with the people from the bank. The bottom line is that the yearly cost for the next year's lease would go to $27,352.68. The current budget amount is $26,058.00. We are looking at a small increase overall for the year, at approximately $108.00 to $110.00 per month. It is basically an increase in the maintenance costs that we are seeing. Mr. Carroll moved, seconded by Mr. Burke and approved on a vote of 7/0 to renew the lease in the Sun Trust Building for our office space. Mr. Burke asked, "Have we been in that space since 1988"? Mr. Petty replied, "Yes". CAPITAL PROJECTS IRRIGATION AND LANDSCAPE IMPROVEMENTS Mr. Lukasz stated, 'With the Crayton Road and Gulf Park Dr.ive Irrigation and Landscape Improvements, we have a few trees to plant on Crayton Road and some sod to be placed, then the project will be complete". SYSTEM III & IV RETENTION AREA IMPROVEMENTS - TEST Mr. Lukasz stated, 'We have gone in and cleaned that area and by the end of this week we are going to install different plants". At this point, we probably need to schedule a meeting of that Committee. 6353 ".~".._-, - .,- - .4..<M"'~_"""""-"',,,,,,,____,,"",,.,,,,, """"""-'~._~""~'."'-~~'-"--"-"""_._-- .161 1 Pelican Bay Services Division Board February 1, 2004 Mr. Carroll stated, "I keep getting comments about how great the north area looks and asked when the west area is going to look as good"? The last time we talked it was said that it is going to take time. Are we out there planting in that area like we did on the north side? Mr. Lukasz stated, 'When we installed the plants in the north area, except for the ornamental grasses, most of the aquatic plants did not do very well until the area went through a transition. It was probably a year to a year and one-half until those materials started to take off on their own and started to germinate. I do see some mangroves coming up. Granted, when the water levels are down there is a lot of mud exposed. There is some sign of plants starting to grow and we can try to help that along with some additional plantings in specific areas. From what we saw in the test area, it took off on its' own and was about one year to one year and one- half before it started to look good. Mr. Petty stated, "We looked at that before coming to the meeting and I had the same impression that you have, which is, there is a lot of mud showing". The birds seem to love it, but it did not look real nice to me. Regardless, I believe everything that Mr. Lukasz says and he is the person out there trying to get this material to grow. We have changed the water quality by making the area more salty. The channels are working and the water is moving and the environment is changing. Getting rid of the cattails is probably a very good thing for that area because you are removing nutrients that have been brought up into the cattails. I think what you brought up in the beginning of the meeting, that we need to communicate with the residents, is that we need to tell them what it going on here and show them the before and after pictures and what it will look like. Then we can start talking about options. If you can wait until the next meeting, we will put together some little pamphlets and bring it back to the Board to look at to see if that's in line. Mr. Carroll replied, ''That is very good because I continue to get the comments about the mud flats". OAKMONT LAKE BANK Mr. Lukasz stated, "I have provided you with the schedule for that project". The bid opening will be March 3rd, which is a couple of days after next month's Board Meeting. 6354 "'-"'_"'~__"">'''''5__",,"__'_,,__.,",""_'_____'''_____~__,,_,_,..';!!'_"""'_"'~'_'~'_'"_~,_,__"_.....""",_,,,...._____ ' >,.""~",,,".,.,.,~.",. ..,h._.,~"...,.~'C<' Pelican Bay Services Division Board 16/1 February 1, 2004 COMMUNITY ISSUES US 41 STREET LIGHTING Mr. Lukasz stated, "I spoke with the Transportation Department and most of the leg work for the approval from FDOT and the Federal Highway Administration has taken place". I have been told that the only thing lacking is the actual signature on the documents and that they expected that to happen during March, along with the Notice to Proceed. At that point the contract can be opened and the contractor will have to order the supplies for this project. Transportation does expect the approval in February. SIDEWALK OVERLAYS Mr. Lukasz stated, "The work should start either this week or next". Mr. laizzo asked, 'Will they do the walkways that are broken and scarred"? Mr. Lukasz replied, "This work is to complete the program that was started four or five years ago". It is to complete the overlays in the Greentree, Oakmont and Ridgewood Drive areas. As far as the hurricane damage, workers were out on Crayton Road today working on the sidewalks. To start going through the entire community again, we will have to go back in and evaluate the different areas and do sections. HURRICANE WILMA STORM DAMAGE Mr. Lukasz stated, "The break down on the numbers from Hurricane Wilma have been included in your package". Purchase Orders in the amount of $173,000 have been opened. Mr. Carroll stated, "At the rate that we have gotten the return from Hurricane Charley, I am not sure I am going to live long enough to see this". Mr. Lukasz stated, 'We are still working with FEMA". Mr. Carroll stated, "Maybe we should bring them to our next meeting. COMMITTEE REQUESTS Mr. Spanier stated, "In passing and discussing the reserve issue, it was mentioned that we have a normal replacement reserve for all of our equipment and mechanized items". Do we have a complete equipment and asset inventory? Mr. Sutphin replied, "Yes". 6355 -,,,-..._-,-,..._,,~-,-,,~-----,...,"-,- _.._.......,__""".,,""""'__... II UiIIl>I_.'" _ ill ..._....______."____.--...,_~.,__......_____,.'".~..~.__._'__~ Pelican Bay Services Division Board 16/1 February 1, 2004 Mr. Spanier asked, 'With estimated remaining life on each item"? Mr. Sutphin replied, "Yes, but they are formula driven and are not something that we have even dealt with in the budgeting process because they are prescribed reserves". Mr. Spanier asked, "Does anyone have a rough idea of how large that asset inventory is"? Mr. Sutphin replied, "It is somewhere between $1,000,000 and $1,500,000". Ms. Jean Smith will be able to tell you to the penny. ADJOURN There being no further business the meeting adjourned at 4:45 P.M. Mr. James Carroll, Chairman 6356 --~~-----~~ , """"""'___''''__'''_<'i'-''''~',_llll~___",,__________,_,",_._____._ 1 P /1_ PELICAN BAY SERVICES DIVISION Municipal Services Taxing and Benefit Unit NOTICE OF PUBLIC MEETING WEDNESDAY, FEBRUARY 15,.2006 NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE BUDGET COMMITTEE OF THE PELICAN BAY SERVICES DIVISION BOARD AT THE COMMONS, 6251 PELICAN BAY BOULEVARD, NAPLES, FLORIDA 34108 ON WEDNESDAY, FEBRUARY 15, 2006 at 3:00 pm 1. Roll Call 2. Approval of Minutes of the September 21 , 2005 Fiala ~ / 3. Audience Participation 4. Fiscal Year 2007 Capital Project Review ~~~~ng~ Carryforward Projects - Funded Carryforward Projects - Unfunded New Projects Coletta ...Z ..~.~-- 5. Fair Share Program . ~'~"'-"'~--"~---""""' -"'~".- Update Status Next Steps 6. Alternatives to Rebuilding Uninsured Asset Reserve Update Status of Credit Facility What do we want from the Pelican Bay Foundation? 7. Committee Requests 8. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT 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. 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 DAYS PRIOR TO THE MEETING. Pelican Bay -located in the County's District 2 Misc. Corres: Date: Db - 14 -Db Item#:lIoIIC0 Copies to: ._---~ a>.,.... " ..... ~-_..._--_. ..........._~,_"""""",..,"^''''''__..,,.. 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L- ~L- U') ~ ro.c ~ 1.- C LLI ~ . o~ ro ::> LU ::J CJ) I.- .c Z Q) u. . . . . _.._"'",...""';;....;,";'"...~.".,<O" 0' ~.... ._,"...,.."b.."-.."".,,,~_..____...,._,,,....,,..._..,.",.,.,, """'-"-'"~'''-"-''-'''''~''--~'-'- _..,-_._,.---_."'-"~_.> ^ "'_'''_'--''"~'''''''_.___~..__""_;."",."__'.","",,,"<rr 161 1 MINUTES BUDGET SUB.COMMITTEE September 21,2005 Naples, Florida LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay Services Division Board met in Regular Session on this date, September 21,2005 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. Matthew Mathias Mr. John laizzo Mr. David Nordhoff (Absent) ALSO PRESENT: One (1) resident and three (3) members of the Pelican Bay Services Division Board; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division and Ms. Jean Smith; Operations Analyst, Pelican Bay Services Division; AGENDA 1. RollCall 2. Approval of Minutes of the May 18. 2005 Meeting 3. Audience Participation 4. Review Unincorporated Area General Fund Taxes - do we have an opportunity? 5. Getting Community Input - What? How? When? 6. Sub-committee Requests 7. Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show Mr. Nordhoff with an excused absence. APPROVAL OF MINUTES OF THE MAY 18. 2005 MEETING Mr. laizzo moved, seconded by Mr. Mathias and approved unanimously, the Minutes of the May 18,2005 Meeting. AUDIENCE PARTICIPATION Mr. Sutphin stated, "Mr. Burke, I will call on you since I believe it was you who distributed this Annexation Report". Would you care to tell us what it is and where it came from? Mr. Burke replied, "Last Friday afternoon I was made aware that the Naples City Administration had prepared their Urban Services Report". I went down to the City Clerk's office and obtained a copy. It was given to the City Council Members in preparation for their workshop this past Monday. This is the report they are using to proceed and is the basis of their questions 417 '>'~'_"__'.~"____'_"~_"_H"""'=""""_,.~",~~_""~~",,,,,_ _ ~ '4'" . ....."'__.._'-.,.,._i.."___'.'.,~...~_."".._.,--....,_ ""-"~'-~-"-'-----",-'~"'-'-'-'-"'~~' 16/1 Budget Sub-committee September 21, 2005 and answers. The Council Members raised as many questions as the Report answered. A couple of people, including Mr. Spanier and another individual looked at the numbers on this and if any of you have ever asked the question of why do we not want to be annexed or why does the City want us, you can pull out of this the fact that the City picks up a minimum of a $19,000,000 financial windfall over the first ten years; scrap the first four years, they are irrelevant. The $19,000,000 is a minimum and could go to $30,000,000-$35,000,000. There are some City fathers, the better business people, who are supporting annexation who have said to me that the $19,000,000 is conservative. It is a hard number and you can get your hands around it. For me, that is the reason the City wants to go through all of this trouble. It is not so easy for me to figure out why we want to be annexed and the answer I received was that you are going to get better government. Am I going to get a reduction in taxes? No, it will be about the same. Am I going to get better services? No, they will be about the same. You are going to get better government. To me, that is where this is now. I asked Ms. Smith to get this out to each of you so that you could see it. Mr. Sutphin stated, "This is obviously in the public domain". Ms. Smith stated, "I have not given this to other Board members". Mr. Sutphin replied, "I think you should", It is not an agenda item for this meeting and I thank Mr. Burke for making it available. Mr. Burke stated, "I think it would be good for all of the Board members to receive it". Mr. Sutphin stated, "As a matter of interest, I read the last couple of articles in the Naples Daily News on annexation and as far as I am concerned, there is nothing new". Mr. Burke stated, "Both Mr. Spanier and I were at the workshop and neither one of us spoke". There were some speakers from the City of Naples and their comments were, "bigger is not better". Obviously, with that kind of a financial windfall, I think they need the money. That is pretty powerful. Mr. laizzo stated, "Yes, there are two issues; municipal power and the money". Mr. Sutphin stated, "About six months ago I did a discounted cash flow analysis on annexation, based on the numbers that were available at that time and they really haven't 418 ""'"~"'~~_',""'"'~'_,~~~""__~,_=~.M""_>,"__,.~,,,,",,,_,..._..,_"'...._."__~~~......",~.._.,"_.,"'__,',,,.,.,,'^'_,,,.,"_~..-."'.",.,_..._-........ - ~~__..._."'"".""_.'''>._.'........", "'.'...."m,".'_'-..-,._~_._._,_ 161 1 Budget Sub-committee September 21, 2005 changed". It showed that if you looked at it from the standpoint of the City of Naples making an investment in Pelican Bay it has a discounted rate of return, and I believe I used a figure of 4% as the municipal cost of money, of approximately 39%. It is not a bad deal and is an investment that you would make if it were your money. Mr. Spanier stated, "In addition to the money to the general taxation, this Report deals with two significant surcharges that will be assessed on Pelican Bay residents that have never been mentioned before". One is the utility tax surcharge, which the City uses to fund all of its' capital programs that will be charged directly on our utility bills. There is also a telecommunications service surcharge that would be charged directly to the Pelican Bay residents. When you read the projections, not only of the General Fund, but the two additional funds that fund all of the City of Naples Capital Works, as well as their contemplated improvements to the stormwater system, you will see they will net out, in addition to the $19,000,000, approximately another $6,000,000-$7,000,000. After deducting all of the costs of setting up Pelican Bay and combining services, that is our gift to them and it is coming out of our pockets. Mr. Sutphin stated, "One item of interest". We had our Budget Hearing for the Non-ad valorem Assessment before the Board of County Commissioners on September 8th. Our portion of the agenda lasted somewhere between two and three minutes. The budget was approved and the only question that was raised was by Commissioner Halas and even though I covered it in my presentation, he wanted to be assured that the taxpayers in the District had been apprised that this was a one-time reduction and that the assessment was going to go back up. I assured him that we had done that via the Pelican Bay Post and the Pelican Bay Advisor and Mrs. Smith subsequently mailed copies of those article to his office so that he has his posterior covering in place, if the issue ever comes up. REVIEW UNINCORPORATED AREA GENERAL FUND TAXES - DO WE HAVE AN OPPORTUNITY? Mr. Sutphin stated, "The General Fund levy is an item on our tax bill, that everyone is Pelican Bay pays by virtually being a part of Unincorporated Collier County". This is the specific 419 . "~""--_._='--"~-""~_.~-~_.",,,"""""'- "',.~"-"~,.._-'.....'--" f .... ._;_",_",_.,,,,_~~".___.,._,,~_".,,.,. - "'-'-'-'-"."-"-'~_"_'__""'<"""'''~'_'''".~_~'''''",",i'__.''''''_~"'_____''''_,,"_''''"W~__ 16/1 Budget Sub-committee September 21, 2005 tax that would be replaced by the City of Naples General Fund Tax, if we were annexed. Mr. laizzo, among others, has been quite vocal that he feels that there are areas in this levy where we are in effect paying twice for the same service. I discussed it briefly with Mr. Petty and I can't remember the word he used to describe this effect. Mr. Petty replied, "I referred to it as Fair Share Revenue". To make matters clear, this is not the General Fund Levy, this is the MSTU overlay levy. Mr. Sutphin stated, "It is called several different things and it is one of the causes of confusion on the tax bill, which I went into at the last Board Meeting". Mr. Petty stated, "On the tax bill it says Municipal Services Taxing Unit and there are specific responsibilities to that name". Mr. laizzo stated, "I thought the Unincorporated Millage was equivalent to the General Taxes that we pay for the County". Mr. Petty replied, "No, sir". Remember, government has to be fund specific. If a government raises revenue, it must create a fund specified for the use. We can't just put a tax out there and say we are going to spend it for whatever we want. We have to tell the taxpayers first. The General Fund is where the general responsibilities of the County lie and is the basic services that we get from the County. Ms. Smith currently shows it as 4.16 mills. That is the County General Fund levy. For the Municipal Services Taxing Unit, which is for services above and beyond what is considered to be those provided to everyone in the County, they overlay that into the Unincorporated Areas of the County and say we are going to give you extra services above and beyond what we would normally do as a standard County service. Those are going to include, on face value, landscaping and streetlights, but when you look at the list of items that are being funded, it is quite a list. Mr. Sutphin stated, "The next two pages in your package are a listing of items in this tax levy". Two items on your tax bill that are Pelican Bay specific are street lighting and security. They are divided into two general categories, operations and projects. The handout that Ms. Smith provided at the start of the meeting happens to be landscaping projects. Since landscaping is our single largest area of expense in Pelican Bay, it also appears as an 420 -."-- ,.""..."~-,,,....., ..... .... 44 --""-,,,."' .~.-.~...,. -~,.,"...~......,"--""'~-""'-"---<-,--"",---",,,,,,-----",,-,,~,"_._.~-_._-- 16/1 Budget Sub-committee September 21, 2005 Unincorporated MSTU tax item, with a whole list of projects under it. It is a lot of money and the reason that I am showing this is not an attempt to analyze it in detail, but to raise the issue, is there an opportunity for PBSO, since we provide some of our own services in this same area, to have a negotiation with the County to attempt to get some relief? Mr. Petty felt that it was worth exploring and I have agreed that when the appointment is made with the appropriate person, I will attend that meeting with him to see if there is anything worth pursuing. The attempt would not be to go through it line-item by line-item, but try to negotiate some tax relief, simply because we are performing work here, that if we didn't, the County would have to come in and do it for us. Hopefully, there is something there and in a month or two we should be in a position to report back to this Board that we were either successful or unsuccessful. I will leave it at that for this meeting. Mr. Petty has agreed to see who the right people might be to talk with. GETTING COMMUNITY INPUT - WHAT? HOW? WHEN? Mr. Sutphin stated, "The Pelican Bay Services ~ivision Board has been criticized, both externally and internally, by people who attend our meetings and Mr. laizzo, that we do not seek community input in our decision processes". I think to an extent, that is true, although I will have to say, in general, most people even when asked, are reluctant to say anything. A real life example is that I wrote the articles for the Pelican Bay Post for two years. It was a minimum of once a month and in season it was twice a month and occasionally I would throw in a Budget Sub-committee article. Every one of my articles ended with the sentence; "If you have any questions on this or any other issue, please feel free to email me at..." In two years I probably received thirty or forty emails and 80% of them were from the same three or four people. I answered every letter as precisely as I could, as an individual, not on behalf of the Board. If that is an indication of the interest of the community in asking questions about what this Board is doing, the conclusion I come to is that 98% of them do not care, unless it is an issue that hits a "hot button" with that individual and then they are very vocal. In general, they do not appear to be all that interested in telling us how they feel about things. Mr. laizzo stated, "If you are going to seek responses from the community, you should certainly seek it when there is money being spent outside of the mandatory and essential levels". 421 e'~.~__,__...._~,......__. .~_..''''',...._-----.,--- -,,----,"'-"',........"-..-.,..-- '",'."",-..,,,",,,,',,,,,,,,,,, ,._____...~___.__"R."'~_~;,._.__,'_~__~"_ 16/1 Budget Sub-committee September 21, 2005 That is when I suggest that you go to the residents and ask them if this money is appropriate to spend. Mr. Sutphin stated, "The question is how"? I have given this a lot of thought". lam proposing that we start with a very simple questionnaire and I took a shot at designing one to get something out to our constituents and ask them a couple of simple questions. The vehicles we have available to us that don't cost significant monies are the Pelican Bay Post, the PBSD website, which right now is virtually non-functional, but Mr. Petty has taken on as a task to get it updated, including the ability to post something like this on it and get answers. We have up and coming, towards the end of this year, a Clerk of Court mailing because there are some Board Members whose terms are expiring and there will be a selection process in the December/January time frame. I took at shot at this last year and we could not get past the wordsmithing on the questions and I gave up. We are starting a little earlier this year and we can set up to collect responses by either snail-mail, if someone is willing to invest $.37 in a response; email or telephone. Mrs. Smith has already told me that she would be more than happy to take telephone responses to specific questions, such as Question One, Answer "A". Through the interactivity that is going to be built into the website, if we choose item #3 on how we get the information distributed, then obviously we would encourage people to submit their answers along with their ballot if they choose to vote, back to the Clerk of Court. Using the Clerk of Court is a little more tedious, in that we need to actually get the Board of County Commissioners to pass a Resolution authorizing us to do it, but we got far enough along with it last year, that I think they will do it. It doesn't cost them any money and is something that is going to go out anyway. The incremental cost to us would be very small, compared to a direct mailing to our constituents. Between the Pelican Bay Post and our website, we have the ability to get something out there, essentially free. Mr. Sutphin continued, "I proposed four questions that cover two basic areas". The first is our favorite and most contentious area of spending, security. I thought it might be interesting to start with just a general question of, "Where do you feel the safest, Park Shore, Pelican Bay or Pine Ridge"? Pine Ridge being an upscale community that has no incremental security beyond 422 -'~"-"'-'--~'"'-'~''' ""_."~"~_""";;_''''''~_'''''"__......_,,_....._,_.. ,"'_; ~. ft-.....""" ,.~ _""",,""'_"'._'i>' ,.. -__,....'-,,,"'.'e.__,,____,~_...,""~...,_.,~_,..,_~,,~,,_,'""'""'.~",,,,__"___,_" 16' 1 Budget Sub-committee September 21, 2005 the basic County Sheriffs Department. Pelican Bay that has historically spent money on supplemental security and the City of Naples, Park Shore, which has a dedicated police department. I have no idea how those answers would come back. Mr. Mathias asked, "Would you give them an option "0", which says I don't know, or do you want to force them to choose one of the three provided"? If you leave it as is they are going to answer one of the three, so you are going to get an answer. Mr. Sutphin stated, "We could certainly include, "none of the above" in all four of these questions". Mr. laizzo stated, "I would want to put the City of Naples in there also". Mr. Sutphin replied, "Park Shore is the City of Naples and I chose it for a reason". Number one, it starts with a "P" and I thought it would be nice to have Park Shore, Pelican Bay and Pine Ridge. It is an upscale community and is a mixture of condominiums and single-family homes that have a lot of demographic similarities to Pelican Bay. I picked Pine Ridge because it is close. Everyone knows where Pine Ridge is and if thieves tend to go there, rather than here, it might tell you something. Mr. Mathias stated. "Not that you have to adopt these, but my feedback would be add a choice "0" and say, "I don't have a clue". In other words, I don't know and have no opinion and for "C" you might want to say Pine Ridge Estates to add more clarity. Mr. laizzo stated, "This also assumes that the people who respond have lived in Park Shore and Pine Ridge". Mr. Mathias replied, "No, you are gauging their perception". Mr. laizzo stated, "Then put it down as their perception". Mr. Mathias replied, "I believe, "In your opinion" is a good question". Mr. Petty stated, "The intent of this, if I understand our conversation, is to get a better feel for the pulse of the residents of Pelican Bay, with regard to what their issues are with the budget and how we spend the money". We had talked about the issue of how you word some of this. It may be that with the issues of safety and security and the text coming in with people having various opinions, we may want to get simpler versus more complex. Instead of adding line items, 423 -"~''''. ..., ","~-",~-"",^"""""",-,-,,,,,,-~--;;,,;.,,"~,'''''''''',"'~-,,,,",,,,'' ---,-""'.- -.'.\ ",-,"--,,"--,",-,~,.," . ~~~-- .. .. .., ..~ """"""""""'~""--"' ~,_.,--_. 1 61 1 Budget Sub-committee September 21, 2005 maybe we put the issue of safety and security, along with the other duties that we have and ask the residents to write them in their order of priority. Mr. Sutphin replied, "At some point I would like to do that, but the security issue has been a singular "hot button" item for the five plus years that I have been on the Board, almost to the point of being irrational". Mr. Mathias stated, "To Mr. Petty's point, that might be a vocal minority". Mr. Sutphin stated, "I was very careful in the way I phrased question #2". What you hear when someone gets up in these meetings is, why are we spending $500,000? That is like asking why is Collier County going to spend $50,000,000 for a zoo? I don't think that is the issue. Simplistically, what I am saying here, is that the average Pelican Bay homeowner, and we use $500,000 taxable value as the median cost, spends approximately $5.00 per month for security. That is what people get up and rant and rave about. I would like to know if they favor spending $5.00 per month, do they want to cut it back to three deputies and only spend $3.00 per month? That is the cost of a Big Mac. Do we want to do away with it completely and save the cost of a super sized Big Mac with a Happy Meal on the side? That's what we are talking about. Mr. Petty stated, "There have been two issues brought up". One was that we have been charged with not responding to the needs of the Pelican Bay residents; we are not hearing them, hence, the need to check the pulse of the Pelican Bay residents in regards to what we are doing. Mr. laizzo brought up that he would like to see additional parameters added, when we go to additional services. Mr. laizzo would like to see something akin to a referendum, without possibly being that expensive, but some way of polling the people to get positive responses before adopting such a service. Those are two different levels of communicating with your residents and finding out what they would like you to do as their representative. As a representative, you have to make a decision whether they talk to you or not, and providing those services is what this Board has decided to do in the best interest of Pelican Bay, based on what they have heard to date. When people ask why are you doing this, it is because that is what we have been charged with doing and our responsibility, but we are ol1en to comment at all times. I think there are two 424 ,--......,-=",.~----,-- ".......""'----"--,-,---"'"......_.--~.,-....."-;"',--",......._-'-"""'".,.""""""~,,','; ._,>~",.."'w.,..'.,,.~"',..,;,__'.~__ 161 1 Budget Sub-committee September 21,2005 issues. One is if we are going to get into specificity about any particular service we have, I think we are going to get contentious. The more we add specification to it. Mr. Sutphin replied, "I agree with you". Mr. Petty stated, '" think your main objective here is to gauge the pulse of the people of Pelican Bay and then focus on how we ask them questions, to whatever gets the best response in the future". If it turns out that they focus on our website, then let's focus on that. Mr. Sutphin replied, "I agree and we will get back to that in a minute". I have a third objective here and it is kind of sinister, if you will. I have a feeling that even with simplistic questions like these, the rate of response is going to be surprisingly low. Mr. laizzo stated, "Give it a chance". Mr. Sutphin stated, "I would propose, as an example, if we use the Pelican Bay Post, which is free and they do print what we ask them to print. to print the same thing in three or four consecutive issues". Even people who don't read it all of the time will probably see it once in three or four consecutive issues. Mr. laizzo stated, "Or possibly hear it from their neighbor". Mr. Sutphin stated, "I was delighted when Mrs. Smith said she would take responses over the telephone, because they don't even have to write anything". It they are email illiterate, all they have to do is pick up the phone and call Mrs. Smith and she will take their answer. I can't think of any way to make it easier. That also argues the question to keep it simple and the caveat will be that if you want to amplify your answer with a couple of paragraphs of text, Mrs. Smith is not going to take dictation over the phone. You will either have to write it down or send it by email. Every Board Member will receive a copy of every written response. It does not say that every Board Member has to read it, but they will receive it. Mr. laizzo stated, "Could it be posted at the next meeting, rather than everyone receiving it separately"? Mr. Sutphin replied, '" wouldn't propose putting four hundred responses on an agenda, if that is what it turned out to be". The response is to Mrs. Smith, who will collate them. Anything beyond an "A, B, C, or 0" will get sent to every Board Member, just as letters from residents who 425 ___"_~_'__"'''Iilr", I , "-""","~"<",,,,""~,,,,,,-,,,,",,,>,.,,",,,,,_..,,,,,-,--,_....,",--,-,'. 1 61 1 Budget Sub-committee September 21, 2005 write to the Board are presently disseminated. They very seldom appear as an agenda item, but they are distributed. Mr. Sutphin continued, "The second question was a simple, in general, what level of spending are you comfortable with for community beautification"? It is our largest single area, non-capital, expense. Again, I used the monthly expense approach of which area do you think appears better and you don't have to live here to answer that one. The choices are Park Shore, Pelican Bay and Pine Ridge. I would be very surprised if Pelican Bay did not come out on top, but who knows, there could be people who think that Park Shore looks better. The fourth question, it costs approximately $20.00 per month per homeowner to have Pelican Bay look the way it does. In your opinion, is that not enough, about right or too much? Mr. laizzo stated, "I see nothing wrong with that, however, this Board has the responsibility of maintaining and preserving this community, end of story, simple as that". Any time we go beyond that, to enhancement or beautification beyond norm, that is when you want to get the word out in the Post and in your write-ups to tell the public this is what we are going to spend, do you care to spend it? Give the residents ninety-days to respond. Mr. Sutphin replied, "What is the norm"? Mr. laizzo replied, "The norm is maintaining your lawns and shrubs; all the things that we basically do". Once you go beyond that is when you want to pulse the community. Mr. Sutphin asked, "You don't think it is necessary to question the single largest expenditure in our budget"? Mr. laizzo replied, "That is questionable", If is outside of the mandatory or essential level expenditures of this Board, that is when you need to go to the community to ask if you want to continue spending this money or would you rather do something else? You need to give them some options, such as private security, or Collier County Security or no security. Make it simple. Mr. Sutphin replied, "That is what I did in question one". Mr. laizzo replied, "Yes but you are talking about Park Shore". We don't know what kind of security they have. Mr. Sutphin replied, "They have the City of Naples Police Department". 426 '"','-_......_..._"._--....,._-,~-"',--,~,---".""'"""",.,_............_.. " ....____,_'_'1.... ..,........".. ,,,,,,,,,,"""""',,,,,,,,,..-.. 1 6/ 1 Budget Sub-committee September 21, 2005 Mr. laizzo replied, "Okay, then let's say it that way". Mr. Petty stated, "I am going to recommend that we not get into the specifics, but more into generalities". The residents are not capable of comparing private security to the Sheriffs Office. They have no statistics. Mr. Sutphin stated, "The issue of private security came up a year ago". I take the position that we are in the public services business. If the community wants private security, they have a master homeowner's association that is perfectly capable of hiring them. We either provide public security, if the residents want it, or we don't. Mr. Petty replied, "That is my point". In a simpler format you ask them if they believe that security in Pelican Bay is good at its' current level, should it be increased, should it be decreased and what is that on a priority to landscaping, street lights, signage and the other issues that we have? Mr. Sutphin asked, "You would not attach a dollar figure to it"? Mr. Petty replied, "No sir, I wouldn't and there are a couple of reasons for that". We provide a service for police patrol based on our interpretation of what the residents wanted, which was increased security. As stewards of the public trust, we went out and found the best one we felt was available, which was the Sheriff. That is what we are supposed to do. You can't have each resident go in and negotiate with these public and private agencies. It has to be done by the representatives and that is what we have done. Now, are you satisfied with that or would you like to see more? Those are questions on a poll, where somebody sitting all day filling out forms can skew the answers. One angry man can fill out a lot of responses. Whatever comes in, you are going to have to take with a grain of salt anyway. We are trying to get the pulse of Pelican Bay in response to what we are doing and to give us further direction, not for this year because that is already set in the budget, but for forthcoming years. What is the best medium to talk to the residents in, other than the networking that you already established as individuals? Therefore, if you ask simpler questions such as, do you like the landscaping as it exists or would you like to see it increased, would you like to see more flowers? Simpler questions can give you a much stronger response and I believe that is what you want. 427 -,,~~. _....._,;...-~...---""'..._.- ._-----,,-- ""~ "1".........__...................."'""""'_."",.."",....... ~",.._-"____.___;...,,..,.".,___,_."M.~......__,_._~,,_"~~__._~"____AA.~. 161 1 Budget Sub-committee September 21, 2005 Mr. Sutphin replied, "I don't disagree with you on the landscaping issue". The reason I feel very strongly that the security issue should have a dollar figure attached to it, is that it has gotten so much rhetoric in this room, that I do not think that the average homeowner understands it costs them a great big $5.00 per month. It has almost been irrational that the Sheriff's deputies are a waste of money, that we are spending a fortune and they are never here, which is not true. They can be called out of Pelican Bay on an emergency, which is true and is why they are public law enforcement people. Mr. Mathias asked, "This Budget Sub-committee is not making the decision to do this, are we"? We are just making the decision to submit to the Board for their concurrence, or am I wrong? Mr. laizzo replied, "We are going to make recommendations". Mr. Spanier stated, "I think that there has been some very good work put into this and the underlying notion that government by referendum is a very intriguing one". It seems to me that if we want to tap into the pulse of the community in a more meaningful way, we are overlooking a very important tool in the organization within our community of the condominium associations, homeowner's associations and the President's Council that tries, periodically, to inflate the thinking. It seems to me that it is the habit of people who live near each other, to talk about "gee isn't this terrible, wouldn't it be nice if". These matters come up, or can come up, in the regular meetings of groups of owners. I think that a more practical system, that would have more substance and continuity in providing us with more viable insights, would be to work on a simple system of setting up a regular communications dialog, with the heads of these associations. If periodically, for some reason, we wanted to conduct a referendum with the residents, I think I would distribute questionnaires to the associations and give them the responsibility of following up and returning the viewpoints of the residents. Mr. Sutphin replied, "In a perfect world, I think your suggestion has a lot of merit". First of all, your suggestion would require the commitment of an individual on the Board to become the communications champion and get it done. If I can just use as an illustration, the time we have spent talking about two relatively simple questions in the Pelican Bay Post, it could take years for 428 -'--~''"--->-'-~~'''''''''-~-~-'-'-;''''''--''"''''''-' - "",.."---..-,-.-.,,.., .,..,,,,,,,,,- "~___",,______~~~....e."4._,...~~~~".,.,"_"'_~ 1611 Budget Sub-committee September 21, 2005 the Board to agree on the size of the piece of paper and the wording of the questions and how much notice to provide. If someone wants to take the initiative and become the communications champion, I would welcome the input and you sound like as if you are up for the job. I would welcome the input. Anyone who wants to volunteer for anything can do so. Mr. Spanier stated, "You have to bear in mind that whether we go the route of a questionnaire and throwing the burden on our office staff of counting responses, or go the route of sending out a communication to the individual groups of homeowners, the burden of administration follow up is going to be in the office". That is where it is going to be. A member of the Board can oversee the process and collate the input for Board consideration. I redirect your attention to the point of view that many of us had on the survey conducted by Mrs. Bush and how unreliable we thought those results were and whether we thought they were representative of anything and the embarrassment and controversy that it caused. I do believe we have, at the head of each of our condominium and homeowner's associations, volunteers who are motivated to deal with issues that affect their neighborhoods, which is what we are talking about. Mr. Sutphin replied, "I don't disagree with you". I guess you have collectively talked me out of this". Mr. Burke stated, "I wouldn't see this as asking the people what we need to do". This, to me, is getting a sense of the community. Let's say that we do get 500 responses to the safety and security issue, we have that to use when we get into the next budget planning process. Let's suppose that we get a sense from this that the people that did respond are okay with what we are doing now, most of them are going to say they feel more secure in Pelican Bay. They are not going to say I live in Pelican Bay, but when I want to feel secure I will drive over to Pine Ridge and sit there. That sets them up and when they come to the safety and security issue, maybe they say that is why I feel secure here. I think you need to put the dollar figure in there because that $550,000 figure is whipped and there are a lot of people today that swear by it. The Sheriff is never here and I am paying $500,000. When you get it down to the fact that I am paying $62.60 per year, or $5.00 per month, maybe it is not too bad. You have two, three or four very anti-PBSD people active in the community. They had an agenda item on there where they 429 d'~~._"__'>'_'__"___''''''''__'''______'_"lIll''____';~'"';'''''''''-"'''"',"""",,,",_~__""__'___~.." ,-,.__..,..,.~-,,,--...~--~ 161 1 Budget Sub-committee September 21, 2005 wanted to get in here and rip us a new one. They got on the phone, called their troops and each of them got four or five people to show up. That packs the room. If we put security on the agenda, we know this room would be packed, but it is the same people over and over. You could almost put their names on a sheet of paper. Mr. Burke asked, "How does the average person in Pelican Bay even know we are having a meeting?" Everyone should know by now that we meet the first Wednesday of every month at 3:00 P.M. How do we publicize our meetings? They pretty much have to seek us out. Mr. laizzo stated, "Mr. Domenie covers the issue in the Pelican Bay Post and whenever the Post is published it is there". Mr. Sutphin stated, "I have some thoughts on that and I was going to get to that". The first step is the revitalization of our website. As I said earlier, Mr. Petty has committed to get the website updated and moving forward, so that we can not only post real time communications, but use it for interactive communications. Something that I have called to some people's attention is that Bay Colony has started a weekly email newsletter update. I guess Bay Colony is atypical because we publish an annual directory that requests people to send in their address, phone numbers and email addresses, they have an email mailing list that reaches something in excess of 60% of the community. With the push of a button, you have something that reaches 60% of the community. I emailed the Foundation and asked them if they had such a database and believe it or not, they do not. I was appalled to find that out, but it is true. I have asked Mr. Connell if the Pelican Bay Property Owners' have an email database and he does not believe they do. Mr. Burke stated, "Even the President's Council emaillist is updated". Mr. Sutphin stated, "I believe that over time we could accumulate an emaillist by starting with the Pelican Bay Post, asking people to join a list by simply emailing Mrs. Smith and you will be on it". As the list grows it becomes an increasingly viable way to get the word out". It would take Mrs. Smith all of thirty seconds to send the agenda for a Board Meeting to everyone who has sent an email address in. That is the world we live in and shame on us if we don't take advantage of it. If we want to solicit community input via an interactive website, the tools to do 430 _.-.... -.-,. :>:,. .....''''"'''' ----'"""""_..."'~ .._,._-_.._---.~""."........_~-_.>-,-_. 161 1 Budget Sub-committee September 21, 2005 that can be built into the website, it will tabulated for you and once you have it up and running, it is free. Mr. Petty, am I right? Mr. Petty replied, "Not quite". None of that would be free. It all requires work and all requires maintenance and there are fees for everything. Each member of this rather large Board has these tools to currently work with; their existing network of friends and family who live in Pelican Bay, any community participation that they do through a homeowners association or other projects within Pelican Bay, which I understand are considerable, information dissemination, which is through newsletters, public hearings, public meetings and other such mailings that the Board might provide from time to time. Other tools that you might want to add to that are emails, surveys and polls. There is no magic bullet in any of this. If you wish to look at additional ways to talk to the residents of Pelican Bay, because you feel you have some room to improve, you may want to consider the options you have brought forth, but they will not supplant your existing tools, they are additions to. A survey cannot take precedent over what you know in your conscience to be right, nor can it supplant what you know from your own network. The survey is not going to come in with a 100% guarantee that this is what the people want. We don't have that technology available to us, nor do I think we are asking that for all issues, that every one of the homeowners has to vote. Keep that in mind, that it is an additional tool and you would be improving your additional tie-in to the residents and there are costs associated with all of these. Mr. Burke stated, "Along that line with landscaping, if it came back that the sense of the community was I like what you are doing and don't be afraid to spend more if you have to, we have that in our back pocket and know that the community is supporting what we are doing". Along comes a project like the East of The Berm Project and we say we need to do that. The community is saying do more, do it better. We could then go out to the community and say we are looking at doing the following things east of the berm, we need your input. You have told us you want us to continue to upgrade the community and we are going to have a meeting on the 3rd, come in and talk about it. Do something to spike them up and get them in here. 431 ... '~'---"-"-_.'-"""'___"'-"_'_""""'__'__OI'iI',;i~_"'" """'_'~-"""""'M"!li_....__.....,_"_,,,,,...,,..;_~_.,,,,,..._.j,~,"_,,,_,,.......',.'~__.".~.._"~"~",",..,,N ^ ...,,---_."'...-.,.'.-...~-~~"..........-- 161 1 Budget Sub-committee September 21, 2005 Mr. Sutphin stated, "I keep getting back to the website, it would be nice that for a project like that there was an artist's rendering on the website, as to what this might look like when it is finished, or to get back to something that was aborted a couple of years ago, the infamous Oakmont Lake Project". I keep getting back to websites and email, because in spite of what Mr. Petty says, compared to other means of communications, they are the most cost effective way to get to the largest number of people, if you can get people to go there. I have probably gone overboard. I resent things that come on hard paper and envelopes and I tend not to look at them. I read more junk email than I do junk stamped mail, because I do not have to tear it open and unfold it and I don't accumulate a trash can full, I just click and it is gone. If I want to respond it is easy and it takes all of the pain out of it. Mr. laizzo stated, "Pursue the email idea". Mr. Sutphin replied, "Yes, but that is going to take time and could take a couple of years to build up a meaningful email database, but we have to start at some poinf'. Mr. laizzo stated, "Start at ground zero". Mr. Sutphin stated, "The other reason I really think we need to get the website up to snuff, is that as part of the paperless communications program that this Board approved, we committed to have all documents available on the website and we haven't done it. You can't go to the website and look at the last Clam Bay Annual Monitoring Report, it is not there. The Board passed a motion that we were going to charge $200.00 a copy if someone wanted it, but they could get it free if they went to the website, but the reality is that they can't. We did not follow through on our commitment, so we are in violation of our own covenants. Mr. Sutphin continued, "To be honest I included the second question on landscaping only because I did not want to have a one question survey". I personally feel that the security issue has been a "hot button" for five years, for all the wrong reasons, and that we ought to take another shot at getting some real input, in whatever manner the Board chooses to do it. Mr. Carroll, before you got here I pointed out that a year ago we almost got a questionnaire out, but the Board got hung up on wordsmithing and the deadline passed and it didn't get done. Maybe this year we will have better luck. 432 ---.---....-----.- , .-,,--..--..... 'll'l', lillO" .__.._."....._'''''....___,_."......"~.<,..._...-._,_"..'"'_.._..,_....._......""._,_'"',..,~._",",~'"."".,.,.__....__.,~~.._.__~__ 161 1 Budget Sub-committee September 21, 2005 Mr. laizzo stated, "These questions are good, but in question four I think all you need to say is, I favor increased spending for landscaping and beautification". You don't have to go beyond that. The same applies to the second question, without getting too wordy. You only need two sentences, and then we have something to work with. SUB.COMMITTEE REQUESTS Mr. Sutphin stated, "My last item is a request for Ms. Smith". The Fiscal Year ends at the end of this month. Ms. Smith, for the Board Meeting on October 6th, if you can, I would like to be able to show year-end un-audited Operating Fund Balances, which in essence, are going to tell us how much we under spent the Operating Budget for the Fiscal Year. Historically, we have been under spending by approximately $200,000 and my guess is that is where we should come in again this year. Ms. Smith stated, "Mrs. Smith gets the packages out on the 30th". Mr. Sutphin replied, "I don't need it on the 30th". I would like to have it for the Board Meeting. Ms. Smith replied, "I can do it as a handout". Mr. Sutphin replied, "That is fine". In November, for the Board Meeting, we will have a full report on the Fiscal Year ending September 30th. Mr. Carroll asked, "Was there any discussion about the Monday Meeting where there were a great number of words around the fire department's charge of 1 mil and the pursuit by some members of City Council to ask them to identify the incremental costs of serving Pelican Bay"? What was being pursued was that Pelican Bay is funding a good portion of District 2 fire protection and if they were just in Pelican Bay serving us, what would it cost? The fire department could not answer that question, or didn't want to. They finally ended up committing themselves to trying to produce some study as to what this hypothetical thing would be. I don't know where that is going to go, but that seemed to be the most contentious and lengthy discussion of the entire two-hour meeting. 433 ___"~,.."........____._...,"""""'_'_,...,..,.-.....""""___"'_____....,',__.,,"__~...._,_._'........_,~_,______"",,,,,,,,,,__,,"',_<_,,,,,,,,,"",,,,,,~,__,,,,,,,,,,,"..q.~.^ ",",."_,.'.,."...,_.,.,..w,,...,.,....~_~_,_~ 16/1 Budget Sub-committee September 21,2005 Mr. Sutphin stated, "I thank you for your input, but that is outside of the scope of the purview of this Sub-committee and I would submit, outside of the purview of the PBSD Board". It is interesting. Mr. Carroll stated, "I don't know whether that cost factor interacts with us or not". Mr. Sutphin replied, "We are not in the fire protection business and I think it is a separate issue from anything to do with the Pelican Bay Services Division". ADJOURN There being no further business the meeting adjourned at 4:00 P.M. Mr. Chris Sutphin, Chairman 434 ,..,.^..,."'..____..__,_"..>_....,___.-_..~_~.;."",..~~..,,.,,"'''w_."_,~"".Bl""""'..,.'"..._""",....,,___""_.....,_.......-""""_ '"*..._""""""'~,..,."'_.~" M.._^......,,~._""'._.__._~..__"____.,..~.__~.._ 1611 MINUTES BUDGET SUB-COMMITTEE February 15,2006 Naples, Florida LET IT BE KNOWN, that the Budget Sub-committee of the Pelican Bay SelVices Division Board met in Regular Session on this date, February 15, 2006 at 3:00 P.M. at The Commons, 6251 Pelican Bay Boulevard, Naples, Florida 34108 with the following members present: Mr. Christopher Sutphin, Chairman Mr. Matthew Mathias (Absent) Mr. John laizzo Mr. David Nordhoff ALSO PRESENT: Five (5) residents and two (2) members of the Pelican Bay SelVices Division Board; Mr. John Petty, Division Administrator, Pelican Bay Services Division; Mr. Kyle Lukasz, Field Manager, Pelican Bay SelVices Division; Ms. Jean Smith; Operations Analyst, Pelican Bay Services Division; Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of Minutes of the September 21 , 2005 3. Audience Participation 4. Fiscal Year 2007 Capital Project Review Carryforward Projects - Funded Carryforward Projects - Unfunded New Projects 5. Fair Share Program Update Status Next Steps 6. Alternatives to Rebuilding Uninsured Asset Reserve Update Status of Credit Facility What do we want from the Pelican Bay Foundation? 7. Committee Requests 8. Adjourn ROLL CALL Mr. Sutphin called the meeting to order and asked that the record show all members present with the exception of Mr. Mathias with an excused absence. APPROVAL OF MINUTES OF THE SEPTEMBER 21. 2005 MEETING Mr. laizzo moved, seconded by Mr. Nordhoff and approved unanimously. the Minutes of the September 21, 2005 Meeting. AUDIENCE PARTICIPATION There were no comments from the audience. 435 - - - ..,._.,-,,--~--~. ~ , TI'll .. or- . W I ij... _.,,'_.~""'~ Budget Sub-committee Meeting 161 1 February 15, 2006 FISCAL YEAR 2007 CAPITAL PROJECT REVIEW CARRYFORWARD PROJECTS - FUNDED CARRYFORWARD PROJECTS - UNFUNDED Mr. Sutphin stated, "For the Record, we are slightly behind the planning and budgeting calendar that the Board adopted for putting the budget together". I believe that part of it was a subconscious desire to get the annexation issue behind us before we moved into the budgeting process, which was compounded by my being out of action for about a month. I will ask your indulgence in trying to move this process forward as quickly as possible. I believe that we are approximately one month behind schedule in terms of getting things up to speed and have time to review the budget with the full Board before we have to submit it to the County's Budget Director. Mr. Sutphin continued, "At the last meeting, we started looking at Capital Projects". For this year, at the end of the day, we will have $150,000 in excess Capital Funding that has been collected over and above the net of all of the carryover that will not be spent because we are not going to do the worX and having $220,000 for the Oakmont wall work, unless we get a surprise when the actual bids come in. Mr. Lukasz, I don't know what your feeling is about where we are going to come out on this project Mr. Lukasz replied, "I think that number will be okay". Mr. Sutphin stated, 'We are going to have something on the order of $150,000 in unspent Capital Funds on the books, available to either carry over to next year's projects or to use if the Board feels there are things that are desirable to do this year, over and above what is currently planned". Mr. laizzo stated, "I think we should apply that money towards Oakmont". Mr. Sutphin replied, "Oakmont is taken care of". This is after spending. Mr. laizzo stated, "Yes, it is taken care of, but we have no money for it". Mr. Sutphin replied, "Yes we do". Without Oakmont we were approximately $370,000 over funded. Some of this goes back to Mr. Ward throwing in some enhancements to some of the irrigation projects and it is easy to blame Mr. Ward. The last guy always steals the pencils. 436 ,.,.-..,-- .... 'tT'V'<l . --."""1 ~-,...,_._.,._.- 161 1 Budget Sub-committee Meeting February 15, 2006 Mr. Sutphin continued, "The net is that when we look at aJl of the funds that have been approved, collected and deduct everything that is currently scheduled to be done, including Oakmont Lake, we have approximately $150,000 remaining". Mr. Petty stated, "I don't know that we feally have to blame anybody". Mr. Sutphin replied, "' meant that facetiously". Mr. Petty stated, "The Capital Projects that we have existing are father lengthy". There are projects that are out there that we know we have to do, they are just not immediate and we have to address them at some point in time. One is the irrigation upgrades and there are several other projects out thefe as well. We put the Oakmont project out there ahead of everything else this year because of resident's concern for its' current condition. Because of the Oakmont Lake, we have stopped the other Capital Programs as well, until we get the bids in. We are holding all of our funds with Oakmont being the priority. The fest of the yeaf is upon us now and if anything comes up fine, if not, here is what the picture shows. Mr. Sutphin stated, "There is approximately $150,000 that the Board can consider spending this year, either by accelerating something that would normally have been done next year, or looking at something new". I have one potential small candidate fOf some of those funds that I will get into in a few minutes. That is how we will end the year if nothing changes. NEW PROJECTS Mr. Sutphin stated, "We asked for suggestions from Board Members for new Capital Programs and we have a list that was reviewed briefly at the last Board Meeting". Mr. Sutphin continued, "The first project is street lighting and I think we got into a discussion that essentially says that we are locked in terms of the number of poles that we can have, without looking at major expenses". Mr. Petty stated, "There is not really a simple option to be chosen to see if it is better or worse than our current condition". Our system has already put in the few options that it can and the pole spacing and design is fIXed. Mr. Sutphin stated, "I did something a week ago that I have not done in a long time". I went to a concert at the Philharmonic and instead of taking US 41 home, which t usually do, I 437 __~_"".._I\llo_,__.........-""., -~ _.,,""'k_~_."~~ 161 1 Budget Sub-committee Meeting February 15,2006 took Pelican Bay Boulevard home. I looked at the street lighting along Pelican Bay Boulevard and from my perception, and this is at night, the problem is not the street lighting, it is the landscaping. There are poles where the light is completely obscured by the palm trees and is nothing mOfe than a spotlight shining down on the street. I am not proposing that we kill all of the trees, but the trees are now impeding the effectiveness of the street lighting that we have. I think that we need to look at what it would take to prune back trees that are obscuring the street lights. Mr. Lukasz, you almost have to get out there at night to look at it. In some spots it is very bad, where the light is almost non-functional and is surrounded almost 2700 by trees and the light is not diffusing the boulevard at all. It is just shining down on a very small spot. Mr. Petty stated, "From its' first days here, the system was supposed to be an understated lighting system, by design". Over the years we have pumped up the wattage as people have asked for more lighting and less understatement. Our lights have changed to metal halide, which is a whiter light, versus the amber light of the sodium vapor. I think what you are talking about now, is what we discussed at the last meeting, that for our Capital Projects do we put in a dollar amount where we can have a lighting engineer evaluate the system and come up with suggestions, based on the existing design? There feally is only one lighting engineer in this two or three county area. Mr. Jeff Hassell is the lighting engineer and is the person who did the design for Pelican Bay. Mr. Sutphin asked, "Mr. Petty, do you have any idea of what that study would cost"? Mr. Petty replied, "Mr. lukasz has talked with Mr. Hassell and believes that the figure of $25,000 is more than enough to compensate for any study that he would want to do in Pelican Bay". Mr. Sutphin stated, "I would suggest that you prepare a proposal for the next Board Meeting, to authorize that study". Hopefully the Board will approve it. Mr. laizzo stated, "Before we go there, why don't we get those trees pruned back". Mr. Petty replied, "Palm trees cannot be pruned". Mr. Sutphin stated, "I would suggest that for anyone who wants to observe this phenomenon that they go down Pelican Bay Boulevard at night and look at where the palm tree is 438 ~- _...."~. .._-~,._".._- ---_..."._~_. ." Budget Sub-committee Meeting 161 1 February 15,2006 now up at light level". It is not a question of pruning the palm tree; the tree would probably have to be removed or the light has to be moved. Mr. Petty stated, "If we have a cluster of eight palm trees, we may want to move the light ten feet". If it costs $25,000 to have a light study done so that we can have the facts and options available to us for all future questions, of course we should do that. We need a status of our existing condition done by somebody who has the light meter and knows his profession and can say that this is only giving you one-third of the value that it is supposed to, because of landscaping, etc. Mr. Sutphin stated, "As I am looking at what can realistically be in next year's budget from a Capital standpoint, even if we engage a lighting consultant, we will not have a definitive proposal to include in next year's budget. This will probably be in a budget for Fiscal Year 2008 or beyond. Mr. Petty stated, We can certainly address a landscape maintenance issue in next year's budget" . Mr. Sutphin replied, "Yes, but nothing major to do with the street lighting". Mr. Nordhoff stated, "The $25,000 would be out of this year's budget". Mr. Sutphin replied, "If the Board feels that it is worth doing, I believe the recommendation would be to use $25,000 that we have". Mr. Petty stated, "Whether it would be this year or next year would be up to the Board". Mr. Sutphin stated, "Let's take a look at what is involved, the timing and whether there are any other alternatives to this one lighting engineer". Mr. Petty replied, "There really are not". Mr. Hassell's schedule is rather tight because he is one of the only certified lighting engineers in the area. Mr. Nordhoff asked, "Can you check to see if his schedule would permit doing a study this fiscal year? Mr. Petty replied, "We will be glad to". Mr. Sutphin stated, "That way we will have a recommendation at the next Board Meeting" . 439 ~_~__,__,_~.__~_.~,_..",~v~~_,____._"_,~__......" -__'._"1 -'I" ~______.~>,._"-,.,--..._,_.,... Budget Sub-commiUee Meeting 161 1 February 15, 2006 Mr. laizzo asked, "Was there ever an evaluation made on each and every lamp to see if we can improve anyone of the lampsU? Let's start there first. Mr. Petty replied, "That has already been done". Mr. laizzo stated, "If so, I haven't seen it". Mr. Petty stated, "Mr. Hassell has submitted that to the District in year's pastu. They probably reside somewhere down in the County archives. I have seen the blueprints and you should be able to get a copy of the blueprints from Mr. Hassell. Mr. Hassell has given some of the data to Mr. Lukasz and we have gone over that at staff level. The data is there, it is available. We went from the 175 watt to 250 watt along Pelican Bay Boulevard and in single family we are now up to 100 watts, versus the 75 watt bulbs that were there before. The wattage has been pumped up as far as the electrical components can currently carry, without changing out the electrical components. Again, the spacing of the poles is going to be the major issue and you are not going to be able to up the brightness without having really bright areas. Mr. Sutphin stated, "I would almost bet that if you took all of the trees out, which I am not proposing, you would get complaints that the lights are too bright". The areas where there is not a lot of landscaping in the medians, there is a lot of light on Pelican Bay Boulevard. Long term, what I think we are probably looking at is a balance of natural daytime beauty, versus effective street lighting at night and there has to be some compromise reached. I am not prepared to even speculate what that might be at this point in time. I do think that we need a professional to take a look at it. Mr. laizzo asked, "Do we have an evaluation that says that the lighting in inferior and could be dangerous to drivers"? Mr. Petty replied, "No". There is no such report. That would be a personal opinion. There is no scientific study that says that it is dangerous or not dangerous. Mr. laizzo stated, "I think anybody could go down the road and make that decision on their own". Mr. Petty replied, "It is a personal perception". Some people see better at night with a great deal of light and for some people the light hurts their eyes. 440 "~--'---"- ... * ""t'-__ c.40..4_ ._...._,-..^'~ Budget Sub-committee Meeting 1611 February 15,2006 Mr. Sutphin stated, "From a common sense standpoint, what is probably dangerous is inconsistent lighting, which is exactly what we have". You go from areas that are quite bright to areas where there is almost no light, in the space of 200 yards, and your eyes do not adjust that quickly. Mr. Steve Seidel- San Marino - "Are you getting a lot of complaints about the lighting"? Mr. Sutphin replied, "No". This was a suggestion by our Chairman and another Board Member to take a look at improving the lighting on Pelican Bay Boulevard. There have been some individual complaints about specific areas of Pelican Bay Boulevard. Mr. Carroll stated, "I can campaign a little and get a lot of complaints for you if you need that in your database". Mr. Sutphin replied, "Probably not". Mr. Seidel stated, "I would be curious as to how the public would feel when there are a very limited number of people interested in this, especially when you are considering spending thousands of dollars". Mr. Sutphin replied, '" don't think you are going to see that". For one thing, it is not something that we can even consider spending money on. The system is tapped out, unless we go back to square one and completely redo the system and there is absolutely no need to consider that. Mr. Petty stated, "As a counterpoint, the District is responsible for the street lights". Do we have a great deal of complaints over the years? We have had enough of them to ask this question of ourselves. Is the street lighting system functioning and are they functioning as designed and are they doing their job? The answer can be determined by the person who designed it, because we are not lighting technicians that can say the number of lumens designed are the ones that are hitting the ground. That is why we are asking for funding so that an engineer can say that your system is operating at 100% efficiency per design, or your system is operating at 50% of capacity. We are looking for that type of evaluation so that we can respond to those who have asked, is the street lighting system working right because it does not appear to be? I am going to tell you over my history of Pelican Bay, which goes back to 1982, this will be 441 -.-. .... -- """' , - '_~__K"_..'...__. _ Budget Sub-committee Meeting 161 1 February 15, 2006 approximately the third time an evaluation has been done. It is probably time to do one again. It has been approximately thirteen years since Mr. Hassell was asked to measure the performance of the system and provide us any report. I believe that it is about time for us to get an evaluation because it is our responsibility. It is not like we are trying to redesign the poles and get ornamental poles. This is trying to evaluate the performance of the system. Mr. laizzo stated, "It might just be time to replace the total cap and glass". Just replace the entire top. Mr. Burke asked, "In the last few years didn't we do some selective tree pruning around certain lights"? Mr. Sutphin stated, "I can tell you that there are light poles out there that you might as well take down, with the number of trees that have grown around the bulb". I think it is going to be a combination of selective pruning and possibly moving some palm trees. It is a lot cheaper to move some palms than to move a light pole. Mr. Lukasz stated, "It is a balance between the look of the landscaping and the brightness of the lights". Mr. Sutphin stated, "The street lighting is bright". Mr. laizzo stated, "I feel the fIXture needs to be cleaned or replaced". That ought to be looked into first. Mr. Petty stated, "That is why we are looking for an evaluation by the engineer". Mr. Sutphin stated, We will have a proposal at the March 1st Board Meeting". Mr. Petty replied, "Yes, the Board did ask us to come back with a proposal". US 41 BERM BIKE PATH Mr. Sutphin stated, "The next Capital Program that was suggested was received from Mr. Petty for a pedestrian/bike path on the US 41 berm". Am I saying that correctly? Mr. Petty replied, "Yes, I just wince when you say my name behind that suggestion". I did not know that I was going to be caught there. This is an idea that came up when the folks in Pelican Bay who enjoy utilizing their bicycles were looking for a lane on Pelican Bay Boulevard to bicycle in. Because of the width of the road, you either have to designate it for bicycles only or 442 - _..~---.,-_._._-_..._.,._....--"-_.-..,_.__.~,~.,.~~*---,-~_. -~ _""'''_4,." ['~~"T~~___._ ------",-" 161 .... i Budget Sub-committee Meeting 1 February 15, 2006 leave it where it is right now with cars, because you do not have enough room to have two lanes of traffic and a bicycle lane. The pathways on Pelican Bay Boulevard were designed for just that, for bicycles, joggers and for people out for a walk. It turns out that we have a large pack of power bikers and should we have a place for such use? We thought that if we could not give them a lane of traffic we might be able to provide them with a long road to ride their bikes on. The berm is being taken up with the tram and pedestrians. The road option will always be there, but can we give them a area that is for bicycles alone, or an area where bicycles are welcome? Off the top of my head I came up with the US 41 berm and that it would be possible to put in an asphalt bike lane on the US 41 berm. Mr. Lukasz has checked on asphalt prices and I will defer to him on the prices that he as received. Mr. Lukasz stated, "For asphalt and any landscaping and irrigation modifications that would be required, for 5,000 lineal feet of bike path, five feet wide, it would be approximately $138,000". Mr. Sutphin stated, "To do the stretch between the two boulevards would be approximately two miles at a cost of approximately $150,000 a mile". Mr. Bonness stated, "From a pathway standpoint, if you are looking at traffic moving both ways, you are not going to see bikers using that area". It will tum out to be a walkway. You are going to have to go at least ten feet wide. Mr. Sutphin stated, "A pathway ten feet wide would be approximately $500,000". I would simply throw this out as something that could be done and I would really want to see if there was any community interest in spending $500,000 on such an enhancement. That is a lot of money. Mr. laizzo stated, "It is a lot of money and once you put it on US 41 it is not private any more". Mr. Sutphin replied, "Yes, as anything we do in public Iights-of-way in Pelican Bay is public domain and there is no guarantee that it's going to be solely for the use of Pelican Bay residents". Mr. laizzo asked, "How do you know how many bikers would be interested in it"? 443 "",~"__,,,,~",",,,,~,,_,",~_,,,,,,~_~'_'.""","m_,...__........"'__.,,__....___ 'I .I $.11 Ill.. 'I"r_,-"..".,^~",<..._.__ -""..,----~."-".... 161 1 Budget Sub-committee Meeting February 15,2006 Mr. Petty stated, "I agree and would be glad to put that on hold for nothing more than if there is enough interest, ever, in Pelican Bay we would have something fall back on". Mr. Sutphin stated, "There is another reason". I want to make sure that we do not repeat the Oakmont Lake fiasco again. Legally, the Foundation owns the berm, so when we are talking about enhancements on the berm we are talking about spending public funds for enhancement of private property. I am not against it, but 1 would not do it in a vacuum. This would have to be done in conjunction with the Foundation Budget and Audit Committee and, at a minimum, have their endorsement before we would even proceed to the next step. Mr. Petty stated, "The $500,000 is just a small piece". As you say you do not want to spend money on private property so the District would require an easement over the property be granted before they could do it. Mr. Sutphin stated, "The issue of bike and pedestrian amenities is a growing issue that I am sure is going to come up in the strategic planning effort that Mr. laizzo and 1 are engaged in, along with other Foundation members". It is something that will probably over1ap public and private interests and would be a joint thing if we can ever decide exactly what it is we want to do. The $125,000 per mile figure, for a five foot pathway. is a pretty good budgeting number and a nice one to know. It will probably be a universal number for anywhere we would want to get into that kind of activity. Mr. Carroll asked, 'Would you have to put lights on it"? Mr. Sutphin replied, "I would hope not". Mr. Nordhoff stated, "The residents might get upset about lights at night". Mr. Sutphin stated, "They are already going to have street lights". Mr. Petty stated, "There are all types of things that need to be considered in this type of effort". It was nothing more than if there was a large bike enthusiast group in Pelican Bay who were looking for additional facilities, other than what they currently have, this may come back and is an option to consider. Right now they can certainly take their bikes on Pelican Bay Boulevard and we hope that is sufficient. 444 _M._ ,____"'-""'__,.-.,_'~_\fIll ~ ---......-.-..- - 161 " ~ :a=t Budget Sub-committee Meeting February 15. 2006 ENTRANCE ENHANCEMENTS Mr. Sutphin stated, ~The next item on the list is entrance enhancements, which was suggested by Mr. Domenie~. Mr. Domenie is not with us today, so I really do not know what it is that he is thinking about. The entryways look pretty good to me. Mr. laizzo asked, "How long ago were those entryways put in~? Mr. Lukasz replied, "Approximately five years ago~. Mr. Sutphin stated, "I don't know if Mr. Domenie is talking about more landscaping, in terms of more color or whether he has a redo of the signage in mind~. We are going to have to defer until the next meeting when Mr. Domenie is in attendance. I am completely in the dark about what he might have in mind. OAKMONT PARKWAY LANDSCAPING EHANCEMENTS Mr. Sutphin stated, "The last item is mine". 1 know that the HMA site adjoining Oakmont Parkway Extension has been a sore subject for a long time. I guess the Foundation prodded HMA to do something about it and there is an email that has been sent to our Committee Members that says they had their landscaping service, Florida Landscape, Inc., clean up the lot. I drove by the site and it appears a lot better, but it still looks like empty land with a lot of scrub on it. The only thing that we can do and I think we should do is beef up the landscaping along the right-of-way, so that you can't see it. Mr. Lukasz, I don't know what is involved in doing that. Mr. Lukasz replied, "We can add to the Sea Grape that is already along there". The Sea Grape that are there now are on the HMA property and moving a little closer to the roadway. It is not right-of-way, but rather Foundation property. We could add another line of Sea Grape to try to beef that area up. Mr. Sutphin asked, "Do you see any objection to doing thae? Mr. Uek replied, "I believe there was some contribution made to that effort by WCI". I don't know whether we have spent all of those funds, but I do know there was an attempt to clean the area up and it did not look bad for a while. With the hurricane, the Sea Grapes got knocked around and it appears a little uneven right now. 445 .____.~_._._____,._"_,,~_...._"M.._._.~_,___,__,__~ 1oI.' . .~~.. JlIIIJII....""II'. -..u "" I"R-' ------ Budget Sub-committee Meeting 16 , 1 February 15. 2006 Mr. Sutphin stated, "If that wall of Sea Grapes were a little higher and little denser it would have some eye appeal". It would not require a lot of money to keep it looking good. Mr. Uek, would you look into this effort to see if we need to fund it? We need to get moving on it. Mr. Uek replied, "Yes, I will", Mr. Carroll stated, "At the last Board Meeting Mr. Kinney made reference to the possibility that this site had a preserve implication on it". Mr. Sutphin replied, "It does". There is some type of Scrub Oak that is in the same category as a mangrove and cannot be cut. They have cleaned the lot up, removed the trash and . considering that it is undeveloped land, it appears very nice. I think that if we can put a visual barrier of plant growth along Oakmont Parkway Extension, the people will not complain about it any more because they won't be able to see it. It is no longer an eyesore and we have the owner's attention. Let's do out part to get the job finished up and I assume if we maintain good relations with HMA they will do their part and take care of their property. As I mentioned at the last meeting, they are becoming a much bigger force in our community by taking over the Cleveland Clinic and they have an image to maintain. Let's hold them to it. Mr. Uek stated, "From time to time that lot has been for sale and people have had trouble making the cash flow work because of the height restriction, which makes it difficult to cover the construction costs". I don't know if it is actively for sale right now, but historically it has been. Mr. Sutphin stated, "At least the Foundation had them take the first step and get the land cleaned up'. Let's follow through and if we need to do something, we'll do it. If there is money available, that is even better. Mr. Sutphin stated, "For the next Board Meeting, I would like to put dollar signs on as many of these projects as we can at this point in time". There is not much here, plus anything Mr. Petty and Mr. Lukasz feel that we should be funding for next year. I would like to look at a preliminary Capital Budget at the next Board Meeting on March 1st. Mr. Petty stated, 'We were talking about a issue today that we would like to bring up at this meeting to see what type of strength that it may have", At the last Board Meeting we discussed a project that we are calling "East of the Berm". There is a Committee that has been 446 . ___~"_'_".,.."M'~"'_'___"" 'FTr"_ - .. Tn ~ . ". .,._..,'m Budget Sub-committee Meeting 1611 February 15. 2006 meeting infrequently, which I have been assigned to and is working on this project. We were out thefe today taking pictufes of the area to come up with a pamphlet for the Board Meeting and to answer questions that fesidents have about why do I look out my window and see this huge area of muck and mud flats. As we have discussed in the past, it is basically a two to three year growing period, once we have cut the channels through the mangroves to allow the saltwater back where it belongs. We have done that to help the mangroves, and this afea that you see is what we had done two or thfee years ago and it is starting to grow back. We have cleared several areas of cattails that needed to be pulled out or were dying because of saltwater intrusion. Until the soils build up this saltwater condition, the saltwatef plants that we had planted were not taking root, at least in this test afea. We looked on the east side of the berm and we have large retention areas, all diffefent shapes because we allowed the condominiums to reshape them as long as our volumes stayed the same. Those afeas contain a lot of Willows and there have also been complaints of trash collecting. We took a strong look at those areas today and talked to condominium managers and residents that we saw along the befm. This berm is one of the most prized possessions in Pelican Bay today. To let that system sit there with the tfash on one side with Willows growing and the othef side a mud flat for two Of three years may not be responsive enough for our fesidents. We talked to the condominium property managers and think that we can come up with a progfam fOf discussion at a future Committee Meeting whefe we might even be able to get some of the properties that abut the berm to join us financially in a clean up effort. Mr. Sutphin stated, "There is an old saying, "Gfeat minds think alike". That is really next on my list on where do we stand on getting the condominiums to participate in that program? Mr. Lukasz, are we talking about east of the berm? Mr. Lukasz felied, "Both sides". Mr. Sutphin stated, "East of the berm is one that is funded". Mr. Petty stated, 'We went back and looked at that East of the Berm Funding and it covered "x" numbef of feet from the berm and because OUf retention afeas afe so irregular, it does not include a lot of areas that it should". 447 . _.~..-. I.r '.1.. A_A II . 11I>'-.... '" .__._--...._c_._,.__..'.... Budget Sub-committee Meeting 16' 1 February 15, 2006 Mr. Sutphin stated, "The private property line gets in the way of getting harmonious treatment". Mr. Petty replied, "Our easement would go around that property line so we would not have any issues as far as spending money on private property". We are spending it within the District's responsibility. Mr. Sutphin replied, 'What I am saying is that if you want a harmonious look in that area, you are going to need private participation so that you don't go to some imaginary line and stop". That has been one of the issues. Mr. laizzo stated, "You are going to have to run the entire berm all the way to the Registry" . Mr. Petty replied, "Yes". Mr. Sutphin asked, "How do we get the condominium associations on board to participate in the program so that the whole program gets a harmonious look"? Mr. Petty replied, "We have talked about two options at staff level". One option is to knock on their door and market the program, walk them through the program and show them where it has already been done. The Claridge and Naples Grande Resort and Club have already done this work and there are a few others along the berm who have already completed this program. We think that there is a good chance that a marketing effort would get these people to participate and be able to get a large portion of your benn completed. You also have the option of doing the work and applying assessments to the areas that receive the benefit. In other words, if the Claridge had not done it's job of clearing out the area and it was now the District's decision to do that work on the eastern side, you could make that a special benefit area and they would pay an assessment that would pay for the cost of clearing that portion, which nobody else would be paying. Mr. Sutphin stated, "Just talking off the top of my head, I think there are a lot of areas that can be explored". It is a classic example of where we need the Foundation on board with us to take it to the condominium associations and also the power of the press of the "good guys and the bad guys", to be able to show pictures. We would utilize the Pelican Bay Post as a vehicle to 448 -"_...__._~~._----~-,~_.""..-" "lr' "..,~ ,'n,',,", Budget Sub-committee Meeting 161 1 February 15, 2006 market this program and add a little embarrassment to condominiums that don't feel that it is in their best interest to join the program. A little peer pressure certainly doesn't hurt. Mr. Petty stated, "The other side of it is that looking across the berm from what I call the freshwater side, and is the condominium side, to the saltwater side, since it is now saltwater since the channels have been cut, we have not planted anything other than what we have tried in the test area a few years ago". After going through the list of what was planted and what was successful, it appears that leather ferns are making it and may be a nice cover material to consider. Mr. Sutphin stated, "I don't want to cut you off here, but the way I look at this, when you get into the Clam Bay area, we have a committee that deals with Clam Bay". I strongly suggest that they come up with a program of what funding they may want in the budget for Fiscal Year 2007". They are the ones that should deal with this. They have the operational control over both sides of that berm. Mr. Carroll stated, "East of the berm was funded separately". I hate to throw cold water on your point because we have been working on this area for two years, but the idea of trying to get the condominiums to participate never really got off the ground. That ties into getting the condominiums to put in bubblers instead of spraying all of the water around and giving us a water problem. They seem to do nothing about that. I am not saying not to try it, but I have a feeling that the Pelican Bay Services Division and Foundation are going to have to pay for it. Mr. laizzo stated, "The other problem is that once you enhance that area you are going to have to maintain it and that cost just keeps going". Mr. Petty replied, "The resource is spectacular". Mr. Sutphin stated, "I have no clear view on how much we should spend on it". The last thing I remember is having a lady come in here with a ream of signatures from people who didn't want anything done to that area. Mr. laizzo stated, "Let's not forget that". Mrs. Rita Seidel- San Malino -"I just want to mention that the last time this was brought up there were two different sides". A lot of people did not want a manicured look because they 449 '__<V_~,_,_M~_,.,"..___~___ . .. , - . _._,-,-~,~.--,.<._<~ Budget Sub-committee Meeting 161 1 February 15. 2006 love to see the birds, etc. I have never seen so many bird watchers as are in Pelican Bay this year. Mr. Petty stated, "I am not proposing a landscape improvement program where you would put in flowers and ornamental bushes". We are talking about an area on the west side where we have cleared the cattails and it is now a mud flat. What we need to get out to the residents right now is that it is going to take two to three years for the soil to update itself to the saltwater conditions and for the saltwater plants to take hold and grow as you see in the test area. In the test area you have green cover over the mud flats. Visually, if you have water and then green, that is going to be okay. The mud flats are causing the people to ask what is going on. It's not a natural condition; we went in there and pulled out the cattails. We do that because this particular section is part of the District's water management facilities and always has been. We have always gone in there to harvest the cattails to remove nutrients, because it was a nutrient uptake zone before the water got into Clam Bay. Mr. Sutphin stated, "I am not trying to cut anybody off, but the task of this Committee is to put together a budgee. What goes into that budget is the input that we get from individuals and the Clam Bay Committee. In this case, I think that input needs to come from the Clam Bay Committee and for whatever the balance is between the do nothings and the manicured park area, let's come up with a number that we want for next year. Mr. Petty relied, We will do that". Mr. Carroll stated, "I would suggest that you define these as two separate projects". Mr. Sutphin relied, "If you go to the Capital Project list, there are two areas that are identified and there is funding in there for this year that is going to get spent". None of this applies to the rest of the benn. Mr. Lukasz stated, "There were funds in there for planting enhancements for the cattail area, but we spent some of that money for the hurricane clean up". Mr. Sutphin stated, "The forecast is for the Clam Bay funds to end up essentially with a zero balance at year end". We are starting next year with a clean piece of paper for whatever you want to do out there. 450 . ~"--'--"",".~--,,,,"---- . ... ..- ~ ~. ,- po' _T.... , ~ . ----.-.--,---. Budget Sub-committee Meeting 161 1. February 15,2006 Mr. Burke asked "What is the green growth that floats on .the surface"? Mr. Lukasz replied, "The green that floats is duckweed, but the other is Bacopia". Mr. Burke stated, "No matter what we do with the mud flats right now nothing will make it". Mr. Petty stated, "That is one of the things we talked about today". We do think that we can get the leather ferns to grow on the mud flats. We don't believe that we are going to be able to cover the entire mud flats with the leather fern, but we did notice where we could get them planted in an area high enough that they would survive. Right now it is a very large black, mucky area and there are odor problems associated with low tide and the leather fern is the typical ground cover of that area and will probably end up what is going to be there naturally. If we can intersperse the leather fern in there now, it might be a plus. Mr. Sutphin stated, "The document that we have used for the last two years as the basis for putting together the Operating Budget, is the Scope of Services document that defines by each function, how often we cut the grass and how high". I would like any recommendations for changes from Mr. Petty and Mr. Lukasz, done prior to the Board Meeting on March 1st. I would like to take the first run through of that document with the Board in March. If the Board approves it, it then goes to Ms. Jean Smith to start costing it out. That, in effect, becomes the operating budget for next year. That is for all controllable departments, which excludes security at this point. Mr. Sutphin stated, "I have two comments on security", I understand that the Sheriff is going to be presenting an option, is that correct Mr. Carroll? Mr. Carroll replied, "Yes, but I don't know what it is". Mr. Connell and I are meeting with the Sheriff and his Deputy at 8:30 AM on Friday. Mr. Sutphin stated, "I have also had extensive communications with Mr. Lickhalter of the Foundation on Security, in response to his request". The Foundation has a full time Director of Security. I am led to believe that they may be putting together a security plan for the community. Mr. Uek, do you know rt in fact that is where they are headed? 451 ... ""I ~ , .--.-." .161 '1 J" Budget Sub-committee Meeting February 15, 2006 Mr. Uek replied, We are talking about enhancing the security, but uncertain of where that is going to go". One of the concerns is our beachfront. During the middle of the night some of our beach front facilities have received vandalism, from time to time, by kids who are up to no good. The idea is should we be doing something because there is no security out there at 2:00 AM? We are having the conversation of, has the world changed to the degree that we need to pay attention to that? It is a different angle than with the Sheriff. Mr. Sutphin stated, "What I am looking for is something that looks at the totality of security in Pelican Bay and looks at the Sheriff's Department as a part of that and how much of it do we need". If you go back in history and there are people who don't understand this, the original request for the additional Sheriff's protection that we contract for, came from the Foundation. We do it because the Foundation could not contract for it legally. Then, individuals have accused us of spending money unnecessarily, but we have never been presented with an alternative. I would like to see that. We are looking at three to four months to put something together in time to put it in our budget. Mr. Uek stated, "With security you cannot see where the missing pieces are and I am sure there are missing pieces". Mr. Sutphin stated, "The Sheriff may have some proposals that we will know about by our next Board Meeting". That information will be conveyed to Mr. Lickhalter and we will see where that takes us. Mr. Uek stated, "I believe that it is going to be recommended to the Foundation Board that an ad hoc committee be formed, with some expertise to address this issue". I personally think that is a good idea. I do not think that there is enough fire power on the present committee, in the area of security, to be able to address the issue. Mr. Burke stated, "A while ago we initiated some infonnal conversation with the Sheriff and it appears that their feeling is that since they were first contacted to do this extra police work, there has been a whole lot of changes in Pelican Bay". Apparently Pelican Bay was partially built out when they were first contacted and they knew statistically that with all of the open areas and construction going on it made sense to have this extra coverage. Now, in the last couple of years 452 , ... ~-.:r"P'lIIrl' _, _'">.~'e.""'___"" .. .... ".. -,.."-;-,_._"...,,.... Budget Sub-committee Meeting 1611 February 15, 2006 things have changed overall, in both their department and with Pelican Bay being built-out, and they have indicated that they have been thinking about some new approaches. That may be what the meeting with Mr. Carroll is about. Mr. Sutphin stated, "I would be pleasantly surprised if they had some suggestions that ended up saving us money, but somehow I doubt it". Mr. Carroll, if that meeting is Friday, will you have a report for the Board at our March 1 st meeting? Mr. Carroll replied, "Yes, but I am not sure what I am getting into". Mr. Sutphin stated, "The timing is certainly right, because the Foundation is thinking about it and it is time for us to think about it again". It has been a controversial item and I think we need to deal with it. FAIR SHARE PROGRAM UPDATE STATUS NEXT STEPS Mr. Sutphin asked, "Mr. Petty, can you provide us with an update on the Fair Share program, where does it stand and what is the next step"? Mr. Petty stated, "The Chairman has set up the network with the political representative of the County". Mr. Carroll has developed the repertoire with Commissioner Halas and is currently trying to set up a meeting with staff, so that we can speak to him about that issue. It is a policy issue. We have talked with Collier County staff, who can take it no further because it is a policy issue and must be addressed by the elected officials. Mr. Sutphin stated, "' see this in two discreet parts". One part is to try to get some cost concession, albeit small, on an item that we pay taxes for in the Unincorporated Area General Fund levy and also fund the service by assessing our residents. The big item there is landscaping. What I originally had in mind when we met with the County Budget Director was, let's try to get the County to pay for some share of the fertilizers, pesticides or whatever, a credit if you will. Then, the other part of this is on small projects, and the one that was a thorn in our side for over two years was the sidewalk overlays. In an area where the County has responsibility and funds something, but for whatever reason whether it is the lack resources or it is too small of a job to percolate to the top of the pile, allow us to do it, but they pay for it. They are presently 453 .~.~._'" _.,-,._- . 1 - T ,--,.~--_""..-, .,- Budget Sub-committee Meeting 161 1 February 15,2006 paving the sidewalks, so we cannot use that one. Mr. Lukasz, is there something else on the list that we can go after as a tangible example of a small project? Mr. Lukasz replied, "There are other areas of sidewalks that were done five years ago that are going to be due again~. From what I understand, there are areas that have not been overlaid for over ten years and they would have priority over these. Mr. Sutphin asked, "Are sidewalks something we should take a shot at"? When the sidewalk in front of your home is in bad shape, it is a very big deal to you and we have people in Pelican Bay who I get emails from asking when are you going to fix my sidewalks? It gets embarrassing after a while. It appears to me, that would be a great project to go after. Mr. Carroll stated, "I agree~. I think we should keep that sidewalk issue out there, even though they are overlaying some of it now. Mr. Sutphin stated, "It is easy, we will take it over for you and send you the bill~. Mr. Carroll stated, "That is the attitude that I want, but I don't know where it is going to go~. The Commissioner had no problem with this, but in effect, it is being bumped overto Mr. Petty and me to go to Mr. Oaks to negotiate. That is the meeting that I am going to set up. Mr. Sutphin asked, "Do you have a time frame in mind as to when you hope to be able to do that"? Mr. Carroll stated, "I have Mr. Petty's schedule and I have called to try to schedule a meeting for 9:30 AM Friday, but I have not gotten a confilTTlation~. If not Friday, it will be sometime next week. Mr. Sutphin stated, "I believe that in both areas, it is important to get something and it doesn't have to be big". It is a start and once we get the first concession, then we can go on to the next one. Mr. Carroll stated, "I believe that it is going to be a hard sell, but I think we ought to sell hard". Mr. Sutphin stated, "The worse they can do is say no.. Mr. Petty replied, "I disagree, I think it is an easy sell~. You pay $16,000,000 to the County for the General Ad valorem Tax for general County services because your property 454 - ...'llO '1"P"'l --,"''''~.'_.',,"-'''',,",..,--_...- .......... ....------.,.-- 161 1 Budget Sub-committee Meeting February 15. 2006 values are that high in Pelican Bay. The County has a 4.6 millage rate. You pay $4,000,000 to the County for what they call Unincorporated County Municipal Services, which are services that are supposed to show up in your back yard because that is what "municipal" means. You are paying $4,000,000 to the Pelican Bay Services Division, which you do see spent in your backyard each and every year. Our question to the County and why I think it is so easy is, $20,000,000 is going out of Pelican Bay, show me what percentage is coming back. Mr. Sutphin stated, We are not looking for much, we are just looking for a little", Mr. Petty stated, "The idea of us participating in something as simple as project management of something that has already been funded and allocated for Pelican Bay, should be a simple request and a simple first step". Mr. laizzo stated, "I would not suggest you using the argument of the General Fund because everybody pays that". Mr. Petty replied, "And everyone gets something back". Mr. laizzo stated, "You can't argue that". Everybody pays that and they get services for that, including the Sheriff. When you get into the Unincorporated Area that is where you have to hit them. We are paying $4,000,000 for services that we are providing. Mr. Petty replied, We are paying for those services because we are a donor community". We pay more than our fair share of taxes, so it is our right to ask the question because we are the donor community. Since we are a donor community, the $16,000,000 is already more than our fair share for the services rendered, we acknowledge our social responsibility to the area and we pay our due. You now have hit us with another $4,000,000 that you call Unincorporated Municipal Services, that I don't understand because I don't see it, please explain. That's all we are asking. Mr. laizzo stated, "If we were annexed we would still pay that $16,000,000". Mr. Petty stated, "This has nothing to do with annexation~. Mr. laizzo stated, "It doesn't, but the point is that you would pay that no matter where you are". 455 . 'IlW ----.-., Budget Sub-committee Meetiug 161 1 February 15. 2006 AL TERNA TIVES TO REBUILDING UNINSURED ASSET RESERVE UPDATE STATUS OF CREDIT FACILITY WHAT DO WE WANT FROM THE PELICAN BAY FOUNDATION? Mr. Sutphin stated, "At the last Board Meeting, the Board agreed in principle, that it would be desirous to not assess and rebuild the reserves". I have had some communication with the Foundation and they feel that it is in the best interest of Pelican Bay to not rebuild the reserves. Mr. Petty, do you have the status on our getting our own line of credit? Mr. Petty replied, "What we have been developing for a lot of Independent Districts, within the State of Florida, is a line of credit or access to commercial paper for short and long term debt to address the issues versus building a reserve". We have talk.ed with the County's Budget Director, who has no problem with us building that into our budget. Mrs. Barbara Smith has also talked with the Clerk of Courts who we would also have to work with. There is one other area that we would like to develop and that is the County also has the ability to provide that vehicle of commercial paper or credit during time of need. Mr. Sutphin asked, "The issue from a planning standpoint is, what is your best view of the timing required to get the credit facility in place and what would you like us to ask the Foundation for, in terms of their being our backup emergency source of short term cash"? My next step would be to send an email to Mr. Uek and Mr. Seblatnigg, and say here is what the Pelican Bay Services Division would like as a commitment from the Foundation for next year. Mr. Petty replied, "I would recommend a very row level of commitment". r would recommend that the Foundation, in this idea of funding, is one of showing brotherhood in Pelican Bay more than anything else. It is a show of support. Mr. Sutphin replied, "That's basically what we have now". If there is a natural disaster and we needed cash to pay bills, they would advance us the cash until we could levy a special assessment and pay them back. Mr. Petty stated, "If they have the cash they are willing to help us out". Mr. Sutphin stated, "Do you want a continuation of that agreement"? Mr. Petty replied, "That would be fine with me, I do not need a fIXed amount". I like the show of support and we would rather not go to them, we would rather go to the League of Cities, 456 . . , -_. ~~. 161 1i , Budget Sub-committee Meeting 1. February 15,2006 the Association of County's or to Collier County commercial paper before we go to the Foundation. During the time of emergency it is probable that they should be using their money to help Pelican Bay in their area of responsibility. I do like the idea. Mr. Uek stated, "It seems to me that there is enough of these going on that this should be able to be placed on a master RFP of some major banking facility, to get a master structure on how to create, at a very low cost, a line of credit that everybody can use". Mr. Petty replied, "That already exists". Mr. Uek stated, "The Foundation should provide a letter, that if you run out of money, the Foundation will either lend you or cause to have lent to you, money so that you can operate". Mr. Sutphin stated, "We were unaware until approximately ninety days ago, that we could actually get our own line of credit, using our ability to assess as the full faith in credit of the Services Division, with the District as collateral". Mr. Petty replied, "Yes, it gets more complicated than that because there are other things that we have to satisfy, such as the total ceiling limit on the County". As a Dependent District, we are counted in the County's totals. We should have all of the sources that any other governmental agency, which is the Association of County's, the League of Florida City and commercial paper. The reason being, we are trying to build the commercial paper for both a short term and mid-tenn style of notes. The notes under the master umbrella usually take in the municipal view or some other view that is not ours in Pelican Bay. We are looking for a little flexibility. Mr. Sutphin stated, 'What we afe looking fOf is a safety net so that if we put together a budget and at the time it gets submitted the credit facility is not in place, we have a fall back resource that will cover us until we get the administrative details ironed out". I guess if I am hearing Mr. Uek right, we are covered. Mr. Uek replied, "Yes". The point is the Foundation could have the same problem at the Services Division, if our entire beach front was wiped out. That could cost approximately $15,000,000 to rebuild and I have the right to tax and have to go to the people and at the same time you may be coming to me and saying we need $3,000,000. 457 -_.---, --"-~"-- ... . ...--...... , -.-" . 161 Budget Sub-committee Meeting 1 February i5. 2006 Mr. Sutphin stated, "It would never be that much". The operating problem that we have being part of the County is that we cannot cut a purchase order unless we have the cash in the bank to pay for it. In that case, there would be a need for some short tenn cash so that Ms. Jean Smith could cut the purchase orders to hire the temporary labor to clean up the mess. It is really an operating constraint. Mr. Burke asked, "Mr. Bonness, what would your thoughts be of taking one lane north and south of Pelican Bay Boulevard to a bike lane"? Would it be used? Mr. Bonness replied, "Yes". Right now there isn't a designated bike lane and a person on a bicycle can move from lane to lane. When you designate an area, a bicycle is required to be in that area. Mr. Nordhoff asked, "What percentage of your cyclists might be Pelican Bay residents"? Mr. Bonness replied, "Approximately 15%". A lot of us may not be residents, but have connections with family that are. Mr. Nordhoff stated, "My concem is that if we went to the expense of creating bike lanes, there would be an argument from the residents that a lot of the cyclists are not Pelican Bay residents and it is not private. If you are doing it for the safety of those residents who do ride bikes, then it is justified. Mr. Bonness stated, "A lot of the bike traffic you see is just drive through and getting from Vanderbilt Beach Road to Crayton Road". Mr. Burke stated, "We have been told that we could paint off a lane on each side, close it up to car traffic and we would still have enough capacity with one lane north and one lane south. I would like to know if there would be enough bicyclists that would rise up and say that it is the greatest idea in the world or what? We do have a speed problem on Pelican Bay Boulevard during the season and a lot of that is cut through traffic. I was going thirty at dusk the other day and two cars passed me. Mr. laizzo stated, "If it were one lane you would not get that drive through traffic". ADJOURN There being no further business, the meeting adjourned at 4:15 PM. 458 ."~ "'-,,",.._---,- "",' . . Budget Sub-committee Meeting 161 1 February 15, 2006 Christopher Sutphin, Chainnan 459 --"'-'"<'"--"---~--"'- .... , - , - '-""-"-~'"' "... 16 I '1 J. ENVIRONMENTAL ADVISORY COUNCIL AGENDA March 1, 2006 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Call to Order / II. Roll Call Frala ~ Approval of Agenda Halas III. Henning IV. Approval of February 1, 2006 Meeting minutes Coyle " Coletta V V. Upcoming Environmental Advisory Council Absences VI. land Use Petitions A. Special Treatment Permit No. ST -2005-AR-8267 "Irvin Dock" Section 24, Township 51S, Range 25E VII. New Business A. Outstanding Advisory Council Member Nominations B. Landfill gas monitoring - Solid Waste Management Department. C. South Florida Water Management District presentation regarding storm water VIII. Old Business A. Update members on projects B. Continuation of Review of EAR amendments IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************************************************** Council Members: Please notify the Environmental Services Department no later than 5:00 p.m. on Februarv 24, 2006 if you cannot attend this meetinQ or if you have a conflict and will abstain from votinQ on a petition (213-2987). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. RECEJ\/ED 'j 2006 ::~,(j.~n.l (}1' c;)t~r!t'i.....,emmi~&orres: Date:O~ -l~-O ~ Item #: l (0 I [ C "":f Copies to: .~..,,---- .,._._~,._.,,-~ ,-_._----- . February 126 /1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, February 1, 2006 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Terrence Dolan William Hill Lee Horn Dr. Judith Hushon Irv Kraut Dr. Erica Lynne Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Steve Griffin, Assistant County Attorney Susan Mason, Senior Environmental Specialist 1 "~,,- ...... ,- . ,~,-,- > - "-"~ Februal gol 1 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:04 AM. II. Roll Call A quorum was established with Michael Sorrell absent at the time of roll call. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Dr. Hushon. Carries unanimously 8-0. IV. Approval of December 7 & January 4, 2006 Meeting minutes Dr. Lynne commented that she would like it on the record that at the end of the meeting she had requested the tape of the Sabal Bay Petition for review. Mr. Dolan moved to approve the December 7, 2005 minutes. Second by Dr. Hushon. Carries unanimously 8-0. Dr. Hushon moved to approve the January 4, 2006 minutes. Second by Mr. Hill. Carries unanimously 8-0. V. Upcoming Environmental Advisory Council Absences None VI. New Business A. Outstanding Advisory Council Member Nominations Mr. Hughes moved to have Dr. Hushon nominated for the Outstanding Advisory Council Member. Second by Dr. Lynne. Carries unanimously 8-0. B. Wetland Protections in the South Florida Water Management District ERP Program Ed Cronin, South Florida Water Management District Environmental Supervisory for Wetland Regulatory Section gave a Power Point Presentation (see attachment) including the following points: - Review of jurisdictional area. - Environmental Resource Permitting Program reviewed. 2 ~"...-...._._-,~-". '__"H_~ -- ...,,~~.~.~ I . "'" ~~_....m_.~,.... --~, " 1611 February 1,2006 - Responsibility is to permit surface water management systems. - The primary goal of the Wetland Regulatory Program is no net loss in wetland functions. - Review of UMAM Basics Questions were addressed including the following points: - UMAM State and Federal differ in the amount it takes to offset an impact. - Upland preservation is viewed as an interregnal part; the Core of Engineers is not quite as fervent. - Standards are the same throughout the State. - Harvey Harper is a Federal criterion. - Water quality criteria vary by County. Michael Sorrel joined the meeting at 9:22 AM. - A Water Use program is set up to cover consumptive usage. - Wetland function categories: 0 Hydrological- amount of time water stands on surface and how deep it stands 0 Length 0 Depth 0 Quality - An Environmental Resource Permit takes into account both wetland issues as well as water quality and flood control issues. - Location and quality of the land are taken into consideration. Dr. Lynne expressed interest in having the Water Management Permit completed before petitions come before the Environmental Advisory Council. Ms. Mason added that projects sometime propose UMAM scores, though they are often not accurate. Mr. Hughes then proposed that if the projected UMAM score is radically different then the actual score then it should come before the Council again. Dr. Hushon agreed that the project should not be seen until the first RAI. Language changes can be made in the Land Development Code to accommodate the recommendations. Further questions were addressed including the following points: - For most of South Florida the surfacial aquifer will be at the same level as seen on the surface. - In order for ground water to be used a permit is required. Mr. Chrzanowski suggested that the Council go to the USGS website and research the subject. He can ask Terry Banks to give a presentation. 3 ..~..,,~.,,--~ , -...-,-.,.,.- 16' 1 February 1,2006 Mr. Hughes inquired as to why South Florida Water Management District has a large turn over in personnel; he would like someone from management to return with an answer. VII. Land Use Petitions A. Conditional Use CU-AR-7181 "North Bay Resort Beach Pavilion" Section 14, Township 51S, Range 25E - Presenters were sworn in by Mr. Griffin. - Dr. Hushon, Dr. Lynne, Mr. Dolan, Mr. Horn, Mr. Hill disclosed having communicated with Nicole Ryan from the Conservancy of Southwest Florida. Clay Brooker gave a presentation including the following points: - A Beach Pavilion is to be built on the Northern side of Keewaydin Island. - 4.32 acres over 2 lots. - It is zoned agricultural with a conditional use of passive recreation. - Aerial photographs were demonstrated. - There are no private lands on either side of the properties; they are owned by the State. - The Pavilion will be an elevated 2,925 square foot screened covered building with showers and a handicapped lift. - It will be an amenity to the Naples Bay Resort Club. - The structure will not be in the dunes or mangroves. - The environmental sensitivity is acknowledged. - The project has been working in conjunction with the Conservancy of Southwest Florida, Rookery Bay National Estuary and Reserve and private land owners. - An operational manual will be part of the conditional use process review which every staff person will be required to read and abide by. - An educational plan will be set up addressing wildlife, plant life, and environmental sensitivity. A video will probably be shown on the shuttle boat to the Island. - Elements of the operational manual were reviewed. - The area can also be accessed by three private vessels, though personal watercraft will not be permitted. - A 56 person limit will be set for the entire property. - Fifteen people and under will require one staff person while over fifteen persons will call for two staff persons on the Island. - No lights are anticipated at this time, solar power will be explored. - An electric golf cart will be operated on the board walk for special needs. - Aerial mosquito repellants will not be used. - Special events will go through the Counties Special Event process; a 56 person limit may be exceeded. 4 -,_..'-- ....-.._~.,._"..>. ". , ...",,~.-,-, ",,~----_..- Februal16011 - There will be no fireworks, and boat races. Concerts are still under discussion. - Food and Beverages will be transported on and removed from the site daily. - Alcohol will be permitted. - Beach umbrellas and chairs will be used, stored and locked under the beach pavilion. - Trash will be disposed on a daily basis. - Staff will conduct a daily clean-up, including 100 yards beyond the land boundary. - Open fires, and pets will be prohibited. Questions were addressed including the following points: - It was recommended to go through the Conditional Use Process. - The enforcement of the 56 person limit on the property is still being discussed. Dr. Unshon suggested having a sign-up sheet similar to a T - Time in order to limit the number of persons on the Island at one time. - There will be a septic system with a back-up drain field. Dr. Unshon suggested limiting the number of persons on the land for special events due to the fact that what happens on this property will affect the entire Island. Dr. Lynne suggested looking at the system at CorkScrew Swamp. Tim Hall, Terrell and Assoc. noted that the system is similar to the CorkScrew Swamp system. There is an emergency bypass, it is self contained. The system can handle between 60-70 persons. The feasibility of the septic system was discussed. John Stiger, Terrell and Assoc. noted that the Keewaydin Club was able to handle a septic system on the Island for a number of years. Further questions were addressed including the following points: - There is no plan to expand the facility at this time. - A Memorandum Of Agreement concept is agreeable; it was to be developed by Rookery Bay - A conservation easement prohibiting any use of the entire property except the facilities foot print as requested by the Conservancy is not agreeable. The proposal is to have 75% of the property untouchable. 5 ...~.- - .,;-~--",-_._"._~"",.".. .. .. "",_..._,,,..>., -~----..--.,.- -".. FebJ l~oL 1 - The generator will work in the same way as the homes on the Island. It will come on when solar power is not available. Mr. Sorrell suggested having the generator double incased for a sound barrier. Mr. Hughes suggested a vessel that could provide the power and restroom facilities. He expressed concerns with compliance of visiting persons. - The Memorandum Of Agreement is not foreseen to be part of the approval process because it will be a private agreement between the project and Rookery Bay. Mr. Dolan suggested having members sign the operational manual. Dr. Lynne feels that the Memorandum Of Agreement should be included in the approval process. She also expressed concern about future expansion of the facility. The meeting recessed at 11 :06 AM reconvening at 11 :20 AM. Mr. Penniman, Dr. Lynne and Dr. Hushon disclosed having conversed with Nicole Ryan during the recess. Ms. Mason brought to the attention of the board that a Special Event Beach Permit would in no way regulate the number of people or the number of times the events take place. Public Speakers- Anthony Pires, of Woodward, Pires and Lombardo representing himself and individuals owning property on Keewaydin made the following points: - Review of the Planned Unit Development compliance. - The Land Development Code requires a development on a shoreline to have an analysis demonstrating the impact of a six inch rise of sea level. No analysis has been performed. - There are 750 memberships, allowing for access to the Island via boat rentals, shuttle service, charter boats and personal craft. - The facility is a draw for people. - 10.3 of the Conservation Coastal Element addresses that undeveloped coastal barriers shall be maintained predominantly in the natural state and natural functional shall be protected. The EIS does not address the use of the facility or the people impact only the structure. - Single family use is compatible, but the facility is a conditional use. 6 .__.. - I --","" -.--.-.-- Febr~Y~2J!06Jl - It has not been demonstrated that the project is consistent with the Code and Growth Management Plan. - He and others respectfully request recommendation for denial due to inconsistency with the Growth Management Plan, the Land Development Code and the EIS is insufficient. - People can be more devastating to a dune system than a hurricane. Ms. Mason noted that the shoreline rise analysis should have been part ofthe EIS. Stephen Lenberger, Environmental Services Department added that the structure is 7-8 feet above sea level. James Jentgen has been a property owner on Keewaydin Island for 17 years. He has been approached for the sale of his land for a similar use. If this project is approved then all others would have to be approved. He feels that the Island is very fragile with a limited caring capacity; the caring capacity needs to be developed. Solar Power is used at his cottage; the generator is used about two hours a year. If approved the properties already owned would become more valuable, though he is not for approval of the project. Kristina Tomblin is a resident of the Island. Her general concern is with the caring capacity. When the time comes that owners of the private property would like to build they may be prevented due to the caring capacity having been exceeded. John McNicholas a solar contractor that builds photo electric and water collection systems on the Island was asked to speak on behalf of the home owners. There is little discussion on potable water; it is usually collected from rain water. Water is a limited resource; it is hard to know how much is available for the Island. Calculations need to be performed to determine water use needs. If the sea water is broken through while digging a well it could ruin the fresh water bubble. Composting toilet remains will need to be removed in order to be maintained properly. Dr. John VanDongen is a land owner on the Island. The intensity of use is more than ten times the use of a private residence. There will be no way to control the behaviors or the number of the persons going on location. Rookery Bay has no legal jurisdiction on private land, they can only write it down in a file. Rookery Bay does not have the personnel to monitor the area. If the developer sells the property it will be another entity monitoring it. He gave a plea to reject the project. Nicole Ryan, Conservancy of South West Florida mentioned that the Conservancy's use of A TV s on the Island is for gofer tortoise monitoring. Restrictive covenants and an educational video needs to be addressed. A 7 -".._---,--'-~- -~----~ -'.-- 16/1 February 1,2006 major concern is the size of the facility and lack of assurance that there will be no expansion later on. Issues to be addressed- 56 person limit enforceable with penalties for noncompliance, beach chairs not left out, no A TV s on site, no beach renourishment, aerial spraying for mosquito control and legal agreement with enforcement attached to condition use permit. It is the Council's responsibility to make recommendations based on a variety of factors, such as the compatibility to adjacent properties, property owners and land uses. If approval is recommended then require a restrictive covenant be placed on the land outside of the building foot print and the detailed MOA be attached to the conditional use permit; or recommend denial based on issued concerns. Mr. Brooker added that they have not seen the MOA as of yet so he can not say as to the probability of its attachment to the permit. John T. Conroy Jr. has been in commercial realty for 39 years and believes this is a location that should not be developed for commercial use. He believes the caring capacity can be defined by the sewage treatment plan. There will be a number of persons that feel they have the right to be on the land because of having paid dues. Brad Cornell, Collier County Audubon Society expressed concerns with the staff report and the EIS because they give no accounting of accumulative impact analysis, such as beach nesting and resting beach birds. The County has no tool by which an assessment can be made. It is unknown if it is an acceptable level of impact to the beach habitat species. Mr. Brooker addressed the subjects raised: - The dock will not be altered allowing for more boats. - The footprint of the facility will not be more than the amount of two private homes. - It is not believed that the generator will be running all the time. - It is fully intended to enforce all of the restrictions discussed. - It is agreed that there will be no support for beach renourishment. - Nesting birds will be addressed in the educational program. - He believes that they have doubled over in efforts in trying to address legitimate concerns of the environmental community and private homeowners. - Recommendation of approval for the project was requested. Mr. Griffin brought out that the attorneys office believed that the Conditional Use Process is the appropriate process to be used for this project. The process has given the public the ability to comment. Under the Collier County Land Development Code 10.08.00 it is the Council's obligation to consider the factors- as to whether or not the project is consistent with the Land 8 ~". ~,,,' . ~'_.--"""-~ , ___w~___..~_.,. ^"_._. -""-- FeblQ 2fo1 Development Code and Growth Management Plan, issues of ingress and egress, effect of conditional use on neighboring properties in relation to noise, glare, economic impact and odor, and proposed use compatibility with adjacent properties and other properties in the district in order to determine whether or not the conditional use will adversely affect the public interest along with determining how the specific requirements governing the specific use if any have been met. Mr. Penniman moved to recommend denying application for conditional use CU-AR 7181 with concern to caring capacity of Keewaydin Island not only by this project but also what will come in the future and concern with enforceability of 56 people on the land. Second by Dr. Uushon. Dr. Uushon expressed concern with inadequate information presented and that the property can not handle exceptional events. Mr. Dolan added that impacts would be far worse if the land was not in between protected lands. The MOA should have been drafted, and the sewage capacity needs to be addressed. He would like to give the opportunity to come back with further information. Motion carries unanimously 9-0. The meeting recessed at 12:24 PM reconvening at 1 :07 PM. Dr. Lynne left the meeting at 12:24 PM. B. Site Development Plan No. SDP-2003-AR-4596 "Fishermans Village" Section 11 & 14, Township 50S, Range 25E - Presenters were sworn in by Mr. Griffin. Clay Brooker gave a presentation including the following points: - Overhead aerial photographs of site and site plan demonstrated. - The water body known as Halderman creek is a drainage ditch. - The proposed land will have temporary placement of dredged spoil. - A new conservation easement will go into place once going through the State and Federal permitting process. - The County must complete the dredging project by January 1 sl 2007 and clean up no later than February 1512007. - The STP must be approved by the County or the County can not use the land for temporary placement of the dredged spoil. - 51 accessory wet slips are requested. 9 M_._ -~~.... ,~. T ~,-,.._" - -',~, Febrl Qo/J Michael Frankenberger gave a presentation including the following points: - Previously permitted project. - Mangroves were planted on the site. - Listed wading birds reviewed. Ryan White, Davidson Engineering gave a presentation including the following points: - The storm water management has been designed to the South Florida Water Management District Criteria. - There will be a dry detention then discharge of runoff. - Roof runoff and road runoff will be conveyed to the dry detention then into Halderman Creek Canal. Dr. Hushon asked that the land is tested for TPH and heavy metals meeting the requirements for the State for residential property. Tim Hall, Terrell & Assoc. has been working on a program to create landscape management plans for new and existing developments trying to compile the Best Management Practices. There will be a landscape management plan that will be guidelines for the association that takes over. Mr. Lenberger added that after the creek has been dredged it will be channel marked. The quantity of slips has been regulated according to the Manatee protection plan. Dr. Hushon moved to accept Site Development Plan No. SDP-2003-AR- 4596, "Fishermans Village", Section 11 & 14, Township 50S, Range 25E with staff recommendations as listed relating to permits or letters of exemption of South Florida Water Management District shall be submitted to the Environmental Services Department for review prior to preconstruction meeting with the Engineering Services Department and the approved Conservation Easement for the County required preservation shall be recorded within 90 days of site development plan approval. Second by Mr. Hughes. Mr. Dolan encouraged the applicant to find the credits locally or go to the Pine Island mitigation bank. Mr. Penniman noted that once again we are dealing with incomplete data. Motion carries unanimously 8-0. Lee Horn left the meeting at 1 :43 PM. 10 ~._._--"-~-, .-.-------, ~ --'---" ...... ,. '._~"p-'" .~.. .-" FebruJI0J 1 VIII. Old Business A. Sabal Bay update Susan Mason has been in contact with WCI, they did say they had the same understanding that they would fund a study for gofer tortoise. Both the Planner and Environmental Reviewer will have the stipulations in the plan. B. Continuation of Review of EAR amendments Mr. Hughes asked about an amendment suggestion on light pollution. Mr. Chrzanowski replied that a committee had been set up. It happened that landscapers, police, environmentalist, transportation, and architectural persons were concerned about were the lights were placed. The minimum standard for Collier County is lower than Lee County's highest standard. Mr. Hughes questioned about Golden Gate properties being broken up into small plots having an environmental impact beyond the original scope, being placed in this amendment cycle. Mr. Chrzanowski replied that it is already written that the properties can not be subdivided below 2.25 acres. There has been talk about staggering the pads to require buildings not to be placed next to each other. David Weeks, Planning Manager mentioned that what are being reviewed are the amendments to each of the elements of the Growth Management Plan with the exception of two, the Housing, and Immokalee Area Master Plan. It is mandated by State Statute for local government to review the Growth Management Plan and evaluate it to determine if it is functional, to determine if a change is needed, and to reflect any State and Federal statute changes. The document was then reviewed by sections. Potable Water Sub-Element- Kris Van Lengen, Comprehensive Planning gave an overview of changes with explanations on the changes. The public facilities element contains five sub-elements- sanitary sewer, solid waste, drainage, and aquifer recharge. Dr. Hushon suggested specifying a "rolling" ten-year plan with an annual update under "Objective 1". Solid Waste Sub-Element- Mr. Van Lengen gave an overview of changes with explanations on the changes. 11 ,- .._,.'-~-----,--".__.~._- ,.-.. <~"-".,,~_,.,-,,-"~'" .........- -~ . , "----".~.,_.._,,._" -,,-- FebruJ 1~~ 1 Irv Kraut left the meeting at 2:05 PM. Mr. Hughes would like to be the first in the Country to regulate packaging waste. Bill Lorenz suggested having the idea go to the Solid Waste Department. Drainae:e Sub-Element- Mr. Van Lengen gave an overview of changes with explanations on the changes. Dr. Hushon brought up that it had been previously suggested to have language in "2.1" showing completion of the Water Shed Management Plan by 2012. Mr. Lorenz indicated that the language was selected to ensure that the County would be committed to starting the process. Eugene Calvert, Storm Water Management Department noted that there are budget and time constraints to manage the projects. Due to the budget constraints he does not feel it will be feasible to start before 2008. Dr. Hushon suggested that putting aggressive dates into the Growth Management Plan can force more funding. Discussion ensued on the pros, cons, and ability to have the dates limited to a shorter period of time. Mr. Penniman suggested having a letter written. Mr. Griffin proposed to craft the language to make it consistent with the State and Federal level. Golden Gate Area Master Plan Element- Michelle Mosca, Comprehensive Planning Department gave an overview of changes with explanations on the changes. A map was demonstrated on the overhead. David Weeks explained the language on density bonus by right. Marco Island Master Plan- Deleted in its entirety. 12 --,..,...."~..--_.~ .-~.._- . ----.-- -- ^._--~,- FebruJ/~oll Future Land Use Element- David Weeks gave an overview of changes with explanations on the changes including grammar and density changes. Intere:overnmental Coordination Element- Corby Schmitt gave an overview of changes with explanations on the changes. Mr. Penniman gave kudos to the clarity ofthe language. The meeting recessed at 3 :00 PM reconvening at 3 :06 PM. Transportation Element- Corby Schmitt gave an overview of changes with explanations on the changes. Dr. Hushon feels that traffic light timing should be put into the document in order to not have to build new roads; just make the existing ones work better. Phil Tindall, Transportation Planning Department a traffic flow program through technical means has been implemented on Pine Ridge Road. He will work on the correct place to insert the language into the document. Mr. Hill noted that speed bumps create a delay for the EMS. Recreation & Open Space Element- Corby Schmitt gave an overview of changes with explanations on the changes. Dr. Hushon suggested developments having mandatory parks. Corby Schmitt noted that language within the Code for hurricane shelters within communities is being encouraged. Capital Improvement Element- David Weeks gave an overview of changes with explanations on the changes. Dr. Hushon pointed out the inconsistency with page five "A7.3. $270.00" and page two under Recreational Elements showing "$240.00". 13 ._..~ ._---'_.--'-..~'_. I -'--~"- -.-- 16' 1 February 1, 2006 Economic Element- Nicole Fernandez gave an overview of changes with explanations on the changes. Dr. Hushon proposed adding "relaxation of impact fees on workforce housing" under "3.14". Natural Groundwater Aquifer Rechare:e Sub-Element- Kris Van Lengen, Comprehensive Planning gave an overview of changes with explanations on the changes. Sanitary Sewer Sub-Element- Kris Van Lengen gave an overview of changes with explanations on the changes. Mr. Hughes would like to have a reaction plan for flooding. Dr. Hushon is concerned about the adequacy of the Harvey Harper Model for lakes and water systems. She related the experience of a person that performs lake sampling: he has noted that 6-9 months after the lake has been dug the depth decreases by 3-5 feet, and that after 4-5 feet there is no water turnover. This creates anaerobic degradation. Aerating lakes can correct the problem. Lee County is creating language to require that lake systems greater than an acre be aerated with annual monitoring. She would like to get language into the Growth Management Plan to define the extent of the problem with a model and leave the ability to evaluate aeration as a possibility to correct the problem. Her suggested language is as follows "A study shall be undertaken prior to 2008 to determine whether the water retention structures designed in accordance with the requirements predicted by the Harvey Harper Model are meet the design requirements after 1, 2, and 5 years. If not, the model needs to be adjusted to provide adequate water retention. All water retention basins greater than 1 acre should be aerated to ensure aerobic degradation of runoff nutrients and pesticides and to avoid the creation of thermoclines that hinder water exchange among levels." She would like to invite a person to give a presentation on the subject. Mr. Lorenz noted that he can add some of the concepts into the document. The meeting recessed at 3:41 PM reconvening at 3:42 PM In lieu of what has been discussed previously Dr. Hushon would like to have the date of2012 instead of2018. 14 ,._~,-"'~ , - _..._-,-~-".__._"-- Felu61~ot Mr. Lorenz suggested that if staff is not agreeable to the 2012 date that a formal letter is written. Mr. Penniman will work with Mr. Griffin to create the letter. Dr. Hushon presented the following points to be addressed in the letter: - A water shed management plan is extremely important. - They hold the key to controlling future environmental impacts. - The County should proceed even if they can not get complete cooperation from the State and Federal Governments. - Surface water modeling. - Funding to do research. Mr. Hughes moved to accept the changes to the Growth Management Plan as stated this afternoon. Second by Mr. Penniman. Motion carries unanimously 6-0. I. Subcommittee Reports None II. Council Member Comments None III. Public Comments None ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 3:49 PM COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 15 '.-... _ __"_,_""'.....ww__"_,._...,~._., , ..-.- ...~ --,- "'_.,,_...m'____. - 16JJ. November 15, 2005 RECEIVED FEB 1 6 2006 doard o' C . , Oun,y CommisSioner TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY S DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Naples, Florida, November 15, 2005 LET IT BE REMEMBERED, THAT THE Collier County Domestic Animal Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:30 PM in REGULAR SESSION at Domestic Animal Services Training Room, Davis Blvd., East J Naples, Florida with the following members present: Fiala ~ Halas Henning 7 Coyle Coletta i/' CHAIRMAN: Dr. Randall Eisel Karen Acquard (Excused) Michele Antonia Sergeant David Estes (Excused) Jennifer Hawke (Absent) Tom Kepp, Jr. (Absent) Susan Weiss (Excused) ALSO PRESENT: Margo Castorena, Director ofDAS Nan Gerhardt, Shelter Operations Manager Brenda Salinas, Administrative Assistant -. vvues: ate Do -Jt- -Db Item #: t to L-LG)( 1 Opies to: , ,,-.~._- "~"-~-"-- , ....- . 1 9 Ii - November 15, 00 .J 1. Call to Order: The meeting was called to order by Chairman Eisel at 6:33 PM. 2. Attendance: A quorum was not established. No meeting was held. There will be no meeting in December. Next meeting will be January 17,2006. The Committee adjourned, by order of the Chair at 6:35 PM. ****************** COLLIER COUNTY DOMESTIC ANIMAL SERVICES Chainnan Dr. Randall Eisel 2 1 ""'..". -. .~".'",,-"-...._, ".""""~~-~"-'~~""'-"'--- - 1611 January 17, 2006 RECEI\/ED FES 1 6 2006 80ard of County Commissioners TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Fiala Halas Naples, Florida, January 17, 2006 Henning -- Coyle Coletta LET IT BE REMEMBERED, that the Collier County Domestic Animal Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:30 P.M. in REGULAR SESSION at Domestic Animal Services Resource Training Room, Davis Blvd., East Naples, Florida with the following members present: CHAIRMAN: Dr. Randall Eisel Karen Acquard Michele Antonia Sergeant David Estes Jennifer Hawke (absent) Tom Kepp, Jr. ALSO PRESENT: Margo Castorena, Director of DAS Nan Gerhardt, Sh~~ter Operations Manager Gary Young, Director of Operations Brenda Salinas, Administrative Assistant :;C" \",urres: Oate: Item#: 1 Copies to: ..,.-.., . -... ~ 16/1 January 17,2006 1. The meeting was called to order by Chairman Dr. Eisel at 6:34 P.M. 2. Attendance: A quorum was established 3. Approval of Agenda: Dr. Eisel moved to approve the agenda as presented. Second by Michele Antonia. Carried unanimously 5-0. 4. Approval of Minutes: On a motion by Dr. Eisel and seconded by Michele Antonia, the minutes for November 15, 2006 were approved 5-0. There was no December meeting. 5. Directors Report: Margo Castorena DAS Stats: (Handouts) Committee was brought up to date on the past 3 months statistics. There were 525 adoptions. Facillity: Report on Facility operations during and after Wilma. Minor damage and flooding was experienced. Six 6 staff members stayed on premise throughout the storm and did more than a fair share of "mop duty". Food, water and communications with staff and other communities were good for the short time needed. Had there been more outages or more rain, water supply and flooding would have been a problem; not only for the facility, but for animal rescue, especially of large animals. Phone and Internet service was out but radios and blackberry worked. The whole scenario served to point out what needs to be worked on in the disaster preparedness area. DAS is prepared to coordinate with State Agriculture Response Team and Disaster Response Teams. Also, to setting up partnerships with other communities to share staff and facilities in disasters. Dr. Eisel gave much praise for staff's team effort through the difficulties of the storm Nan Gerhardt reported on the rescues of30 animals through the efforts of Animal League, Humane Society and individual volunteers from various animal-advocate agencies. Working with sub-contractors to complete repair work caused by the hurricane. Margo Castorena thanked Dr. Eisel, giving credit to her staff and stating that: . Rescue Network is in place . All the networks are starting to come together. . Required reports are all in and up to date. . Tremendous increase of activity with early arrival of snowbirds. Figures to come . Report on progress of Hope, the animal abuse case, now adopted by a caring couple and is coming along well. Sheriff's office will prosecute this case. Tom Kepp, Jr. remarked on the number of euthanizations. Discussion followed on euthanasia statistics and policy. Copies of the DAS policy were requested and will be provided to Committee members who do not have them. 2 . JanuJ 16J61 Margo Castorena stated DAS will be pushing for separate stainless steel cages for ease of cleaning and to prevent spread of diseases throughout colony. Also to protect the staff from cuts and scratches, cutting down on insurance claims. The cages are quite expensive. DAS will petition to roll over this budget request to next year's budget; repair work being the priority right now. News: Margo Castorena announced that the Parks and Recreation has made available to DAS some extra rooms in the refurbished old Immokalee Middle School. The area is called Immokalee Sports and Recreation Park. It will mean free rent and utilities and will be used for an ongoing spay and neuter clinic. Calendar: . January 28, 2006 Valentine pictures with Pets . February -All Month---Senior Appreciation Month . Seniors 55yrs and older - $10 off all adoptions. For seniors, in February pet adoptions will be $38 for cats and $48 for dogs. This has already been approved by the Board of County Commissioners. . Due to the hurricane, Dog's Night Out is t be rescheduled to later date. . The Special Masters program is now in force, with ongoing staff training. It will follow the same program as Code Enforcement. No costs to DAS anymore for issuing citations. Citation fees going to Special Masters program. . The rabies and licensing statute is in effect. Three year vaccinations for rabies. License will stay at yearly basis. Veterinarians will have all information. DAS also has copies of Law. . New Director of University of Florida Extension Service, Robert Halman will be working with DAS to identify livestock and horse population, large farm owners and who owns proper equipment to move large animals in disaster situations. DAS realized staff needs in training in disaster response from SART and DART, GPS, chain saws and chemical capture equipment. . DAS now has a 7-passenger van for education, training and volunteers. Also, a new phone system will be installed by Febrary15th. It will have 4-plus dialing and be tied in with the County lines. . Feb 3, 2006 DAS will be at Exposition at the Fairgrounds in the Lifestyle Pavilion 6. Old Business a) Introduction of Brenda Salinas as the new Administrative Assistant and Gary Young as the new Operations Coordinator. Margo explained the duties of these positions and how the department will be streamlined by their efforts. b) Dogs Night Out is tentatively set for May 5, 2006. DAS is considering two Dogs Night Out type events; one at Veterans Park and a second fundraiser event at 5th Avenue, tentatively set for May 5, 2006. c) DAS Auction was addressed by Nan Gerhardt. She reported the Auction was held on October 29,2005 with one animal auctioned off. Karen Aquard inquired about the use of sandbags for extra protection in storms and possibility of a well to insure adequate water for animals. 3 ,-~ JanJG~ 1 Margo will check into that option for the future. Tom Kepp had concerns that there are no shelters where people can go with their pets during storms. It could be reason why most choose not to evacuate. Margo said they are looking into the circumstance that places, such as the Silver Spurs Arena in Kissimmee, can be declared a "Public Service" entity. County is not adverse to such a shelter, but have no facility. Also, they are working on having a section of the Fairgrounds dedicated to DAS. She has met with EMS Manager, Dan Summers, on this issue. Karen Aquard stated that Commissioner Jim Coletta is in favor of a Convention Center or Coliseum at the Fairgrounds. She urged DAS and fellow committee members to contact Commissioner Coletta to push for this facility and to get in on the ground floor planning to incorporate a pet shelter in its designation. Tom Kepp added that DAS should sp~arhead effort along with other animal advocate groups. 7. New Business a) Meridian Ad Campaign was described to the committee as being funded under the Communications Department's advertising budget. DAS will be receiving some of these funds for advertising as a means to: 1. Identify DAS as the County Animal Shelter as opposed to the Humane Society, which functions in a different capacity. 2. Promote responsible pet ownership 3. Promote Pet spay and neuter programs 4. Encourage coming to DAS to "recycle pets" -- with a slogan of "Creating family one pet at a time" Professional advertisers will make up the ads. A jingle will be used in the 60 to 80 spots on Meridian's radio stations. Michele Antonia suggested ad translations in Spanish and Creole to stations broadcasting in those languages. b) The next item was informing the committee that Susan Weiss tendered her resignation. She has moved out of the county. Sue Filson is taking applications. Dr.Eisel knows a person who may qualify and he will notify him of the opening. 8. Public Comments: None (Toni Bland gave Speaker Slip but chose not to speak) 9. Advisory Board Member Comments: Michele Antonia: Expressed the desire to see euthanasia numbers down, especially pregnant animals. Nan will e-mail her protocol on that. Michele also asked about laws regarding dogs in backs of pick up trucks. Discussion followed. Tom Kepp, Jr.: Glad to be back and catching up. Concerned with what direction DAS is heading with getting the euthanasia numbers down. Adoptions can't keep pace. Public awareness is apriority. 4 -,,~"--< _III l~lJo06 Dr. Eisel: Would like to Advisory Board be seen as more than a single issue committee and stressed the number of accomplishments and areas that they can serve the needs ofDAS such as education, contributing to well run facilities, and what situations officers are responding to. Cannot measure success of board by report numbers only. Rather focus on what the committee can do to make the job easier and how they can help with needs of DAS. He stated how pleased the committee is with the knowledge and attention to detail that Margo Castorena has brought to DAS. Sgt. David Estes: Commented that there is no law against dogs in backs of trucks; nor one for people in backs of trucks. He stated there are restraint devices available. Lifestyles of people must be considered regarding dog restraints. Board should continue to work on spay and neuter issues. In light of population explosion, these numbers will only increase. Need of more officers but can't find quality people to hire because of low salaries and extremely high housing costs. Need to find creative ways to attract employees. Salaries will need to increase to provide the services needed for maintaining the qualilY of life expected. Karen Aquard: Encouraged the members to get to know the Commissioners. Will aid in coordinating committee's efforts. Feels Advisory Board has come a long way. She gave praise and appreciation to Margo for her experience, knowledge and abilities and sees DAS coming into the twenty-first century under her guidance. Margo Castorena thanked the committee for their confidence and gave credit to her team. She stated that there are lots of reasons for the increase in the numbers in the reports. As the population goes up, the numbers of everything goes up; adoptions as well. More returned animals, more bite cases (last year 500 this year 1500). She cited need for more officers as population explosion means more animals. She will be inviting the Commissioners to a walkthrough to familiarize them with what DAS actually does on a daily basis. Will need their support for plans reaching seven years out, including land and another satellite office. To support requests staffwiJI be devoting time to reports that will pinpoint needs. The next meeting of the Domestic Animal Advisory Committee is scheduled for February 21, 2006 at 6:30 P.M. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 8:15 P.M. ************ Collier County Domestic Animal Services Chairman Dr. Randall Eisel 5 .- - I 1lIlI.,[ .~----_.~-,~_._,..,_. 161 1I1U11f-"" ~ AU.7.k A4~'SOIY e"".".",.. 2885 Horseshoe Drive South Naples, FL 34104 March 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 VI. LANDSCAPE MAINTENANCE REPORT - CLM VII. OLD BUSINESS A. Bike Path Update - Lew Schmidt B. Bench Update -Darryl Richard C. Mailing Update - Dick Lydon/Carol Wright IX. WORKING GROUP UPDATE'S: A. Utilities - Charles Arthur B. Maintenance - Lew Schmidt C. Tax Analysis - Bud Martin D. Liaison - Dick Lydon I. Results of meeting with Mayor Barnett VIII. NEW BUSINESS: XI. PUBLIC COMMENTS XII. ADJOURNMENT Tie next meeting is sc"edM/~d for 2:fJtJ PM, April 6, 2006 AT ST. JOHNS PARISH LIFE CENTER 625IUm Ave. Naples, FL 'lI'-__i>'<l 1717 I l-.QIl _._--~ t~,.J,-l 'c-D "=,,, \,.1 :",,..,. ". ,. f' ,--.- , " ,_,,,,, .', L.... .' L,~ '? :2'006 1/ aM."," 81111C~ Mal.' ARoam G~ G: 1:,('1 G(lmmissioners ,Ad"'SO'Y OOlftlltl"" 2885 Horseshoe Drive South Fiala Naples, FL 34104 Halas Henning Coyle Coletta .,. SUMMARY OF MINUrES & MOTIONS February 2, 2006 ffi. & IV. Agenda and Minutes of January 5 andJanuary 25th were approved unanimously 4-0. V. Transportation Services Report: A. Budget The Committee was upset in not receiving an answer in a timely manner concerning their interest and interest rate from the Budget Office. They were encouraged to call Mark Isackson. They have been waiting 5 months for an answer. IX. Working Group Update's Charles Arthur, Jackie Bammel ands Diane Flagg will meet with Commissioner Halas on February 7th concerning the burial of utility lines. Misc. Corr6I: D81t:Do -l1_-O~_ Item ~-Llq 1::J c c:J C"'o'. < ',':' .. ~~--<--,-~ 16/1 """'-"" "..,~ M.s.' A AIi"',olY 601ft_It.. 2885 Horseshoe Drive South Naples, FL 34104 February 2, 2006 Minutes I. The meeting was called to order by Chairman Dick Lydon at 2:00 PM. II. ATTENDANCE Members: Dick Lydon, Carol Wright, Bud Martin, Lew Schmidt, Charlie Arthur (Excused) County: Darryl Richard-Project Mgr., Tessie Sillery-MSTU Coordinator, Others: Robert Kindelan-CLM III. APPROVAL OF AGENDA - Add: Approval of Minutes of January 25, 2006 meeting with both Homeowners Associations held at St. Johns. Lew Schmidt moved to approve the Agenda as amended. Second by Carol Wright. Carried unanimously 4-0. IV. APPROVAL OF MINUTES: January 5, 2006 Carol Wright moved to approve the minutes of January 5, 2006. Second by Lew Schmidt. Carried unanimously 4-0. Lew Schmidt moved to approve the minutes of January 25, 2006. Second by Carol Wright. Carried unanimously 4-0. V. TRANSPORT A TION SERVICES REPORT: A. Budget Report - Tessie SilIery . The Budget was distributed and Expenses and Revenue were covered. (Attached) . The County is expecting 100% reimbursement from FEMA and will then show the figure in their revenues. Dick mentioned he received an email starting the Budget office does not have an answer concerning their interest and interest rate. The Committee was upset in not receiving an answer in a timely manner. They have been trying to get an answer for 5 months. Darryl mentioned the Committee can call Mark Isackson directly. Discussion followed. 1. Insurance clarification from Attorney's Office - Darryl Richard This has been answered as the $700 taken each year is for Liability Insurance. 2. Result of donation for meeting place - Darryl Richard This can be handled by submitting an invoice as is done by Manpower. VI. LANDSCAPE MAINTENANCE REPORT: CLM A. Irrigation on Gulf Shore Report - Darryl Richard It had been decided not to plant the comers. Roberts Report: . Selected plant material . Sod is planted at the lift station . Vacant lot by Tradewinds planted I , , "-"""- "'-'~"'~'-"'~ 16/ 1 . A main irrigation break at the Lagoon was damaged by a truck . Mulching . Have been authorized to replace up to 50 plants at Baker Carroll Point - but not that many to replace. VII. OLD BUSINESS A. Bike Path Update - Lew Schmidt . The Committee is asking the County to provide (at their expense) a bike path on the east side of Vanderbik Drive - there is no room for one on the west side. It would be a 4 foot bike path. . Lew surveyed the area with Trinity and Don Scott. Not having 4 feet of level ground is a major problem as there is a ditch there. The ditch needs a back hoe for cleaning it up. . He has no commitments or promises from the County, but does sound positive. B. Bench Update -Darryl Richard Requested quotes before the Holidays and will have one of the Annual Contractors quote. Quotes are due February 10, 2006. C. Mailing Update & Results of Joint Homeowners Meeting- Dick Lydon/Carol Wright Dick will write a letter this spring to all Taxpayer's for a mailing to update them on aU the MSTU's activities and burying the power lines. Bud stated a letter should include an action item or he is afiaid the letter may not be read or taken seriously. IX. WORKING GROUP UPDATE'S: A. Utilities - Charles Arthur Dick discussed an article he read from the newspaper and then the press release on the web site concerning FP&L and burying lines. It stated FP&L is committed to increase underground facilities. They will also invest 25% of the cost of conversion and encourage local government to do so. It also stated they will support efforts by municipalities to obtain Federal or State funds to assist. Dick asked Darryl to research this. President ofFP&L - Armondo Olivera - was the name in the article. Charles Arthur, Jackie Hammel and Diane Flagg will meet with Commissioner Halas and FP &L on February 7th for the purpose of discussing the situation of burying the utility lines. Lew mentioned the telephone company is burying cables on Vanderbilt Drive and the finger streets. B. Maintenance - Lew Schmidt . Held a positive, progressive and communicative meeting on January 19th with the Working Group and Robert (CLM) and Darryl . Joe Bianco has told the Baker Carroll Point maintenance people to do a better job at weeding etc. . New plant selections have been decided upon . Jackie Bammel would like to see the comer of Vanderbilt Road and Gulf Shore Drive planted. It was noted this is a Commercial area. The Committee would like to know what plants she is interested in seeing. C. Tu ADalysis - Bud MartiD 2 - , 1. To. Revenues & Expenses for FY 2003/04 - Lew Schmidt 16/1 Lew distributed a handout concerning the Revenues and Expenses of the various areas in the MSTU. (Attached) A discussion was held between Bud Martin and Lew concerning Lew's analysis. D. Liaison - Dick Lydon Dick will contact the City of Naples Mayor for an update on his ideas and/or progress of burying the lines with FP&L in the City. He will also share the newspaper article with him. 1. Results ofMSTU Chairman's Meeting Dick gave a report on the meeting. The VBB MSTU has a $40,500 carry forward variance. When the audit is finished and confirmed the amounts will be added to each MSTU's Budget. This will be added in April with a Budget Amendment. VIII. NEW BUSINESS: None XI. PUBLIC COMMENTS - None Being no further business to come before the Committee, the meeting was adjourned at 3:15 PM. TIle IU'Xt 1IIet!ti1Ig is scltetblWfor 2:tHJ PM, MIITC" 2, 2006 AT ST. JOHNS PARISH LIFE CENTER 625 lUm Ave. Naples, FL 3 I . 161 1 MEMO January 9,2006* To: Vanderbilt Beach Beautification MSTU Committee From: Lew Schmidt Subject: MSTU Revenues and Expenditures At our last meeting, the Committee expressed some concern about the equitable use of our receipts based upon the tax analyses prepared and presented by Mr. Bud Martin. As is well known, the largest part of our annual revenues has been allocated to landscape maintenance along Vanderbilt Drive. After general administrative expenses and engineering fees (WilsoMiller consultant contract), all balances have been credited to capital expenditures reserves. The general concern seems to be that the current landscape expenditures are not being funded by the primary beneficiaries. While I do not have historical data for our MSTU from inception, I have used Bud's "Taxable Summary - VB MSTU' dated May 6, 2003 and his "Vanderbilt Beach MSTU - Comparison of 2004 versus 2003 Tax Data to evaluate the current Fiscal Year, October 2004 to September 2005 as follows: Budget Landscape Maintenance $112,200 Engineering 26,874 All other 23.600 Total $162,674 Revenue Ad Valorem Taxes $716,400 Interest 7.500 Total $723,900 Per Bud's tax analysis, tax revenues from Vanderbilt Drive (East Finger Streets, Regatta and Vanderbilt) excluding the Dunes were 32% and 34% of the total revenues for 200S and 2004 respectively. Ifwe added the Dunes the revenues would increase to 42% and 44%. Using the lower figure, Vanderbilt Drive generates about one third of our annual revenues or about $235,000 this year. Accordingly, it is fair to say that the Vanderbilt Drive landscape maintenance is not subsidized, and in fact contributes to our accumulated reserves. In our reviews and discussions of various possible capital projects and reserve expenditures, Gulf Shore has always been a priority, with particular emphases on an east side sidewalk. In FY 200S, we allocated some of our reserves for visible improvements along Gulf Shore and Baker Carroll Point. Some maintenance of these improvements will probably be required this Fiscal Year. Respectfully submitted, Lew Schmidt * The original memo was drafted on January 6, 200S. - _._-~,.,._. Joint Vanderbilt Beach Property Owners Associatio! 6 /1 And Vanderbilt Beach and Bay Association and MSTU Public Meeting Tuesday, January 25,2006 Minutes VBPOA President B.J. Savard-Boyer and VBBA President, Dick Bing called the meeting to order at 7:00 pm. They led everyone in attendance in the Pledge of Allegiance. The meeting was held at St. John the Evangelist Catholic Church. MSTU . Dick Lydon, Chairman of the MSTU opened the advertised MSTU public hearing. The major thrust of all the monies paid into the MSTU by all the property owners in the area is utilities. A large portion of the annual budget of the MSTU goes to the Collier County to administer the MSTU, and water. 2005 projects to date: The MSTU so far since it inception has built up a little more than two million dollars. Members of the MSTU in attendance were introduced. Many members of the MSTU have been meeting with officials trying to get some traction for this issue. Other areas of concern and improvement in the neighborhood: plantings on Vanderbilt Drive, an area across from the Ritz on Vanderbilt Beach Road, some work on Blue Bill Avenue, sidewalks on Gulfshore Drive. We continue to ask about bike paths especially north on Vanderbilt Drive near the bridges, bench replacement, sign and poles are on hold. Interest on our money in our county account is being looked at. Getting General Fund money for utility line burial in the county is not going to be an easy task. A letter which will report on the MSTU will be sent to all taxpayers in the Vanderbilt Beach MSTU in the spring. Meetings are open to the public and held the first Thursday of every month at 2:00pm at St. Johns. Lew Schmidt, a member of the MSTU and a said the emphasis of the MSTU is beautification of the area and burying the lines needs to be done and we need to start on Gulfshore Drive. Power lines need to be done before landscaping and sidewalks. There has been some work done on Baker Carol Point and at the comer of Bluebill and Gulfshore Drive. What Hurricane Wilma destroyed will be replaced. Carol Wright, a member of the MSTU reported that a sidewalk will be put in on Gulfshore Drive. MSTU Chairman Dick Lydon answered a budget question. Fiscal 2006 the county will collect $844,000 for our MSTU. The 2006 budget is $147,000 $42,000 water and sewer, $21,400 county staff, $21,000 county tax collect $10,500 property appraiser, $25,000 held in reserve for a partial payment for FPL project study. The difference between the revenue and budget will be added to our MSTU reserve fund. There is a state regulating agency which controls which power company supplies which areas of the state. We do not have a choice; FPL is our supplier of electricity. Dick Lydon talked to park and recreation regarding the new sign in Conners Park. Member wanted the MSTU to look at beautification along the southeast side of Vanderbilt Drive. Dick Lydon entertained a motion by a member of the MSTU to end the MSTU meeting portion of the meeting, second by Bud Martin; all MSTU members were in favor. Respectfully submitted, Susan Stiefel Secretary VBPOA , - .. 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(.) oOOl~oowoC:.n Ole N OO~WO>OOCJ'l~ . - VANDERBIL T BEACH BEAUTIFICATION 16/1 MSTU MONTHL Y ACTIVITY - JANUARY MEETING REPORT Title Sub-Title Amount Other Contractual CLM - Ins. $273.54 Other Contractual CLM - GM 1/2 of Dec. $345.001 Other Contractual CLM - GM 1/2 of Dec. $1,750.16 Other Contractual CLM GM $1,044.00 Other Contractual CLM - Inc $547.08 Total $3,959.78 Hurricane Wilma CLM - clean UD service $11,076.06 CLM - clean up service $334.00 Total $11,410.06 Electricity FPL 8.72 Total $8.72 Water & Sewer CC Utilities $2,373.76 Water & Sewer CC Utilities $2,635.66 Total $5,009.42 Sprinkler Maintenance John Deere $35.27 Sprinkler Maintenance John Deere $580.30 Total $615.57 Insurance County f700.00 Total $700.00 Totallnv. Paid $21,703.55 P.O History Emergency - Wilma elM 11,874.00 ,.- _._- Fiala Halas Henning Coyle Coletta MEMORANDUM HE(:;Ei\/ED DATE: February 16,2006 FEB '6 2(\\)6 Board of County Commissioners 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 January 18, 2006. In addition, the minutes of the Operational Efficiency and Effectiveness Subcomittee minutes of October 13, 2005 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 [act'1 COmlYt d COPV@ Leo Oehs, Deputy County Manager Crystal Kinzel, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director Jeremy Giles, EDC ';1iSC Caffes: Collier County [)ate:~p Office of Management and Budget 3301 Tamiami Trail, East Item#: , ~ I I C-lQ. Naples, FL 34112 Voice: (239) 774-8973 C"J:'s to: Fax: (239) 774-8828 , 1611 Collier County Government. Productivity Committee Agenda January 18, 2006 2 P.M. I. Introduction A. Opening Remarks B. Approval of December 21,2005 Productivity Committee Meeting Minutes C. Acceptance of January 13, 2006 Park Impact Fee Subcommittee Minutes II. Old Business A. Affordable Housing Issues-Jim Van Fleet III. New Business A. Report from IT Directors related to Hurricane Wilma and Collaborative Efforts (Barry Axelrod, Harvey Lewis, Lynn Mason) B. Parks Impact Fee Review Update-Syd Blum C. Discussion regarding the selection of chair and vice-chair D. Permitting Process-Joe Schmitt IV. Comments/Suggestions V. Adjourn The next meeting is scheduled for Wednesday, February 15,2006, at 2 p.m. in the County Manager's Front Conference Room on the 2nd floor of the W. Harmon Turner Building (Administration Building F). __mM 16/1 COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes - January 18, 2006; 2 p.m. Members Present: John Barlow, Larry Baytos, Syd Blum, Dex Groose, Steve Harrison, Joe Swaja, JimVanFleet and Janet Vasey. Members Absent: Helen Philbin and Matt Hudson Liaison: Commissioner Coletta was not present. County Staff Present: Kim Grant, Senior Management and Operations Consultant; Michael Sheffield, Assistant to the County Manager; and Barbetta Hutchinson, Office of Management and Budget; Carol Golightly, Finance Director of the Sheriffs Office; Crystal Kinzel, Clerk's Finance Director. The following persons were representing CDES: Joe Schmidt, Administrator; Bill Hammond, Director, Building Review and Permitting; Bill Lorenz, Director Environmental Service; Stan Chyanowski, Engineering Review Manager; Tom Cook, Director, Engineering; Susan Murray, Director Zoning; Michelle Arnold, Director Code Enforcement; Lisa Koehler, Public Information Coordinator. Guests Present: Brad Boaz, Productivity Member Appointee; and Co1een Kvetko, Productivity Member Appointee. I. INTRODUCTION Approval of Minutes from the meeting on December 21. Dex Groose had some changes to the minutes. Syd Blum made the motion to approve with said changes, John Barlow seconded. The group unanimously approved. Acceptance ofthe Park Impact Fee Subcommittee meeting minutes from January 13. Janet Vasey motioned to accept, Jim VanFleet seconded. The group voted unanimously to accept. II. OLD BUSINESS Affordable Housing Issues. Jim Van Fleet reviewed a report he prepared with the group. Larry Baytos questioned whether or not the Productivity Committee has the authority to review this subject without the permission of the BCC. Steve Harrison asked about the request from the committee for a listing of publicly owned land and Mike Sheffield said that information was contained in the packet for this meeting. Syd said that the group should put this on the agenda ofthe first meeting with Commissioner Coletta. Janet said it is time for the preparation of the work plan for next year, so the group could include Page 1 of3 - I 16/1 this on the work plan. Joe said that the group could be very useful by putting forth ideas, recognizing pitfalls and opportunities in this area, not necessarily by solving the problem directly. He also suggested that this issue is not going to simply go away and it will be back when it comes budget time. ~Mike said he will talk to Jim Mudd and Commissioner Coletta for proposed topics for the work plan for 2006. He said the committee can add items to the plan or reject items they feel they are not qualified to do. John said because the Operational and Effectiveness Initiative requires so much time and involves so many areas ofthe county, it should be completed before any new projects be started. Joe suggested that the committee submit Jim's paper to the BCC as staff work. Janet motioned that the issue be put on the agenda for the next meeting so that the group can ask questions and have further discussion before they send it to the BCC. Syd seconded. The group unanimously approved. ~ Mike will put the issue on the agenda for next month. III. NEW BUSINESS Report from IT Directors related to Hurricane Wilma and Collaborative Efforts. (Barry Axelrod, Harvey Lewis and Lynn Mason) - John introduced the gentlemen giving the presentation and said that they would be discussing the cooperation and collaboration between themselves and IT issues experienced during Hurricane Wilma. There were many areas were the groups were initiating efficiencies between the offices of Clerk of Courts, the BCC and the Sheriff. There were new systems on-board and in progress that have the potential of saving a great amount of data input duplication, by passing on and capturing information electronically. They each told the group that there is a great amount of cooperation between the groups and the problems they have are strictly technical. Also, there are many state and federal legislative restrictions making the exchange of some information difficult. The group discussed difficulties that arose during the hurricane and decisions have been made to rectify them for future storms. Overall, they feel they did a good job of keeping the County up and running during the crisis. The only major problems they had were keeping the AC going in the computer rooms. They also told the group they are having monthly meetings with department IT heads to discuss problems and streamline future collaborations. Parks Impact Fee Review Update. - Syd Blum told the group that Janet and he met with Paula Fleishman and Amanda Townsend of Parks and Rec. Janet and Syd want a few questions answered by the consultants regarding Parks and Rec before they agree with their recommendations regarding the impact fees. Janet said it looks like an excellent study. This issue will be revisited on the agenda for next month. Selection of Chair and Vice-Chair for 2006. After some discussion, the group voted Jim Van Fleet for Chairman (motioned by John, seconded by Janet. The group unanimously approved). The group voted Janet Vasey for Vice Chair (motioned by Syd, seconded by Jim. The group unanimously approved). Page 2 of3 16/1 Permitting Process. - The Directors from each department in CDES introduced themselves and gave an overview of their responsibilities. Joe Schmitt gave a Power- Point presentation showing the permitting process, the organization of the department and key business drivers. He said that through enforcement of the land development code and the growth management plan that his department is trying to improve the quality of life in Collier County. He discussed each ofthe departments and their responsibilities. Numbers were discussed regarding the quantity of permits issued. Syd asked what was the most common problem was in obtaining a permit. Joe answered by saying errors in the application or incomplete application information was the number one cause of rejection. Most permits need to be reviewed 3 or 4 times in order to get a permit issued. The group was also given an overview of build-out issues throughout the county including road and water issues in the estates. Steve asked about the new software system. Joe said that he expects it to improve efficiency in their operation. Joe Swaja asked when it would be in place. Joe answered by he hopes to have it up and running by late summer. Discussion was made regarding the independence of building codes and fire codes. Both groups must be satisfied before the review can be finalized. Attendance Policy: The group discussed Matt Hudson and his lack off attendance at the last three meetings. Steve said there is a big agenda this year and everyone needs to participate, so he motioned that the group should write a letter to the BCC informing the Board of Matt's excesses absences. Jim seconded and said he would compose the letter. The group unanimously approved. Letters of ap?reciation: Jim suggested that the group send letters to Joe, Dex and Helen in thanks of their participation and dedication to the committee over the past years. The group agreed. ----+Jim will prepare the letters and send to Mike Sheffield. Adjournment: The meeting was adjourned at 5:15 p.m. Next Meetin!!: The next meeting of the Productivity Committee is scheduled for Wednesday, February 15, at 2:00 p.m. This meeting will be held in the County Manager's Conference Room on the 2nd floor ofthe W. Harmon Turner Building (Administration Building F). Page 3 of3 , Fjl r .. '7LtO /~i'e11-1 f )/0. ,I, \ 6) \ 0,; ---. ~ \ { l 1 "...t (' , i I It"' f , \../ . ..) ( ~) tAl M) c' ~ Ilt, J ' 'I"-t ' L::;; 1 -{ \ \ I f,;, COLLIER COUNTY PRODUCTIVITY COMMITTEE MINUTES OF MEETING OCTOBER 13, 2005 Attending: Joe Swaja, Syd Blum, John Barlow, Steve Harrison Crystal Kinzel, Len Price, Carol Golightly, Greg Smith, Gail Addison, Harvey Lewis and Mike Sheffield Purpose of the meeting was to discuss a Presentation of Administrative Efficiency Recommendations scheduled for presentation to the Board of Commissioners and the Constitutional Officers November 9, 2005 The theme of the Presentation is to agree upon areas of collaboration that will benefit all Agencies in the functional areas of Finance, Information Technology and Human Resources. Three areas were tentatively identified by those subcommittee members in attendance as warranting further study: Recruiting-The possibility of consolidating recruiting for all County Agencies was discussed. The scope of this work would include all advertising, all web site po stings, all screening of applicants and the distribution of Collier County benefit information to applicants. Hiring managers would have to supply copy for advertisements, specify the screening to be done, and select the screened candidates to be interviewed. The hiring managers would have to provide feedback to the central facilitator on the screened candidates for recordkeeping and possible consideration for other open positions. The subcommittee agreed that this idea should be studied further. Wage & Salary Administration and Performance Measurement- The possibility of standardizing and centralizing these policies and practices across all agencies was discussed. A possible solution discussed by the subcommittee was to centralize these responsibilities under BCC Administrative Services Division. This Division now has formal practices and procedures covering job evaluations using their Archer evaluation methodology, conducts community wage surveys and recommends pay ranges for all positions in the Board of Commissioner Agencies. Standardized position evaluations would presumably include specifying the types of qualifications needed by incumbents and candidates and the types of pre-employment screening required. Not discussed, but a possible addition to this, may be the coordination of Employee Performance Evaluations and the maintenance of a County-wide data base of employees that are able to be promoted and transferable among County Agencies. Accounts Payable- We discussed further centralization of invoice routing, seeking appropriate approvals via e mail from users, and paying vendors electronically wherever possible. Also discussed were processing all purchasing authorizations, accounts payable processing and po stings to ledgers through a single financial system to eliminate the need for other similar systems in each Agency. The subcommittee agreed that this had some merit and warrants further study. More discussion on these topics should be expected in the weeks ahead. V-"'l'V"' . 16/1 ....., Memorandum To: Sue Filson From: Shirley Garcia-Code Enforcement Phone: (239)213-2994 Date: February 24, 2006 Subject: Code Enforcement Board Hearing Minutes for January 26, 2006 Ms. Filson: I am sending a copy ofthe Minutes from January 26,2006 for your records. Thank you, Shirley M. Garcia Operations Coordinator - Code Enforcement J (239)213-2994 office (239)403-2343 fax ~i=:=s ~__. Henntng~ Coyle- Coletta.- ---- Mise. Cones: Date: b0 -l t-D ~ ltemt. tlo I lL.1 L Code Enforcement Department Copies to: Community Development and Environmental Services ,....,..._.."'-,-,- ^.,,----~.~.,,".. - ---..-.,-..- -,' .-.._" _.- '" '. 16/l ., January 26, 0061 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, January 26, 2006 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:30 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Raymond Bowie Richard Kraenbring Jerry Morgan Sheri Barnett George Ponte Larry Dean Justin DeWitte Gerald Lefebvre (absent) Also Present Jean Rawson, Attorney for the Board Steven Griffin, Assistant County Attorney Michelle Arnold, Code Enforcement Director Patti Petrolli, Code Enforcement Supervisor Page 1 ,"----,- ,,--- ',._..'.",.,^""""...'''_.''''"..,..."..~.~,._.,.., Jan1~J, 106 " CHAIRMAN BOWIE: I'd like to call to order this meeting of the Collier County Code Enforcement Board of January 26, 2006. Let all please take note of the following: 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. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Further, to make sure we can get as clear a verbatim record as possible, that the Board, the county, the respondents and any speakers will need to be recognized by the Chair before they can speak. And that will hopefully insure that two or three people are not speaking at once, and we can get a clear and verbatim record. Thank you. Before our roll call of the membership, let the record also reflect that Mr. Clifford Flegal has resigned as a member of the Board due to his relocation from Collier County. As Mr. Flegal had served as Chairman of the Board, as vice Chairman, I will now be serving as acting chairman. Certainly on behalf of the Board we wish to, for the record, also commend Mr. Flegal for his many years of service to Collier County, to this Board and as our Chairman, and we wish him well for the future. May we have our roll call, please? MS. PETRULLI: Good morning. For the record, Patti Petrolli, supervisor, Collier County Code In Enforcement. Sheri Barnett? COMMISSIONER BARNETT: Here. MS. PETRULLI: Richard Kraenbring? COMMISSIONER KRAENBRING: Here. MS. PETRULLI: Gerald Lefebvre. I don't show an excused absence for Mr. Lefebvre. Raymond Bowie? Page 2 -.---..--..,-- --"...,--"'~,....~ .,. ,._--_.--~- Jamt66/ 2}06' , CHAIRMAN BOWIE: Present. MS. PETRULLI: Justin Dewitte. COMMISSIONER DEWITTE: Present. MS. PETRULLI: Larry Dean, COMMISSIONER DEAN: Here. MS. PETRULLI: George Ponte. COMMISSIONER PONTE: Here. MS. PETRULLI: Jerry Morgan. COMMISSIONER MORGAN: Here. MS. PETRULLI: Thank you. CHAIRMAN BOWIE: So in the absence of Mr. Flegal and the absence of one of our regulars, both of our alternates will be empowered to vote at this meeting. Welcome. Thank you for being here. We have a quorum. Approval of our agenda for this meeting. Any changes or corrections, please? MS. ARNOLD: Yes. For the record, Michelle Arnold, Code Enforcement Director. We have a motion that has been submitted to the department, a motion to set aside for the Savignano case. And that needs to be added to item number SA. And we have a stipulation, which is the case number 2 on your public hearings. Case number 2005-36, so that would be heard after that motion. And there has been a request to move item 6B -- excuse me, 6A6, which is Board of County Commissioners versus Guadalupe Campbell after your stipulations. So, whatever the pleasure of the Board is on that particular item. CHAIRMAN BOWIE: Okay. To do that would require us to, as a Board, vote to amend the agenda as well as waive the rules, which sets forth the order of agenda items. Is there a motion to do as has been requested? COMMISSIONER PONTE: I'll make a motion to approve the changes. Page 3 ,-, , ~-"- ""'"..._.~-~~-". JJa~2t,106 COMMISSIONER BARNETT: I'll second it. CHAIRMAN BOWIE: Any discussion? (No response.) CHAIRMAN BOWIE: All in favor of the motion? CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? Motion passes. So, my understanding then is that the request for imposition fines and liens in the case of Guadalupe Campbell is going to be heard by us immediately after the first stipulated case. MS. ARNOLD: Correct CHAIRMAN BOWIE: Very good. Thank you. Another item on our agenda, just for informational purposes at this point -- you'll see it on your agenda -- Election of officers. This is just for information at this point. As you know, members of the Board elect from among our members the Chairman and Vice chairman. This is done at our March meeting. And this is just a heads up for that. We're not going to proceed further with it of course today. Next agenda item, approval of our Minutes from the last meeting, which was back on November 18,2005. They have been electronically distributed to us. Any changes to the minutes of that meeting? Hearing none, is there a motion to adopt the minutes of the November 18,2005 meeting? COMMISSIONER BARNETT: So moved CHAIRMAN BOWIE: Is there a second? CHAIRMAN BOWIE:: I'll second. CHAIRMAN BOWIE: Any discussion? Page 4 '---'-.-- ~~,;-----~.,..., . 161\'., January 6, 2do6 (No response.) CHAIRMAN BOWIE: All in favor of adopting the minutes? CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? (No response.) CHAIRMAN BOWIE: Minutes of the November 18th meeting are adopted. We'll now open our public hearing. The first of these is contested cases on the agenda to which there's been a stipulated agreement. Michelle, would you call the first of those? MS. ARNOLD: Mr. Chairman, the first item actually is a motion to set aside, which you should all have a copy of. It's on case number 2005-28, Board of County Commissioners versus Patricia E. Savignano. CHAIRMAN BOWIE: Motion to set aside fines and imposition? I thought we moved Guadalupe Campbell up. COMMISSIONER BARNETT: No, this one was first. CHAIRMAN BOWIE: We haven't made any motion. COMMISSIONER BARNETT: We did this motion and then you go to your stipulation. Guadalupe is after the first stipulation. CHAIRMAN BOWIE: No, The first motion is motion to continue. This is not a motion to continue. COMMISSIONER BARNETT: They had it moved up. MS. ARNOLD: Yes. I asked to amend -- there weren't any motions to continue. There was a motion, however, to set aside and ask that we hear that particular item first. The board would consider whatever the counsel representing the Savignanos would have to Page 5 ---- ~--'-"'""-;'-<~" ' ,.,.-,. t6all, ~ request. CHAIRMAN BOWIE: Let's put that -- I don't believe that was encompassed in the previous motion. COMMISSIONER BARNETT: It was. CHAIRMAN BOWIE: I have Campbell. COMMISSIONER BARNETT: No. CHAIRMAN BOWIE: Was it the understanding that we're going to hear this now? COMMISSIONER BARNETT: Uh-huh. COMMISSIONER DEAN: I thought it was Campbell too, so-- CHAIRMAN BOWIE: Well, there was some misunderstanding. MS. ARNOLD: Okay. Well, I did indicate that Savignano was the motion that was going to be added, as well as there was a stipulation for the 2005-36, and then Savignano would be heard after that. CHAIRMAN BOWIE: Does the board have any objection to hearing what is a motion to vacate a previous order of the board in the case of Patrice Savignano at this point? Any objection on that? Hearing none, we'll hear it. Is there a representative of the respondent here present, would you come forward, identify yourself, your capacity in which you represent them, and your address, please. MR. BRANDENBURG: Good morning. My name is Gary Brandenburg. Thank you very much for amending your agenda today to hear our matter. I'm an attorney and I represent the Savignanos. Actually Pat Savignano, who owns the property. I am from North Palm Beach, Florida. My address is 660 US Highway One, North Palm Beach. And it's a pleasure to be here in Collier County this morning. And I have filed a motion to respectfully request your consideration to set aside a previous order of this Board. And the grounds for that motion are set forth in it. And let me go over it briefly with you. The Savignanos were charged with violations of Page 6 --,~_....,..... ""~....___.-,_,;<,,,,,,",..~~.h', 19'1 ~. January 6, 2 6"" your codes with respect to the alleged improper clearing of some slash pines on their single family residence. The evidence will show if you grant our case, our request, that the Savignanos did everything they knew of to try to comply with your codes, in that they obtained the appropriate building permits to construct their home, obtained the appropriate building permits to construct the large shed on their site, obtained a letter of exemption with respect to the lake that was excavated on their site, and also obtained an exotic vegetation removal of permit for the site. And this particular area when they, in fact, removed the exotic, there wasn't a heck of a lot left. And consequently, your staff questioned the building permit, questioned the excavation permit, and questioned whether or not they had the appropriate permits to take down what were mostly dead slash pines. And, in fact, the evidence will show the very first entry by your staff in their log establishes that of the pines that were taken down, at least 50 percent of them were already dead and the others were in the process of dying. So, based on all that and coupled with the fact that Mr. Savignano at the time had just gone through a quadruple bypass surgery for his heart and was very ill. They had, not knowing your process, come before the Code Enforcement Board, and you have to acknowledge that it's not always an easy process for people that are not learned in it. They came before you and they were told that the quickest and easiest -- actually, Mr. Savignanos was told that the quickest and easiest way for him to get rid of all this problem was to sign a stipulation. And the stipulation called for him coming up with a plan and doing some mitigation. He was under the mistaken, all be it we agree mistaken on his part, understanding that that would require him to come up with this plan and maybe replant 50 or 60 small pine trees. So he signed the stipulation. The owner of the property, Mrs. Savignanos, was not present. She did not sign the stipulation, nor did she consent to it, but the stipulation was entered that day and all, low and behold afterwards when they went out and hired a professional to Page 7 ~."._.~------ -.._---..---'",..~~-'-- ..._,,~----, 16ft "2 January 26, 06' come in with a mitigation plan, they went through with what they thought they were required to do. And it now appears that the mitigation plan required by staff may require as much as $100,000 or more of plantings of very large extensive areas, We believe the facts will show that the mitigation, if any, that would actually have been required if this matter went to hearing, and we were to survey the actual areas and the actual trees that were taken down in light of the exotic vegetation removal permits that were in fact granted, that the real mitigation that would be required, it would be much, much, much less than that. So, in light of all those facts, and understanding that Mr. Savignano was one, ill, perhaps a person representing him at that time may not have understood or explained to him whether he was, in fact, guilty of these charges or not, is misunderstanding of the stipulation. And in my view, anyways, what I would think would be really an equitable situation here, that to promote equity and really justice in your Code Enforcement matter, that you should allow him the opportunity to have a hearing and to present this evidence to you. We would respectfully request that you allow that. Now, Mr. and Mrs. Savignanos, as well as their hired professional, Mr. Clentz, are here today, and would be pleased to testify now with respect to what their understanding was at the time this stipulation was enter into on their part, if you desire to have that testimony. If you would -- the way I see it, nothing is lost here by giving them the opportunity to present their case to you as to the true facts in the matter. And, if anything, you know, the purposes of Code Enforcement, of getting to the true facts, making sure the codes are enforced properly, and imposing appropriate fines would be better served under this situation, if you were, in fact, to allow them to have a hearing on the matter. Nothing is lost by doing so. The trees that are allegedly the subject of this, of course, are already gone. If after the hearing you determined that they're in violation, you certainly still Page 8 . "",;",--..,-..".-..,",.----,. .,._>....,.....~_...~-.".,. Janul ~,!cl ~ have all the rights to impose whatever penalties, and that you might find to be appropriate. So, my request really does not put Collier County in jeopardy at all and only would further promote the real finding of the truth, and an appropriate penalty or mitigation plan. So, we would respectfully request you do that. If you want actual testimony to back up what I've told you today, we certainly can put the Savignanos under oath and ask them to say that. Thank you, sir. CHAIRMAN BOWIE: Are there any questions of the respondents counsel? COMMISSIONER BARNETT: I don't have a question, I just have one comment. And it's, generally just as you are representing them, they had an attorney, and Mr. Savignanos was here. So he was representing them so when they signed the stipulations, he was representing his wife. And we always ask the person when they sign the stipulation, if they have permission to represent. So with the attorney and Mr. Savignano here, she was being represented. That's my only comment. MR. BRANDENBURG: And I'm not questioning any of your motives or the fact that you go to great lengths to insure that everything is done fairly for all the residents of Collier County. I'm just suggesting that under this particular circumstance and the attorney, in fact, as you see in the Affidavit may have had some other things on their mind at the time. That you might find it in your best discretion to allow this case to be presented to you. As I said before, you really have nothing to lose by doing that. The only thing that you can gain is furtherance of the truth of what actually happened. CHAIRMAN BOWIE: Any other questions of respondent's counsel? MS. ARNOLD: Mr. Chairman, this case was heard in July -- July 28, 2005, and you all entered into an order at that particular time, and according to rules and regulations, the respondent would have 30 days on the issuance of that Order to request a rehearing. We do have Page 9 '~__-=-.u..,."'.~ ^."."~-",._." ..,._~~--. . ",.,~~- 1611 '. January 26, 2 6 . . Steven Griffin here from the County Attorney's Office. I don't know if Steven wants to add any other items regarding what's legal. CHAIRMAN BOWIE: Yes, sir. Would you please identify yourself and your office? MR. GRIFFIN: Mr Chairman, my name is Steve Griffin. I'm with the Collier County Attorney's Office. I have reviewed the matter that we're discussing, and I would concur with Michelle Arnold on that point. It is in fact a matter of state law that the party has 30 days in which to appeal. And there's pretty clearly, what they have to do to appeal is not come back before you all. It's to go to the Circuit Court and ask that that Order be reviewed. It's pretty clearly been way longer than 30 days. It's been more like seven or eight months now. And there is case law from Florida that basically says late is late. So you have 30 days to do something. I also see in the materials here that there's no suggestion that the attorney was somehow precluded from being able to adequately represent his client. Although he may have had some problems. Doesn't necessarily tie it to this particular matter so, I would suggest that unfortunately, we may be talking about a situation where the appeal, or the request to revisit this case, is a little too late. CHAIRMAN BOWIE: Any questions of the county representative? Any discussion on the request to vacate the previous order and stipulation and to rehear this case de novo, I would assume. Any discussion from the board? COMMISSIONER BARNETT: We've never done it in the past when it's past the time. I hate to set a new precedent. I understand their concerns, but they have a channel to go through. COMMISSIONER PONTE: I guess I need some clarification as to what that channel is. Is it circuit court? COMMISSIONER BARNETT: Yes. CHAIRMAN BOWIE: We have in our own rules, as well you should be aware, Article Nine -- I believe it's paragraph P, and it does, Page 10 " c _~,,,"~,.~,__.,..w....,,,~'_'_ ,.....~--,,--" 16/!', January 26, 2 06 4 in addition to the 30 day period for appeal to the Circuit Court, also allows a party to request a rehearing of an order. It says a party may request a rehearing of the Board's order based on the grounds the decision was contrary to evidence, or the hearing involved an erroneous ruling of law, within 20 days from the date of mailing of the order to the respondent. No request was made within that time frame either. So we need to be, I think, mindful of that. Is there any motion? COMMISSIONER PONTE: My feeling is that the estimate and the cost of it to come into compliance is not -- was not what I intended or envisioned in this case. If there's a way to continue -- after all, the stipulation has been made. There was no request for review. If there's a way to maintain that and then to address the remedy, I'd like to do that. If not, I think there's no other option, but the respondent would have to take it to Circuit Court. CHAIRMAN BOWIE: Yes, sir. Do you wish to respond? Please just identify yourself again for the record. MR. BRANDENBURG: Yes, this is Gary Brandenburg again. And as your Assistant County Attorney has indicated, that 30 day period, I believe would prohibit us now to go to Circuit Court. And the County Attorney's Office would probably argue that that was too late as well. I don't want you to think that there is a remedy to go to Circuit Court here when there isn't a remedy for these folks. COMMISSIONER BARNETT: May I ask a question as to why they didn't come back sooner? MR. BRANDENBURG: Health issues, and just not realizing that the problem was as significant as it was. It took them some time to bring on their expert, and it took their expert time to come up with the plan and submit it to the county before they recognized that the amount that they had inadvertently agreed to was so out of line with their anticipations. By that time, you know, both your rehearing period was long since past, and 30 day period was past. And then, Page 11 ~~.-.. '~'-""'._'-"^ ---.-.-..,. r ~-"- ,---.- 16/1" January 26, 2006 frankly, it took him some time to find a replacement attorney. They came all the way over to North Palm Beach to find someone that had some additional experience in Code Enforcement matters to assist them. And, you know, these are good residents of Collier County. It's not as though they had flagrantly tried to violate your rules, which is evident by their efforts to maintain the building permit, the excavation exemption, and the exotic removal. You know, they had dead trees. Dead pine trees, which is not something that is unique to their property, throughout all Florida now because of the, you know, variety of hurricanes that have damaged them, as well as the beetles and other things. They're dying all over the place. They just didn't realize it. And $100,000 plus all attorney fees and expert witness fees as a result. You know, this property could have been divided into four single family lots. All four of them could have gotten the building permits to basically allow them to clear cut the whole property. And, you know, it's just as a result of them wanting to have a larger piece. And in their attempts to follow the rules, they sort of got snagged up here on this. And, you know, they came into Code Enforcement trying to resolve the matter and unbeknownst to them, they signed off on something that was just way, way out of line with anything that they had imagined. COMMISSIONER BARNETT: This is probably off, but when did they hire their expert? MR. BRANDENBURG: I don't know. Let me ask them. (Unknown speaker) About a week after the stipulation was signed. CHAIRMAN BOWIE: Any other questions -- COMMISSIONER PONTE: Yes. CHAIRMAN BOWIE: -- directed to the county or to the respondent? MS. ARNOLD: I don't know, I mean, really this counsel was providing some testimony on what happened. You didn't have an Page 12 c".,.,'_.____c.~__~....'^..,. ._,,~~.._-- 16/1 .- January 26, 2006 opportunity to hear from the investigator to show what efforts she took at the time to try to get them to come into compliance. This issue started a year prior to it actually coming to this Board. So, there's a lot of argument, he's absolutely correct that you did not hear. And you're hearing his side right now. Whether or not we're going to go through a whole evidentiary hearing, is a decision that you all have to make. CHAIRMAN BOWIE: We need to make that decision now. In order to hear any more facts, evidence, testimony in this, we would need to grant this motion to set aside our order back on July 28th, vacate it and hear this De Nova from scratch. Is there any motion to that effect? COMMISSIONER PONTE: I'm concerned about the precedent we're setting. With all the -- late is late. That's a state law. And we're -- just to override that, I just think we're on thin ice. MS. RAWSON: Thirty days is the deadline to appeal any order. He does have other remedies, you know, like a motion for reduction in fines or abatement of fines. But this is not a remedy that I think legally you can give him to set aside the order because it's untimely. COMMISSIONER KRAENBRING: There's a comment that if there isn't a remedy in Circuit Court because of the time has elapsed to file that appeal, would that be correct, or is that just an assumption? MS. RAWSON: That is correct. COMMISSIONER KRAENBRING: That is correct. There is no remedy in Circuit Court? MS. RAWSON: There is not. COMMISSIONER KRAENBRING: Okay. Thank you. COMMISSIONER BARNETT: Well, at this time, only because I don't want to set a precedent and because it is state law, I'm going to make a motion that we decline this request. CHAIRMAN BOWIE: There is a motion on our part to deny respondent's motion to set aside the order in the Savignano case. Is Page 13 "'._____~".^,u'._.. ... -'~""~.__........"..,.>."-. <----- 16/1 '" '. , ~ January 26, 2006 there a second to that motion? COMMISSIONER PONTE: Before we take that vote, what is -- CHAIRMAN BOWIE: Well, I need to know if there's going to be a second, and then we can have discussion. COMMISSIONER DEWITTE: I'll second it. CHAIRMAN BOWIE: Now we can have discussion. COMMISSIONER PONTE: I think we have to explore the remedy here. What can be done? Ifwe take this vote and we, and it passes, then what happens? COMMISSIONER BARNETT: Jean says they have the right to come back and ask for abatement of fines. COMMISSIONER PONTE: Of fines. But it's not really. CHAIRMAN BOWIE: The fine is not of concern. COMMISSIONER PONTE: It's not the fines. CHAIRMAN BOWIE: It's the cost of what they agreed to do. COMMISSIONER PONTE: It's not the $100,000 plus to come into compliance. COMMISSIONER BARNETT: I think our hands are tied because of the state law. They are late. That's not our fault. MS. ARNOLD: Well, their landscape architect, I believe, has an opportunity to meet with our environmental staff and discuss what mitigation is being proposed. I don't think that that meeting has ever happened. I don't know what is being proposed for revegetation on that property, you know, so -- CHAIRMAN BOWIE: We don't want to get into that. We're not going to hear anything about the facts of that matter or mitigation that might be available. COMMISSIONER PONTE: Mr. Chairman, if that being the case, could we then continue this to another date, giving the parties time to talk with an expert and see what another mitigation cost might be? MS. RA WSON: If I might, if you look at the motion that's Page 14 ~~~-<-"^ '''.____.c.,._.'._''.. -.-<<"--- -~._-~--'" 16/1, ~ January 26, 06' before you, it is entitled motion to set aside order and to set matter for hearing or in the alternative, an order granting the postponement of the January 26th hearing for imposition of fines. So he's got really two motions here. And you can vote on them separately because you've only got a motion on the floor -- you've only got a motion on the floor to vote on his motion to set aside or vacate the order. But he does have two motions, and the second one is for a continuance of the hearing on the imposition of fines. So you should also vote on that one after you vote on this one. CHAIRMAN BOWIE: Let's proceed to vote on the motion to set aside the order. All in favor, please say aye. This is to deny the -- to setting aside the order and rehear it. All in favor of denying that, please say aye. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Those in favor of granting the respondent's motion? (No response.) CHAIRMAN BOWIE: The motion is denied. There is in conjunction with this a second motion conjoined with this that we issue an order to postpone the hearing which is scheduled today to impose fines and! or liens in this particular matter. Did you want to address that, sir? MR. BRANDENBURG: Yes. I think that in line with some of the Board members' thinking, if you were to grant our motion to postpone the imposition of fines and liens, our expert could meet with your staff and try to sort through what is maybe more appropriate in Page 15 --~".~ -,--....--... -~..._---,,--- .......---- 1611 ~ January 26, 2006 the way of mitigation and hopefully reach an agreement on that. Prior to your imposition of the fme. And if that were the case, then perhaps I could then file another motion for reduction of fine, assuming that we're able to reach an agreement and my client progresses expeditiously to do the mitigation. CHAIRMAN BOWIE: My impression is that we could proceed with the hearing and imposition of fmes and liens, and the respondent could still come back subsequently for abatement. Is that not correct, Jean? MS. RAWSON: That is correct. CHAIRMAN BOWIE: So they still retain that right even if we proceed with the scheduled imposition of fines. COMMISSIONER BARNETT: I would rather give them a chance to meet with county before we actually go through that process so I would rather continue it. COMMISSIONER KRAENBRING: I agree. I think we're not here -- we're here to get the work done. And so considering there maybe some extenuating circumstances, I think that it's the best interest of both parties to allow them to meet with the experts and see what they can do. CHAIRMAN BOWIE: Does the county have a position on the postponement of our hearing today for fines or liens? MS. ARNOLD: We wouldn't have any objections to postponing this another month. CHAIRMAN BOWIE: Any other comment? COMMISSIONER PONTE: I'll make a motion that a continuation be granted for 60 days. COMMISSIONER DEWITTE: I'll second it. CHAIRMAN BOWIE: There's a motion and a second that the hearing for imposition of fines and liens in the case Board of County commissioners versus Patrice Savignano be postponed and held 60 days hence -- let's say 60 days at our meeting two months hence of Page 16 ^-'-"'--"'~'.,."",",- '-..-.-.---..,-"'. .-.-.- 16/1 January 26, 2006 today's date. MS. RA WSON: What's the March date, Michelle? Do you know? CHAIRMAN BOWIE: This would be at our March meeting. MS. ARNOLD: Yeah, I'll tell you in a minute. COMMISSIONER DEAN: The 23rd? MS. ARNOLD: Yeah, the 23rd. CHAIRMAN BOWIE: Which would be at our meeting scheduled March 23rd. Any discussion on that motion? All in favor of the motion to postpone hearing of the imposition of fines and liens in this case until our March 23rd meeting, please say aye. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRlNG: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? (No response.) CHAIRMAN BOWIE: That motion passes. Thank you very much. MR. BRANDENBURG: Mr. Chairman, thank you very much. And I'm hoping we'll be able to resolve of all our issues. CHAIRMAN BOWIE: Up next item in our agenda is the stipulated matter. Is there someone here from the county that would present that stipulation, please? MS. ARNOLD: That would be John Olney. CHAIRMAN BOWIE: Would you identify yourself, sir, please, and your office. MR. OLNEY: Good morning. John Olney, Code Investigator, Collier County. Page 1 7 ..-..........--,.----......- h._.._" .,. .......~.,,-- -,,~.,---,-. Janu~ry ~6~ 2!O6 CHAIRMAN BOWIE: Would you please swear in, Mr. Olney. (Sworn.) CHAIRMAN BOWIE: Proceed, sir. MR. OLNEY: This matter involves a pretty large tract of land roughly sitting just west of the Boys & Girls Club on Davis Boulevard. If you're coming down Santa Barbara and didn't stop, cross Davis you'd run into this tract of land. Began in April of last year. It involved the storage of large machinery, body parts, tires. Just lots of items that should not be stored on undeveloped land. Entered into a stipulation with Mr. Robert Cadan representing Highland Properties of Lee and Collier County and the stipulation is as follows: Shall remove non-operational equipment, specifically a Hundai loader, by February 28, 2006 to include debris currently in dumpsters on site, or a fine of $50 a day until compliance is reached. Permit, Collier County Building permit number 2005-110712 covers remaining equipment on site needed for the job and removal of vegetative debris. Period. Folio numbers 0040800008 and 000407320008 are clear of liter and debris. This case involved three folios. The violation remains on one of the initial three. There was one change this morning that Mr. Cardenhedt had made on the stipulation that I just read to you. The first line states, shall remove all non-operational equipment. He objected to the word all. As I read it initially to you it says, shall remove non-operational equipment. He states that all equipment is -- or question, will be operational February 28th. And at this point there is only one that is not -- is in need of an engine. A back track hoe of some type. COMMISSIONER BARNETT: Excuse me, Mr. Bowie. I need to recuse myself, as I am related to the gentleman. CHAIRMAN BOWIE: Okay. Let the record show that Sheri is recusing herself due to previous relationship with the respondent. Thank you, Sheri. Any question of the county regarding this stipulation? Page 18 ~ -,_.. ~~"-,"""--,-,,,,--_.-., ""~-'--- Jlu~~J2oo6 MR. OLNEY: Sir, Pardon me. I might add that he also agreed to pay operational costs in the amount of $436.08 he incurred in the prosecution of this case. CHAIRMAN BOWIE: I see that here. Is there a representative of the respondent present? Would you identify yourself, sir, and your capacity representing the respondent, which is Highland Properties of Lee and Collier County as well as your address? MR. CADENHEAD: Robert Cadenhead, agent for Highland Property of Lee and Colllier, address is 3145 Cherokee Street Naples, Florida. CHAIRMAN BOWIE: Thank you, sir. Now when you say you're -- their agent, agent in what capacity? MR. CADENHEAD: Of the land as far as permitting, taking care of the land. We're certified to be the agent for the property. CHAIRMAN BOWIE: Do you have -- have you -- have they executed to you a power of attorney? MR. CADENHEAD: That's correct. I settled the other matter with the county as the agent, so -- CHAIRMAN BOWIE: I'm asking -- our rules require that unless you're an attorney, or in fact the respondent, or in this case one of the partners, which would be deemed representing the respondent, do you have some documentation of your agency to enter into this agreement? MR. CADENHEAD: We can supply that to the court. MS. ARNOLD: Mr. Cadenhead has been before the board, in fact, and represented the Highland Property of Lee and Collier County . CHAIRMAN BOWIE: I don't want to get a situation where someone comes here and on his say so he says I have authority to sign this thing, and then an attorney shows up later and says he did not have such authority. He misrepresented himself. He says he was an agent, but he was not an agent. Or his scope of agency did not encompass a power to enter into this kind of agreement. Page 19 ---,._--".._.....~ ".._,,~..."^.._.__...... . - -,..--."........... .......""--..- 16/1 January 26, 2006 MS. ARNOLD: Right. And Mr. Cadenhead, indicated that you'll provide us that -- MR. CADENHEAD: Yeah, I'll provide you that. CHAIRMAN BOWIE: Please. MR. CADENHEAD: Okay. CHAIRMAN BOWIE: Thank you, sir. Did you have any comment to make on the stipulation agreement? MR. CADENHEAD: No comment. We have a permit to be on the property and I agreed with the county of what we would do. CHAIRMAN BOWIE: Would we ask the secretary to retroactively to please swear in Mr. Cadenhead who will also be asked then to affirm the testimony he has rendered here today. (Sworn.) CHAIRMAN BOWIE: And Mr. Cadenhead, for the record -- you've been sworn in, you reaffirm everything you presented here today; is that correct? MR. CADENHEAD: That's correct. CHAIRMAN BOWIE: Including the scope of your agency? MR. CADENHEAD: That's correct. CHAIRMAN BOWIE: Thank you, sir. Any questions, comments from the Board as to the stipulation agreement? COMMISSIONER PONTE: Yeah, just a clarification. Are we talking about if this doesn't come into compliance, a fine of $50 a day, is that correct? Is that what you-- MR. OLNEY: Yes, sir. COMMISSIONER PONTE: I felt that was a little low for the amount of violations that actually exist here. And I'd like to suggest that the fine be $100 a day rather than $50 as stipulated. CHAIRMAN BOWIE: Any other comment regarding the stipulations agreement? (No response.) CHAIRMAN BOWIE: Very well. Let me ask the respondent-- Page 20 ---"~""""' -.-'."..-.... .", .. . .._~.."-,~."..._" . "'"......_."C_.".........~~.~_". L?J J, 2006 MR. CADENHEAD: I object to the $100 a day. I have a permit to be on the property from the county issued from the county. I agreed with the county to settle this at $50, and the stipulation is where we're at. In other words, this is what I agreed to. If I didn't have a permit to be on the property, then I would be at your mercy. COMMISSIONER PONTE: If you're going to clear it up and that's your intention, then what's the objection? MR. CADENHEAD: The objection is, I already entered into an agreement with the county. In other words, we worked it out. The $50 is -- CHAIRMAN BOWIE: Sir, we've got to point something out to you. That agreement is only a proposed stipulation. Until we accept it, you have nothing. And maybe you should understand that, sir. MR. CADENHEAD: Okay. CHAIRMAN BOWIE: Don't come in here and tell me you have a cut and dry agreement. You have nothing. MR. CADENHEAD: Okay. CHAIRMAN BOWIE: All right. Does the county have any concern, question, objection to increase of the fines? MR. OLNEY: No objection, sir. CHAIRMAN BOWIE: No objection. Is there any discussion, further discussion of this Board, either as to the amount of the fine or any other issue raised by this stipulation? George, are you putting that in the form of a motion, that the stipulation agreement be denied? COMMISSIONER PONTE: Well, the stipulation agreement be amended so that the fine is $100. CHAIRMAN BOWIE: I don't believe we can amend it in the absence of the agreement of the respondent. We would have to hear the case. COMMISSIONER PONTE: Then I -- we should hear the case. CHAIRMAN BOWIE: Okay. So then what you're proposing, what you're moving is that the stipulation agreement as presented to us Page 21 ,.---,.-,.",......,- .--.^."'.._--,.'-'~~~-^'- -~-,- --- 16/1 :, January 26, 2006 be denied, and the case be heard? COMMISSIONER PONTE: Yes. CHAIRMAN BOWIE: Is there a second to that motion? MR. CADENHEAD: Excuse me for a minute. To get this thing moving, I will accept with the county to initial the $100 because everything is going to be cleaned up within the period of time. So all it is is delay. I'll go over and sign the stipulation for the hundred dollars, and that's what you'll have. CHAIRMAN BOWIE: We have heard testimony from the respondent that he will, before he leaves today, initial a revision in the stipulation agreement for the fine to be raised to $100 a day in lieu of 50. With that being deemed part of the stipulation, is there a further motion to accept the stipulation as amended? COMMISSIONER PONTE: I'll move to accept the stipulation as amended. CHAIRMAN BOWIE: Is there a second to that? COMMISSIONER DEAN: I'll second that. CHAIRMAN BOWIE: Any discussion on the motion to accept the stipulation agreement as amended? Hearing none, we'll proceed to vote. Those in favor of the motion to accept the stipulation agreement as amended, please say aye. CHAIRMAN BOWIE: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Against? (No response.) COMMISSIONER KRAENBRING: No. COMMISSIONER BARNETT: Abstain. CHAIRMAN BOWIE: One against, and Sheri has recused herself. The motion passes, and the stipulation agreement as amended Page 22 --_._~"^",..,,, O".____~~.-~---., --,._~,- .~ .,....,,, 16/1 " January 26,2006 with $100 a day fine is accepted. Thank you. MR. OLNEY: Thank you, sir. CHAIRMAN BOWIE: The next case we will call in the order of hearings would be -- are there any other cases of which there is a respondent present? CHAIRMAN BOWIE: We'll then move to the Guadalupe matter. The Board of County Commissioners versus Guadalupe Campbell imposition of fines and liens. Do we have a representative of the County? Please identify yourself, sir, and your office. MR. MAZZONE: For the record, I am Dennis MAZZONE, Code Enforcement Investigator for Collier County Government. CHAIRMAN BOWIE: And we have a representative here present for the respondent. Would you identify yourself, your capacity and your address, please, sir? MR. FERGUSON: Yes, Mr. Chairman. My name is attorney Tim Ferguson. I represent Guadalupe Campbell. My address is 4265 Bonita Beach Road, Bonita Springs, 34134. CHAIRMAN BOWIE: Thank you, sir. This is a hearing to impose fmes and liens in the case of Board of County Commissioners versus Guadalupe Campbell. Case number 2005-42. Let's find that case before us. Mr. Mazola, we'll swear you in now to testify, please, . SIr. MS. ARNOLD: Actually, in this particular matte, it's more me reading into the record information, and I don't know whether or not Mr. -- CHAIRMAN BOWIE: He'll then be afforded the opportunity to respond and sworn in at that time. MS. ARNOLD: Right. Whether he's requesting anything on that. CHAIRMAN BOWIE: Right. MS. ARNOLD: This item, as you indicated, is code enforcement board case number 2005-042. And it's Board of County Page 23 ^.,'-,._._..__.__......~",.._. ." ~- ..."'-""_..~._-~., --- 1611 January 26,2006 Commissioners versus Guadalupe Campbell. The matter was heard before the Board on September 22,2005, at which the Board found in violation and the order imposed by the Board is attached for your information. Weare here today to request imposition of fines in the amount of $2831.22 for operational cost, which is in that amount of $331.22. And then fines that had be accruing at the amount of $250 per day for the period between January 1,2006 and January 20, 2006 for a total of $2,500. There are other fines that are continuing to accrue because this matter is not in compliance. And Mr. Fergeson is here to represent his client. CHAIRMAN BOWIE: Thank you. Will -- Representing the respondent, will the secretary please swear in the attorney, legal counsel for the respondent? (Sworn.) CHAIRMAN BOWIE: Sir, you want to make a case as to why we should not impose these fines and liens in this matter? MR. FERGUSON: Sure, but I'll go ahead and defer to Mr. MAZZONE, and let you fill the Board in on our discussions, and then I'll -- CHAIRMAN BOWIE: Mr. MAZZONE -- secretary, please swear in Mr. MAZZONE as well. (Sworn.) CHAIRMAN BOWIE: Very well, sir. Would you proceed for the record. MR. MAZZONE: Yes. This court has heard the Campbell case, and we arrived at the fines that were to be stated for the time frame set in this case. Mrs. Campbell and her family of met with Collier County to discuss their options of either going with a subdivision change for the property in question or going for site a improvement plan to accommodate the county's needs and requirements. The Campbell's had a very difficult time arriving at an answer to the question and hired someone to assist them, and the time and efforts spent in this Page 24 ,.'"- -~~--'. ,_,_", H"'" -."',.. .. -.,..._",....._~-'_.,..... -~_._.- 16/1 January 26, 2006 matter have brought us to this date. The Campbell's were of the impression that it would be a lot less money to go with the subdivided arrangement for this property, and to their benefit in the future, and it seems as though they might have changed their minds now because of the increased prices, and want to go the site improvement plan route. This is something they've been discussing with their attorney, and we've been in communication with Mr. Ferguson and we're willing to work with them keeping them aware of the fact that indeed the fines are still accumulating in this case. MR. FERGUSON: If it pleases the Board, the Campbell's are not wealthy people. They have four not so new trailers on a lot. The value of the property is probably $150,000. When they looked at what it was going to cost them to subdivide it, it was going to be in the neighborhood of excess of $50,000. A third of the value of their property. I don't know that the trailers have any value. They might have some value, but I don't know if they have much. Mrs. Campbell herself, 70 years old, heart condition. Her daughter that lives in another trailer, has cancer, and is a widow. These people are challenged with this. When they found out how much money it was going to be, they hired me. And we've looked at a number of different options at trying to solve the problem without it costing a whole lot of money. If we have to do a site improvement plan, it will cost them in the neighborhood of $25,000 -- $23,000, $25,000. We could go before the Board of Commissioners and ask for a variance. That would cost in the neighborhood of $5,000, and that would be the cheapest way to go. And I suppose -- I've asked the Campbell's to sit down with me on Monday and make the decision of, you know, how they want to proceed. If we go before the Board of Commissioners and they turn us down, we're right back in the position we would be anyway so they're gambling 5,000 on that. I think it's pretty compelling circumstances. You know, it's not Port Royal down there. Page 25 """'---'''-'-'--' '. _',.....,"h,...__.......,"___.".-.-...Nm.. -~~._-~,,_..,. 16/1 ".I January 26, 2006 And so we're just requesting the sympathy of the Board and, you know, we'll of course come back and, you know, if you choose to impose the fines to push them along, I can assure you that I'm moving it along as fast as I can. I'd rather not be fined, but I can always come back and ask you to abate the fines when the situation is handled. But I assure you that I'll be working diligently on it with staff. CHAIRMAN BOWIE: Any questions either for the county or for the respondent? (No response.) CHAIRMAN BOWIE: And this then, sir, is a request, I take it, on your part to postpone the imposition of fines and liens until such time as you can further explore what avenues you wish to pursue? MR. FERGUSON: That would be my position. COMMISSIONER BARNETT: Michelle, does the county have a position? MS. ARNOLD: I didn't really think about this, but I guess one month would not be anything to, you know, object to. CHAIRMAN BOWIE: The county is fine with the postponement to our next month's meeting. Would you address that? Is that satisfactory for your purposes? MR. FERGUSON: Well, I appreciate the gesture, but I think it's possibly going to be better to just, instead of dragging me back in here and having her to have to pay me, you know, if I have to come back next month, it's probably not going to be done next month. I mean, if we have to do a site improvement plan, I don't see it getting done in 30 days, and we certainly won't be able to get before the Board of Commissioners that quickly. Instead I probably would just ask that if you're going to -- I'll revisit it when it gets done, and then you can decide if you want to abate the fines or not, instead of having me -- we're trying to make it as cheap on these people as I possibly can. CHAIRMAN BOWIE: Can I ask you, sir, how long ago were you retained by them to pursue the site improvement plan? Page 26 '---"-'- -'--'",~-, " "~.~,,_,, . . o"n.~'._ , _~_H...,_,., '_, .-.--..---",.,-- 1611 January 26, 2006 MR. FERGUSON: December, mid December. CHAIRMAN BOWIE: And this was a stipulation they signed September 22nd. MR. FERGUSON: I understand that. Then they went out and hired a survey company, who went out and started surveys to do this plat, and then they gave them a bill for $57,000. When they gave them the bill for $57,000 saying this is what we need to complete the process, they went, Oh, my God, $57,000, we don't have $57,000, and then they hired me. CHAIRMAN BOWIE: The other alternative, of course, in the stipulation was that they would secure a demolition permit, or remove the trailer. MR. FERGUSON: Then they have no place to live. They're homeless. MS. ARNOLD: I think Sal's recommendation, because of the amount of time that it's probably going to take them to come into compliance is to go ahead and impose fines and then they can come back because, there is no -- I can't say how long it's going to take Mr. Ferguson to submit something and then there's the review time and those types of things. MR. FERGUSON: All I can suggest to the Board is I'm going to work diligently with staft: and I'm going to provide them updates so when I come back to ask you to abate everything, you'll know that I was diligent at what I was attempting to do. CHAIRMAN BOWIE: I appreciate that, sir. So far as the , request for the respondent to postpone the imposition of fines and liens which was scheduled on our agenda today. Is there motion on the Board to grant the respondent's motion to extend for as the county had exceeded until our next monthly meeting? COMMISSIONER BARNETT: At this point, I think they both kind of agree that that's not going to serve a purpose. CHAIRMAN BOWIE: So there's no such motion, in which case Page 27 ,.--.--.. '-_...-----.-..._'" ..-..." .'--- li' 21, 2006 we will proceed with the hearing on the imposition of fines and liens on this case. COMMISSIONER PONTE: Well, I would make a motion, but I would extend the period of time. It's just that 30 days just isn't enough time to get -- to accomplish what has to be accomplished. So if we do a motion to extend it and revisit this in -- MR. FERGUSON: 90 days? CHAIRMAN BOWIE:: -- 60 days. MR. FERGUSON: I mean, it's probably going to take 90 days, I would think. COMMISSIONER PONTE: I think that's reasonable. CHAIRMAN BOWIE: Again, we can impose fines and liens and revisit this with a motion for abatement subsequently. That would be the other alternative. MR. FERGUSON: And I have to come back before you anyway, I just don't want to have to keep on coming back -- COMMISSIONER PONTE: -- every 30 days. MR. FERGESON: Yeah. CHAIRMAN BOWIE: So, is it the pleasure of the Board, George has made a motion that the hearing on fines and liens be postponed for 90 days? COMMISSIONER PONTE: Yes. CHAIRMAN BOWIE: Is there a second to that motion? COMMISSIONER DEAN: I'll second that motion. CHAIRMAN BOWIE: So this is a motion now to postpone our hearing on fines and liens until our meeting three months hence of today's date. Michelle, what date is that, three months hence? MS. ARNOLD: That would be April 27th. CHAIRMAN BOWIE: All right. At our April 27th meeting, we will hear fines and liens in this case. Any discussion of that motion for postponement? Page 28 ,~~---_."...'- "--..... ,,",,~,,_.,,_.~--, .__.0"_ JanlJ? J6,~OO6 COMMISSIONER KRAENBRING: I think we should maintain the fines and liens, you know, as of today because that is what compels people to maybe comply with the orders of the Board. Come back, revisit it, and if everything is done, you know, we have sympathy to people in hardship cases, then we can act on, you know, abating those fines. But, not to impose the fines at this time. It takes away some of the power, too, of the Board CHAIRMAN BOWIE: Any other discussion on the motion to postpone? COMMISSIONER BARNETT: I'm just wondering if 90 days is going to be enough to get a stipulation agreement done and everything past. CHAIRMAN BOWIE: You mean a site improvement? COMMISSIONER BARNETT: Or a site improvement plan. As Michelle said, you can't really tell how long that's going to take, you know, which means that technically ifhe didn't get it accomplished in 90 days, he would be back here which would cost the people more money for him to show up to ask for another extension. So we'll get back in the cycle of extending and extending and extending. COMMISSIONER PONTE: But it keeps it alive. If it goes to the next logical extension, 90 days and a half year, that's a lot of time to go to sleep. COMMISSIONER BARNETT: That's why I'm kind of -- I like the idea of trying to give them an extension, but I think it would be maybe better served to go ahead and follow through with what we have on the docket and go ahead and impose the fines and then let him come back when it's done and ask for the abatement. Because at that time we can really address the issue. COMMISSIONER DEWITTE: In the long run that might save them money because they won't have to hire him to come back. MR. FERGUSON: If I could add something. I believe in the compassion of the Board, so I don't think that, you know -- if I'm Page 29 >.._._....,_..,_c.~....,"""......_'H__.. .~.._....-._~'c_..."".._.___'""_"'..""__.......<._"'=_~~~. Janla9 4,1006 reading this correctly, I think that's probably the best thing to do in the long run for them. CHAIRMAN BOWIE: Thank you, sir. In my own opinion, I think the opportunity for remedy available to the respondents would be the same. Whether we postpone this for 90 days and impose fines and liens at that time, whether we do it now and allow them the opportunity they always have to come back for an abatement. The opportunity for remedy is the same. And hence, I would be in favor of proceeding with the hearing on fines and liens today. COMMISSIONER PONTE: Okay. I'm convinced. I'll withdraw my motion. CHAIRMAN BOWIE: Motion is withdrawn. Is there a motion then that we proceed with the hearing on fines and liens today? COMMISSIONER BARNETT: I'll make a motion that we proceed with the fines in hearing today. COMMISSIONER PONTE: Second. CHAIRMAN BOWIE: Motion made and seconded. Any discussion? Hearing none, we'll vote. In favor -- those in favor of having our hearing on fines and liens in this case today, please say aye. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? (No response.) CHAIRMAN BOWIE: Motion carries, so we will hear fines and liens. Since we're on that agenda item, we'll proceed with that agenda item at this point. Page 30 .._~.~,~~~.",...~ .-..".", -,.,..-<~.,.. 1611 ~ :I January 26, 2006 MR. FERGUSON: I have no opposition. CHAIRMAN BOWIE: Thank you, sir. Any discussion on the motion to impose fines and liens as recommended in the case of Board of County Commissioners versus Guadalupe Campbell, case number 2005-042? Is there a motion? COMMISSIONER BARNETT: So moved. CHAIRMAN BOWIE: Motion to impose the recommended fines and liens as set forth here. A second to that? COMMISSIONER PONTE: Second. CHAIRMAN BOWIE: Motion made and seconded. Any discussion on the motion? All in favor of imposing the recommended fines and liens as set forth herein, please say aye. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? Motion carries. Thank you, . Sir. MR. FERGUSON: Thank you. CHAIRMAN BOWIE: And again, you can come back at any appropriate time in the future for the motion for reduction or abatement. MR. FERGUSON: Thank you. CHAIRMAN BOWIE: We'll return now to the regular order of our agenda. Case hearing, this would be case 2005-32, Board of County Commissioners versus Margarita Munoz. Is the representative for the county present? Is there a representative for the respondent present? Thank you. Okay. Sir, on behalf of the county, would you identify yourself and your office. Page 31 --_.,"~"- .......,"-'..'-,- ... .~.....,- -~.~'~'~. 'M~""'''''''''.'~'_''''''W'''''_O_~___.." .~- ~-"'.--""- JJ~2t 1006 MR. SNODERL Y: Good morning. For the record, Travis SNODERL Y, Investigative Supervisor of Collier County Code Enforcement. CHAIRMAN BOWIE: Thank you. And for the respondent, sir, identify yourself. MR. FERGUSON: Tim Ferguson, I'm the attorney for the respondent, 4265 Bonita Beach Road, Bonita Springs, 34134. CHAIRMAN BOWIE: We would like to swear in the county's representative, please. (Sworn.) CHAIRMAN BOWIE: And the county's respondent is previously sworn. Proceed, sir with the county's case. MR. SNODERL Y: Good morning. MS. ARNOLD: First -- I'm sorry to interupt you, Travis, we just need to enter the information into the record for the case and ask that you will accept our exhibit. CHAIRMAN BOWIE: It's been requested that the charging packet that's been provided to us be entered into evidence. Is there a motion to accept the information? COMMISSIONER PONTE: I'll make a motion to accept. COMMISSIONER BARNETT: Second. CHAIRMAN BOWIE: Any discussion? Call the question, we'll proceed on a motion has been made to accept the county's charging packet as evidence in this case. Those in favor? CHAIRMAN BOWIE: Aye. , COMMISSIONER KRAENBRlNG: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? It's accepted. Proceed, sir. Page 32 ~---_.. ~..__.~..-".~--" I>-J .,.....-.. . _. . 4. 'I...... _....-._.,,-~,.,-_._".". ~.._.- 1611 January 26,2006 MR. SNODERL Y: Thank you. MS. PETRULLI: For -- I'm sorry. I will go ahead and read you the violation. For the record, Patti Petrolli. This is a violation of Sections 5.06.06B of Collier County ordinance 04-41 as amended. A description of the violation is an abandoned pole sign. The location where the violation exists is 5400 Treetop Drive. And that is folio number 00440000000. The name and address of the person in charge of the violation is Margarita Munoz. The violation was first observed on April 19, 2004. The owner was given a Notice of Violation on August 16th of 2005. The violation was to be corrected by August 30 -- excuse me, August 30th of2005, and the date of reinspect ion was December 13th of 2005. The last reinspection. The results of that reinspection showed that the violation remained. At this time, I'd like to turn the case over to investigator SNODERL Y. CHAIRMAN BOWIE: Go ahead, sir, you've been sworn in. MR. SNODERL Y: I'll try this again. Just for the Board's pleasure, I would like to advise you that the violation has been abated. The county's position at this point would be that we just ask for operational cost. In this particular case, that is an amount of$276.39. I have spoken to the respondent and their representative, and they are in agreement to do so. CHAIRMAN BOWIE: Would you like to affirm that, please. MR. FERGUSON: Yes, we are in agreement. CHAIRMAN BOWIE: Okay. There's been apparent agreement and -- COMMISSIONER PONTE: That's the nature of the stipulation. CHAIRMAN BOWIE: But a motion still needs to be made. And the motion is that operational costs -- MS. ARNOLD: We need a finding of fact. CHAIRMAN BOWIE: Okay. We need to have a finding of fact first. Is there going to be a motion as has been stipulated that it exists Page 33 ,_....."'--~.." """""~_"'__"'~"_M_'_"'< ~ .._.",.___.".m""""","'" ~._~-'. . .~-,-" 16' 1 January 26, 2006 -- a finding of fact that the violation as charged in the county's charging document does exist? COMMISSIONER BARNETT: I'll make a motion that in the case of Collier County Board of Commissioners versus Margarita Munoz, CEB case number 2005-32 that there was a violation. CHAIRMAN BOWIE: Is there a second to that motion? COMMISSIONER DEAN: Second to that motion. CHAIRMAN BOWIE: Any discussion? All in favor of the motion, the finding that a violation that does exist as charged, please say aye. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? (No response.) CHAIRMAN BOWIE: That motion carries. We now need a motion for determination of the order of the Board. COMMISSIONER BARNETT: I'll make a motion that in the . case CEB number 2005-32 saying that it has been abated. That we go ahead with the county's request for operational cost of $250 . MR. SNODERL Y: $276. COMMISSIONER BARNETT: Or $276. CHAIRMAN BOWIE: $276 and there was some pennies. MR. SNODERL Y 39. CHAIRMAN BOWIE: Okay. Motion is made that operational cost be imposed. Is there a second to that motion? COMMISSIONER KRAENBRING: I'll second. CHAIRMAN BOWIE: Any discussion? Those in favor of Page 34 -----"---"' .-'''~'.'-'_''_i'_'__A''_'"__~'~ ,-_...........,'~._- ._~- 1611 January 26, 2006 imposing operational costs in this matter please say aye. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? (No response.) CHAIRMAN BOWIE: That motion carries. Thank you very much. MR. SNODERL Y: Thank you. CHAIRMAN BOWIE: Let me call the next case, which is number three under C of your agenda. Case number 2005-47. Let me ask the court reporter, is this a time you want to break, or do you want to continue? (Thank you, please continue.) CHAIRMAN BOWIE: Okay. Case number 2005-47. Board of County Commissioners versus Russell and Kaja Risteen. Okay. We have representatives here from the county as well as the respondent. Is that correct? MS. RA WSON: For the record, Mr. Chairman, this is a violation of Section 04-41, Section 2.01.00-3. The description of the violation is parking of a commercial trailer in a residentially zoned area. The location and address where the violation exists is 758 Pan Am A venue, Naples, Florida. The name of the owner or person in charge of the location where the violation exists is Russell and Kaja Risteen, 758 Pan Am Avenue, Naples, Florida. The date the violation was first observed was July 27th of2005. The Notice of Violation was given on July 27th of2005. The violation was to have been corrected by September the 12th of 2005. A reinspection was done on December Page 35 m__~>-_".~_~.._.. ..~ '''---~",->~'''''' ...""",,,,--"~..~ "'-'---........-,."--.,.~-...._--. -""'-"--..-.--, 1611 .. anuary 2 , 2006 8th of 2005, and at that time it was found that it was still in violation. The respondents have been given a packet, and I'd like to -- of the information -- and I'd like to enter that in as Exhibit A at this time. CHAIRMAN BOWIE: County has requested that the charging documents as presented to the respondent in our packet be accepted into evidence. Those in favor? MS. ARNOLD: Can I just make a correction for the record? Instead of -- Ms. Petrolli said in Section 0441, it's actually Ordinance 0441. CHAIRMAN BOWIE: Ordinance. Okay. Right. 0441. Fine. COMMISSIONER BARNETT: I'd like to make a motion that we accept the packet. COMMISSIONER PONTE: Second. CHAIRMAN BOWIE: Motion made and seconded that the charging packet be accepted. Those in favor. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Against? (No response.) CHAIRMAN BOWIE: The packet is accepted. Thank you. I'd like to call the representative of the county. Sir, would you identify yourself, and your office. MR. MARTINDALE: Robert Martindale. Investigator of Collier Code Enforcement. CHAIRMAN BOWIE: Thank you. And the representative here for the respondent. Would you please identify yourself, sir? MR. RISTEEN: Russell Risteen. Page 36 ",."._...~---,.....,--""_.,,,- -- - _.- .._~.....-.... . ---,-....._,-~_.. -....-. 1611 January 26, 2006 CHAIRMAN BOWIE: And you are the respondent? MR. RISTEEN: Right. CHAIRMAN BOWIE: Would the secretary please swear in both parties? (Sworn.) CHAIRMAN BOWIE: Very well, sir on the behalf of the county, would you make your presentation? MR. MARTINDALE: I think Ms. Petrulli just about stole my thunder there. On the date specified I went to Mr. Risteen's address from an anonymous complaint of a commercial trailer being parked in the side yard. I met with Mr. Risteen there that date. It was, in fact, an approximately 30-foot by 13 inch tall standard Freihoff semitrailer, eight wheels and a connector on the front of it. I advised Mr. Risteen of the complaint and the county ordinance prohibiting same. I served him with a notice of violation, which he signed in my presence and view, and I left him a copy of the Notice of Violation along with the attached violation of County Codes and Ordinances. I responded the following week to see if he complied with the order. He had not and was affixing some lattice work to the side of the trailer. He had interpreted the ruling different than myself. Part of it, of section three of 200 1, states that a vehicle parked in an area of a main structure. either has to be enclosed or enclosed in a vegetative screening. Mr. Risteen thought that he could place the lattice work on the trailer. He already painted the entire trailer green, he affIXed the lattice work there where he advised me he intended to attach vines and other vegetation to help secrete the trailer from the neighbors' views. I've never come across anything like this before, so I allowed Russell some additional time to check into it, and I also did with planning. We subsequently had a ruling. My Senior Planner, Ross Gochenaur-- basically Michelle has it there. It's a memorandum stating that it's the opinion of Zoning staff and the intent of the code that the required vegetative screening, in question is freestanding planted in the ground, Page 37 ,-,_."_.__..--~... '-"'^--'''''''--''''''''''''~-'''- "..... _."_.~'" -- -~--" Jl~ 16koo6 and not physically attached to the commercial equipment being screened. Placing vegetation living or dead on the intended transportation of goods materials in support of a business and not for permanent storage of goods, materials. Attaching the vegetation to the trailer does not support the owner's contention that the trailer is a road-worthy commercial equipment able to be hitched and towed immediately. And not being used in place of an accessory structure, which would require a building permit. And that Mr. Risteen if he wished to contest this opinion, could seek the proper procedure and he would submit for an official interpretation from the the LDC from Susan Murray, the Zoning Director, along with the required $1,500 fee. I'd like to also bring to your attention, I have some photographs here. The first one indicates coming down Pam Am Avenue westbound. As you can see behind the six-foot privacy fence, the 13 foot trailer with the attached lattice work. Second photograph indicates a closer view of it, still on the public street. The third one is a head-on from the public street of Mr. Risteen's driveway. You will note that the neighboring structure at the rear has a very disconcerting view of the top of the trailer when they look out the side of their second story bedroom window there. Also part of the code ordinance states that it shall be screened, either vegetatively, completely enclosed and not visible from the street or adjacent properties. CHAIRMAN BOWIE: Any questions of the county's representative? (No response.) CHAIRMAN BOWIE: Very well. We'll hear on behalf of the respondent. Sir. MR. RISTEEN: First of all, thank you for hearing me. When I was cited on this container business, I contacted as many people as I could at the county not knowing anything about this. I did find a Dave Hendrix who told me that as long as I tagged it, had wheels on it and Page 38 ----.._-,~._- ~ ~,_.".,~., .._~._"..._"o,.m'_'_"~_;"_"""'_'."'__'~.",,,,".,,..._". "... .., ,". ~';"'~" J~4161oo6 vegetatively screened it, I would be okay. Also I went down with Ron and went to planning and they said basically the same thing. That's when I painted it. That's when I put up the lattice. And that I thought -- we weren't sure -- I thought we could put plants on the thing since I told him I'm not going to move it. It's basically -- I built the house myself. That has my storage, my wood, floor and my trim, my doors, a bunch of other stuff for the house in that and that's where I kept it. As I get to the house, that section -- I take stuff out of it and go put it on the house. That's what that has been doing there since we broke ground. That's the job of that container. The container is really 20 feet long, it's 11 feet high. Same height as a Ted Shed, by the way, because I had to look into trying to get it as a storage unit, and they said that I had to get some kind of building permit for 150 mile an hour wind gusts. And then I called my engineer who did the stuff on my house, and he said, well, this is something new. You know, so I don't know where to go with that. So I went to the county and said what else can we do? So then I said, okay, they're saying no, the plants won't work. Because I got a message on my machine that said no, it's still not going to go work. Commercial in residential. I said, well, we've got to do something because I'm using this thing. So I said how about if we do -- see the back of that picture? I have those eureka palms back there. Those eureka palms grow 25 feet high. They'll completely cover that whole back of that house, which if you went like three feet over, you'd see where the older ones that are a couple years older have covered that whole area. You can't see anything. No other neighbor. I have pictures, but I have one picture that I can show you, if you want to look. CHAIRMAN BOWIE: Please. We'd be happy to accept that as respondent's Exhibit A. Show it to the County, please. COMMISSIONER BARNETT: So moved. CHAIRMAN BOWIE: A motion is made to accept that on Page 39 ,_______.'_,r.~.'_ . -_...._...w____,.,'...._.__". .~<- 1611_ TanuarY'26, 20~ . behalf of the respondent, as respondent's Exhibit A. Is there a second? COMMISSIONER PONTE: I'll second. CHAIRMAN BOWIE: Motion moved and accepted that we accept the respondent's photo being displayed to us. All in favor. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Okay. MR. RISTEEN: Okay. That's the house. The container is that little baby little square on the left there where you can't hardly see it. I'm standing on the street. Okay. That's from the street. I'm on the street. That's what it looks like when you're standing on the street. Ron's got some good pictures, too. COMMISSIONER DEAN: I have a question. This is your house? MR. RISTEEN: This is my house. MR. DEAN: How many garages are there? MR. RISTEEN: Pardon me? COMMISSIONER DEAN: Garage doors there I see. MR. RISTEEN: Yes, they are. COMMISSIONER DEAN: How many are there? MR. RISTEEN: There's three. COMMISSIONER DEAN: And one over there. Okay. You have a double driveway? MR. RISTEEN: I have two driveways. COMMISSIONER DEAN: Thank you. MR. RISTEEN: That's another view to show you the house, how it relates to it. I want -- keep going. That's another one from the Page 40 ----- ".'''_.-'''''' -_.<~ '-.-- 16' 1 " January 26, 2006 neighbor who called this one. His yard.. There's the container. There's the backyard. That's what a Eureka Palms look like. That's what I proposed to the county to plant along the side of the fence to just alleviate all this putting confederate Jasmine on the thing which I thought I could do but I found out you can't do that. This thing you can hook up and drive right now. It's legal. It's totally ready to go. It just is not going anywhere because I don't plan on doing that. I don't use it for business. I bought it to put the materials in to build my house because I knew it was going to take me a long time. And then I just found out that my orthopedic surgeon told me I've got 90-year-old knees and I've got arthritis and I can't work as much as I could so I'm even longer getting this thing going. But I'm getting it going and I've got the materials, it's a matter of getting to it. So I said, okay, I'll plant Eurekas all the way along, put some palm trees in the front across the fence and everything, and I could not get anybody from the county to tell my anything about anything except commercial and residential. So I said, what am I supposed to do, come and talk to you. Because you're the ones that make the decision. And I'm willing to do everything to comply. I have been doing this since I first got cited, trying to ask. And Ron's been a big help trying to help me out and understand, but, you know, where is he going to go with it. He's never had the same situation either. And all I really want to do is plant the plants and have them grow up and cover the whole thing and nobody would see it. And nobody is even -- nobody even knew I had the thing. I asked around just for, you know, hey did you ever -- oh, you got that back there. But that's not point. The point is it's a designated commercial in a residential and I understand that. And I'm trying to cover the whole thing. And given a little time, these things all get that tall. You can't see. Those are my neighbors in the back. I can't even see their house. And I'm willing to do that. MS. ARNOLD: I just wanted to point out that the Board has the ability to determine whether or not a violation exist. You don't have Page 41 "..........----. ..,_. ._~ .... ~.__._._"^~._-'"'''''"''''.,-_.._.._._-~-~~~ 161b'1I January 2 , 006' the ability to change or amend or modify what the code is. If there's a disagreement with what the planning department or zoning department has interpreted then, as indicated in that memo, they would have to go that route for the interpretation of the code. CHAIRMAN BOWIE: Noted. COMMISSIONER BARNETT: Michelle, doesn't the code say it can be screened from view by vegetation. So couldn't he technically plant plants to screen it? The fact that there's a two story building behind him, I don't think was the intention of the code. It was from the street. MS. ARNOLD: Well it does say vegetatively screened. According to the zoning department that we conferred with, they've indicated it has to be completely screened or enclosed. And because we're in the situation where more and more people are building second story, you have that situation now. I don't know. COMMISSIONER BARNETT: Because I know, I kind of helped draft that original ordinance with Mr. Will when we were going through all those problems out in Golden Gate and trying to force that issue. And I was trying to remember the purpose was so that we couldn't -- the neighbors didn't have the ability to see it. So I guess if you could screen it with like a car port covering or something like that too, couldn't he, to enclose it. MR. RUSSELL: It says enclosed building or vegetatively screened. But it also states in verbatim here, cannot be seen from adjacent property and must be enclosed in -- enclosed in vegetative screening. We already have the ruling of planting, but any time you think of the word enclosed, I would think that would be completely, not just walls. MS. ARNOLD: There may be a possibility for him to get roof structure. There is the possibility to get a shed. He indicated a Ted Shed. That's an option. That's permissible in that zoning district to hold what he's using it for as storage, it sounds like. These are some Page 42 -~~,~--- -'-""..>', , A<_~'"'''' ,",-",,-,,-,-,--,-_~,_, -.... r _"'""_M~___"" ---~ Ju~ tbOO6 options that he has. But both those things are things that need, require a permit. COMMISSIONER BARNETT: Okay. MR. RIS TEEN: If I may, putting a box in a box is not -- isn't a financial -- MS. ARNOLD: I didn't ask you -- I said a shed to hold the things that you're holding in the box. I didn't indicate putting a box in that box. MR. RISTEEN: But it's the same difference basically, except this one exists and it's already been there and it has no -- it's a strong thing and it's not a -- I am going to plant stuff around it. It won't be there very long. CHAIRMAN BOWIE: Let me just ask, is it the county's position that if he installed some kind of a roofing structure over this trailer as well as screening for vegetation, that that would be acceptable? MS. ARNOLD: My indication is he would have to explore that. I don't think that question was ever asked. It would then -- a car port would then be considered a structure, set backs and permits would be required. That's something he needs to ask the zoning department about. COMMISSIONER KRAENBRING: I'd like to ask a question of the respondent. Is this trailer going to be remaining on the property after you complete your construction? MR. RISTEEN: Chances are not. COMMISSIONER KRAENBRlNG: Chances are, or it's not? MR. RISTEEN: Well, I don't know. It's taking me forever to get this stuff done. But, yeah, I had envisioned doing other things than that particular thing there, so -- COMMISSIONER KRAENBRlNG: So in affect it's going to remain there and be a permanent fixture on your property? Maybe not affixed to the ground, but -- COMMISSIONER BARNETT: That being the problem. Page 43 -~-,.~~..".._,_.~, <""'''~.'---_.'''-~'-'-'''-''''._'-~'~-----''-''''''-'"'''- J~J, 106 MR. RISTEEN: Well, the options are, no, I could in the future get rid of it, and rather put my boat there. You know what I mean? Something like that. That would be more advantageous to residential. It is quite handy. If I had a Ted Shed there, all that's going to do is cost me a lot more money. I've already bought and paid for this container. The container is the same size as a Ted Shed. The difference is, if I put a car port over this, it would be just as ugly and bigger than the foot print of the top of that container. And I have another thing I could -- I don't know if this aerial, but, you know, the thought occurred to me, if somebody came over in a helicopter, you know, yeah they'll see the top of it. And yeah, that guy in the backyard can see it too. The Eurekas will definitely cover them because you can see the picture there, it's 25 feet tall. And if this helps you. It's the top -- it's an overview. It's my survey with it drawn in where it exists on my property to show you how it is from the air. I mean, would that help you? And where it's located. I'm almost in the setback. It's in there. It's right where seven-and-a-half and ten up and all that, so. And it's in my backyard and it's all-- it was mapped out and designed in the floor plan. I was going to put a boat there and this ended up being there because it's taken me a while to finish the house. So, putting a box on top of it, would be -- or a car port, I'm sorry, would be a larger footprint. And I'm going to put plants around it. COMMISSIONER MORGAN: Could you build an arbor over the top of it and camouflage it? MR. RISTEEN: That's exactly what I wanted to do. You're exactly right. That's exactly what I wanted to do. That's what the lattice was about. That's what planting the confederate Jasmine was because it grows over everything. It's aluminum. COMMISSIONER MORGAN: I mean, you build something attractive. MR. RISTEEN: Oh, yeah. Well, the picture of it it doesn't look too bad. You can't even notice it from the street anymore. It used to Page 44 --.---.....-.......- .. ,- '''~___'''_N -,~--'.,-"_.^-'.._... T ._;~~--~,._._.., -,- 16 j 1 January 26, 2006 be silver and now you don't even see it. COMMISSIONER MORGAN: Would that be objectionable to your neighbors? MR. RISTEEN: Nobody even cares. And the guy who complained on it is moving. And he did it because he thought I ratted on him for making a mess in the street or something. CHAIRMAN BOWIE: That's here nor there. COMMISSIONER BARNETT: The problem is, an arbor is a fixed structure to the ground. It's not attached to the trailer. COMMISSIONER PONTE: I think we're off the mark here. We're talking remedies, and it's the responsibility of this Board to make decisions based on facts and violations. MR. MARTINDALE: If I may, that's exactly what I was going to say, sir. Russell has a very unusual circumstance. He's a real nice guy too. And he's easy to deal with. I wish all my clients were. But the reason that I was there was because a citizen's complaint was made. I went by the letter of the law which says, and Russell even said, it can be pulled out of there right now. It's a commercial vehicle. The area is zoned residential. That's the facts. That's why I submitted this. It wasn't because of unusual circumstances, asthetic reasons. It's just because that's what the statutes say. And I guess in the distant past we did allow things like this 15 or 20 years ago when they took the wheels, and so forth off of them. But now we do have standards. We have wind load ratings. That's why we have to have permits for Ted Sheds. MR. RISTEEN: If I may. This has been through three hurricanes sitting right where it is. And if I can direct you to this zoning district and uses, it's 2.01.00. Under generally it says, the vehicle and/or equipment is engaged in a construction or service operation on the site where it is parked. That's where I'm using it for right now. That would be the one I'm saying I'm doing. And then must be removed as soon as the construction activities have been Page 45 -----,-, ---^-~--,._.~.....~-" --..,.._....,_.._.~ _._- W1,2006 completed. Okay. That's the one. The other one is, that I saw on my regular siding that I got at first. Number three is the vehicle is parked in the rear of the main structure, and is enclosed within a vegetative screening. And that's what Ron is saying is enclosed, which conceals vegetation from the view of neighbors. And this will, you know, I can't buy a tree that tall, but -- CHAIRMAN BOWIE: When you say you're still engaged in construction at this property. Do you have open permits now that have not been closed out? MR. RISTEEN: Well, no. This would be under my finishing of doing -- I already got my CO. So I got in, but I didn't do the floors, didn't do the doors, didn't do the trim. I didn't finish all the painting. Anything I could get away with to get the thing slid in. So all that stuff I'm now doing by myself with occasional help -- CHAIRMAN BOWIE: How long has this trailer been there now? MR. RISTEEN: A few years. CHAIRMAN BOWIE: A few years? When do you think you're going to be finished with this construction? MR. RISTEEN: Well, I would hope by the end of the year. I still have a lot of stuff to do. I have to hand finish all my stuff and put it up myself. Also I have to try to make some money, you know, somewhere along the line. COMMISSIONER BARNETT: I'd like to make a motion. CHAIRMAN BOWIE: Sheri is going to make a motion. COMMISSIONER BARNETT: I'd like to make a motion in the case of Collier county Board of Commissioners versus Russell and Kaja Risteen, case number 2005-47, that in actuality there is a violation. The violation consisting of a commercial truck in view of the neighbors. COMMISSIONER PONTE: I'll second the motion. CHAIRMAN BOWIE: A motion has been made and seconded Page 46 ---""-~-"'-"- tQJ :1,2006 that a violation be found as set forth in the county's charging documents, finding that a commercial vehicle has been parked in a residentially zoned area in view of neighboring properties. Any discussion of the motion? Hearing none we'll proceed to vote. All in favor of the motion. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? The motion passes unanimously. We will next entertain a motion on determination of the order of the board. COMMISSIONER BARNETT: I don't know if I had -- I don't know how many vehicles he had but if I had four garage spaces, or three garage spaces and had an issue with the commercial vehicle, I think I would empty out one of the garage spaces and store the stuff in there until I could get it finished. The C.O. is there so, therefore, it's technically a completed project. COMMISSIONER KRAENBRING: Ifwe can be assured that once this project is completed that that vehicle was going to be removed. But by the testimony of the respondent, he doesn't really feel that that might happen. So I don't think there's really a choice. MR. RISTEEN: If I may, if that's the option I have -- because it's going to cost me a lot to move this thing and put it in -- pay somebody storage when I can for free on my own driveway and, you know, part of my tax money maybe, but I would move it or whatever if that's what it takes. Let me get my project finished at least so at least I don't have the burden and expense of having to move the thing and then reload it, or have to load two times go with my truck, pick up stuff, to Page 47 ____7N... -'...,--............ ....._;._"'--"~._...,~.._-~_.,.,........"--....,>. _N."~""""_"~~ Jl~ l6ko06 go my house. When it's there I can go and do it. COMMISSIONER KRAENBRING: That's why I asked that question. If it's going to be moved, that might be -- MR. RISTEEN: Eventually I would do that. That would clear it up. CHAIRMAN BOWIE: We need to know some kind of time specific. COMMISSIONER BARNETT: Not eventually. It's already been there two years and it's not finished. MR. RISTEEN: You know, if I -- if it ends up having to be, you know, if I am working at ajob, I can't work on the house so I've been both. I never knew when I built the house there would ever be a stipulation as to when I had to finish it, but now there is, so -- COMMISSIONER BARNETT: Do you have any place in one of the garages where you could move out a vehicle and store this in the garage so you wouldn't have to be removing it back and forth? MR. RISTEEN: No, no. There is one bay I leave open and that's where -- and I have -- I have trucks in there that are project trucks. So these are 1967 stuff. Okay. They're in various states of disrepair hiding in there. The other one is my wife's car. That's in the other garage. That's the clean garage. The shop garage are those three. That's where I do the work. And I only have one bay to do it, but I'm not -- you know, I'm doing it myself. So, it's not a big deal. That was the one bay I need to work to put the stuff in to prep it -- to build it up and put it on the house. COMMISSIONER KRAENBRING: If you can give us a time frame as to when you can complete this work and get rid of the vehicle, then the Board could take that under consideration. What would you -- COMMISSIONER KRAENBRING: You have to let us know. How long do you think it would take? MR. RISTEEN: How about this time next year. Page 48 --~-"'-- ___'~~--o..'___'''''''_.__'''''~,"'""'''~__'" 1&J2l2oo6 COMMISSIONER KRAENBRING: Well-- MR. RISTEEN: That's too long. COMMISSIONER KRAENBRING: We're probably looking at a 30 to 90 day time frame, just to be honest. MR. RISTEEN: Well, there's no way. It would take me 30 days just to sell it and now it's got lattice all over it. Who wants to buy it now? And I was informed by this Dave Hendrix that that was okay. That's where I got that from. So now I've got these crossed wires and I'm stuck in this catch 22 where I'm losing money in both directions. That's the only reason I came and bothered you with my problem. If I have some time so I can -- if I had -- I mean, if I had six months, I could at least get me something. I got to move everything. There's a lot of stuff around there. COMMISSIONER BARNETT: I built a house in 120 days. It doesn't take six months to put in a floor. MR. RISTEEN: I have crown molding, base molding, door molding, doors, a floor. COMMISSIONER BARNETT: I built a whole house. CHAIRMAN BOWIE: Let's proceed with this on the merits of it. Is there a motion from the Board as to fines for a period related thereto? CHAIRMAN BOWIE: Does the county have any recommendation? MR. MARTINDALE: Initial recommendation of the county is to remove the commercial vehicle from the residentially zoned area within 10 days of the initial hearing or pay $150 per day until the violation is abated. And also requesting the respondent notify the Code Enforcement Investigation when the violation has been abated in or other to conduct the final inspection. And there's also a total of $307.89 in operational costs. CHAIRMAN BOWIE: You've heard the recommendation of the Page 49 ,<--,----"~'.-'" ".~.~-.-~- "<M ___ "'..~ n__"""~__r .. Z ,.,~ "" .. '" -----~ JIAtJ2oo6 county. Is there a motion? COMMISSIONER KRAENBRING: Just a comment. You know, considering that material that is in there and then the gentleman's willingness to continue with the work, I would think that allowing him, you know, you said 30 to 90 days would be adequate. He's obviously trying to take care of it. Can't let it go a year, but ten days is pretty quick to get his material out and get it cleaned up. And I think -- MR. MARTINDALE: Well, I think the reason it's more or less a standard request, but also this has been going on since September of last year. In any case, there's always a chance you can lose and you should plan ahead. Just my opinions. COMMISSIONER DEAN: Mr. Chairman? CHAIRMAN BOWIE: Yes, sir. COMMISSIONER DEAN: I'd like to make a motion for 90 days to remove the trailer and pay the cost of administrative cost to the county . CHAIRMAN BOWIE: Or $150 a day fine? COMMISSIONER DEAN: No, just administrative cost to the county and 90 days to get the trailer removed. CHAIRMAN BOWIE:: There has to be a fine attached. COMMISSIONER BARNETT: Or he won't do it. CHAIRMAN BOWIE: Suffer the consequences. COMMISSIONER PONTE: I would suggest we entertain a lesser fine than the county recommended, say perhaps $50 a day rather than $100 plus. CHAIRMAN BOWIE: Is that the George of friendly amendment otherwise. COMMISSIONER PONTE: I would go along with what has been suggested by my colleague, just reduce the amount to $50, or in his case add a fine of $50 rather than eliminating one altogether. COMMISSIONER KRAENBRING: I'm sorry. You Page 50 ~-_..__..,,-" '---'-"---"-"'-~'~'---~-"'_.~"-'-' '. -....., --,<4<'-'.' laDal16, 2006 recommended 90 days? COMMISSIONER PONTE: Yes, sir. COMMISSIONER KRAENBRlNG: Okay. CHAIRMAN BOWIE: So let's rephrase the motion. My understanding is the motion has been made, seconded by George, that the vehicle be removed within 90 days of this date or a fine of $50 a day will be imposed until there is compliance. That operational cost be imposed, and when the respondent has removed the vehicle, that the code enforcement department be so informed. Is that the motion? COMMISSIONER DEAN: That's the motion. CHAIRMAN BOWIE: Motion made and seconded. Any discussion of that motion? All those in favor of the motion please say aye. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? Motion passes. Thank you, sir. You've got 90 days before fines kick in. Thank you. I'd like to call the next case in our agenda. Okay. Time for a break. We'll do a ten minute break and then reconvene. (Whereupon, a brief recess was taken.) CHAIRMAN BOWIE: We'll call to order the meeting of the . Code Enforcement Board. We're going to continue with our case hearing. I'd like to call case number 2004 -- excuse me. 2005-48, Board of County Commissioners versus DDR MDT Carillion Place, LLC. Would you like to present the county's charging? MS. PETRULLI: Thank you. For the record, Patty Petrolli. The respondent has been presented with and received a packet with the Page 51 '_M_',m,_' _~"~-",__,-,-""_",,,,_,.,_~,,~,,,~,,"'_~"""""N ,-,--~-,.,.- .loll January 26, 2006 information that is included for the case. I'd like to ask if there is anyone present to represent the DDR MDT Carillion Place, LLC. CHAIRMAN BOWIE: I believe we do have a respondent's representative. We're not going to swear you in right now, but thank you for being here. MS. PETRULLI: Thank you. Let the record show they are present. This is a violation of section 10.02.06B of Collier County ordinance 04-41 as amended. A description of the violation is a pole sign without required permits. The location of the violation exists at 5088 Airport Road north, folio number 25500000909. The name and address of the owner or person in charge of the violation location is DDR MDT Carillion Place, LLC. The registered agent for the company is CT Corporation System. The date the violation was first observed was November 10th of2004. The notice of violation was given on February 14th of2005. The violation was to have been corrected by March the 7th, 2005. A reinspection was done on December 13, 2005, and at that time, the property was still in violation. At this time I would like to turn the case over to supervisor investigator Travis Snoderly to handle the case. CHAIRMAN BOWIE: First let's make a motion to enter into the record the county's charging documents as have been delivered to the respondent and delivered to this board. Is there such a motion? COMMISSIONER BARNETT: So moved. COMMISSIONER MORGAN: Second. CHAIRMAN BOWIE: And seconded. All in favor. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. Page 52 -~"-- .."--.----.-- -'_."~""'--' ._~_._--.-- JanlAJ.106 CHAIRMAN BOWIE: County's packet is accepted into the record. Sir, would you identify yourself, please. MR. SNODERL Y: Good morning, Travis Snoderly, investigative supervisor, Collier County Code Enforcement. CHAIRMAN BOWIE: Thank you. We do have a representative here on behalf of the respondent. Would you identify yourself and your capacity for representing the respondent and your address, sir. MR. GRAFF A: I am Paul Graffa. I'm the regional property manager with Developers Diversified Realty, which is the managing agent of the Carillion Place. My address is 41268 US Highway 19 North, Tarpon Springs, Florida. CHAIRMAN BOWIE: Thank you. I'd like to ask our secretary to swear both parties. (Sworn.) CHAIRMAN BOWIE: On behalf of the county, would you proceed, please? MR. SNODERL Y: Thank you. Good morning. For the pleasure of the board, before you on your screens you should be able to view a stipulation agreement that I have been able to enter into this morning with Mr. Paul Graffa as representative for DDR MDT. Part of that stipulation is that Mr. Graffa, on behalf of his corporation, as a representative for, does agree that the notice of violation and those violations referenced within that he does stipulate to their existence. That they are section 10.02.06B of the Collier County Land Development Code, and described as a pole sign without the required permit. The stipulation agrees that Mr. Graffa will pay all operational cost incurred with the prosecution of the case in amount of$305.13, and he will abade all violations by meeting the following conditions: He will obtain all required building permits if obtainable and required inspections including Certificate of Occupancy for the sign within 60 Page 53 ---.-----_..-_--""."..~"-.-_._..._"_.'"..^--_.".._~..~,_.,-"-'.-,. ,-"._--.__..,.~,,,,...__.-,..,- ~~J ~, 2006 days of to day's hearing or a fine $150 per day would be imposed each day the violation continues. Secondly, if he does not wish to permit the sign, the respondent will remove the abandoned sign including supporting structure withing 60 days of to day's hearing, or a fine of$150 per day would be imposed for each day the violation continues. Lastly, Mr. Graffa or a representative ofDDR MDT will notify the department once the violation has been abated to confrrm that the abatement has occurred. Thank you. CHAIRMAN BOWIE: On behalf of the respondent, sir, do you confirm that this stipulation agreement has been voluntarily entered into? MR. MIDNEY: Yes, it is. CHAIRMAN BOWIE: Thank you, sir. Now you identified yourself again as a property manager on behalf of the entity that owns the property. You can verify that authority, property management? MR. GRAFF A: Yes. CHAIRMAN BOWIE: I assume you don't have a power of attorney here with you today. MR. MIDNEY: No. CHAIRMAN BOWIE: Could you please provide that for the record as well, so we know you have the authority to enter into this agreement on their behalf. MR. GRAFF A: I will. CHAIRMAN BOWIE: Thank you. Any questions regarding the agreement? COMMISSIONER BARNETT: I just have one comment because generally we don't -- we put in the amount of the operational cost, but specify it to continue to be incurred because other costs do come up, and he's just required for all operational cost. MR. SNODERL Y: I would amend that stipulation to include that amount and ask Mr. Graffa to accept that change. Page 54 ~'N"",___"_'___~ . ~,,,,-.'-~".",,,,,,,""""" ."",,,_~,,.,,,,,,".__.~o<.,~ ~"-"~"-"' 1611 January 26, 2006 MR. GRAFF A: That would be fine. CHAIRMAN BOWIE: So it is deemed that the parties will initial a correction here that operational cost may continue to accrue will be added to this agreement? MR. SNODERLY: Yes. CHAIRMAN BOWIE: Any other questions from members of the Board? Just one clerical item, since you're initialing corrections. I think there was a reference in there that the parties -- one of the options would be for the respondent to obtain a certificate of occupancy for a sign. It's tough to move into one. Maybe it should say certificate of completion. Just to initial that. MR. SNODERL Y: We would love to dictate language by which the building department and permitting uses, but unfortunately, the way that our computer system is, it's still a CO. But I do agree that it is just -- CHAIRMAN BOWIE: We're not going to require him to move into a sign. MR. GRAFF A: Well, we might have the furniture picked out. CHAIRMAN BOWIE: Any other questions for members of the Board? Is there a motion then to accept the stipulation agreement as the parties have amended it? COMMISSIONER BARNETT: I will make a motion that we accept the stipulated agreement as has been amended. CHAIRMAN BOWIE: Second to that? COMMISSIONER DEAN: I'll second that. CHAIRMAN BOWIE: Any discussion of the motion? All in favor of -- accepting the stipulation agreement as amended, please say aye. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRlNG: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. Page 55 "--.-..- <-,._,,,,,,- -<--_.... _...."-~,..._- J.o'l January 26, 2006 COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? None. It's unanimously adopted. Thank you. MR. GRAFF A: Thank you. CHAIRMAN BOWIE: Next on our agenda, we have concluded our case hearings. And on our agenda we move into the next subject area. New business. Request for imposition of fines and liens in a series of cases. First of these is Board of County Commissioners versus Ernestina Sacca, case number 2005-13. Is there anyone here on behalf of the respondent? MS. ARNOLD: No, I don't believe so. CHAIRMAN BOWIE: Is there a motion to impose fines and liens in this case? COMMISSIONER BARNETT: So moved. CHAIRMAN BOWIE: Any second to that? COMMISSIONER DEWITTE: Second. CHAIRMAN BOWIE: Discussion? Motion moved and seconded that the fines and liens be imposed in the case BCC versus Ernestina Sacca. Those in favor? CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRlNG: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. MS. RA WSON: I think for the record, you should probably have Michelle tell you what they are. CHAIRMAN BOWIE: But haven't we already determined those, though? Page 56 , .~--- _;_,_,,~'h_'" --_.~,.'"..~...." ~ ., ",~,"',"---"',"-"'.-'"--"'" ._-- J14 1612006 MS. ARNOLD: No, no. This is a different case. This is -- the fines that are being requested at this hearing today are for in the amount of$10,909.58, which includes operational cost of$559.58. CHAIRMAN BOWIE: Those have been moved, seconded, and adopted. Next case is Board of County Commissioners versus Rolando and Maria Salazar, case number 2005-25. Would you read us what is being proposed? MS. ARNOLD: Yes. The fine total that's being proposed today, which will-- in this particular case it's been completed in full, is $18,694.34 with operational cost of $694.36. And I believe that this particular case is now in compliance, therefore, those fines will not continue to incur. CHAIRMAN BOWIE: Okay. Is there a representative here in this case for the respondents Mr. and Mrs. Salazar? Seeing none, is there a motion from the Board? COMMISSIONER KRAENBRING: So moved. COMMISSIONER BARNETT: Second. MS. ARNOLD: I misspoke. The fines will continue to accrue. There's be no compliance on this case. CHAIRMAN BOWIE: There's been no compliance. So with the understanding that these fines will continue to accrue at the daily amount set forth in the original order. Is there a motion that these fines be adopted with that understanding? COMMISSIONER KRAENBRING: So moved. CHAIRMAN BOWIE: So moved and seconded. any discussion of the motion? Those in favor? CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. Page 57 --------. - .".,,~- ~ "'.,,,.... ~."--"..,,~_.._."_.."...._'" lQJ l2006 COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? Passes. Next case, Board of County Commissioners versus Ronald and Patricia Freeman. Case number 2005-26. MS. ARNOLD: Okay. The fine amount in this particular case being requested is for $12,284.06, which includes operational cost of $396.26. Fines will continue to accrue, as compliance has not been met. CHAIRMAN BOWIE: Is anyone present on behalf of the respondents, Mr. and Mrs. Freeman? Seeing no one, is there a motion from the Board? COMMISSIONER BARNETT: So moved. CHAIRMAN BOWIE: A motion has been made to accept the fines as set forth here with the daily rate to continue to accrue. Is there a second? COMMISSIONER KRAENBRING: Second. CHAIRMAN BOWIE: Moved and seconded. Any discussion? All in favor of the motion. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? Passes. Next case is Board of County Commissioners versus Amerada Hess Corporation, case number 2005-38. There is a representative here for the respondent and for the county. Would you please tell us the recommended fine in this matter, please? MS. ARNOLD: Yes, $5,226.80 which includes operational cost Page 58 ~'_.M~.M~",. '_"_'..,^._~.______.U""._ '-- Jlg 16~oo6 of $576.80. CHAIRMAN BOWIE: Has there been compliance with the order of the Board? MR. SNODERL Y: I was actually just advised this morning that, I believe it was yesterday, that the sign was removed. So I will be making a site inspection to confirm the abatement, if that in fact has occurred, I will plead and file an Affidavit of Compliance; however we would still ask for the existing fines that have occurred to be imposed. CHAIRMAN BOWIE: Sir, you're here on behalf of the respondent. Would you identify yourself and your capacity in which you represent them, please. MR. DODGE: Yes, sir. My name is Perry Dodge. I work for Amerada Hess as a construction manager in the west coast of Florida. CHAIRMAN BOWIE: We're going to swear you in now, if you don't mind. MR. DODGE: That's fine. CHAIRMAN BOWIE: Please swear in the respondent representative. (Sworn.) CHAIRMAN BOWIE: Go ahead. MR. DODGE: My only comment here today is I don't typically attend these type of meetings, so I really wasn't exactly sure what today would bring. What I can tell you is that I know I was made aware of a violation that existed on September 13th for an ID sign which, to the best of my knowledge, had never -- well, not to the best of my knowledge. Since I had lived in the State of Florida, I hadn't had any work done to it. So, I did a little bit of investigation through the sign company that we use here in Florida and they submitted for a permit to change the sign on the 20th of October. They received a permit on the 30th of November to go ahead and change that sign. However, they ran into some difficulties with what happened during Page 59 ..-...,-....., "--- ~--;-,._.,---...,..._,.-_._,..,-,,-'..-~..._'" "._-~-"- -'-'''-"-'''-- J1R !~OO6 Wilma at the beginning of November and were delayed in getting that new sign erected. So, they started this week to do that work, unfortunately, we couldn't get a structural inspection yesterday on the new footings for the new sign, and I made the decision to just go ahead and take the sign down. The inspection did happen yesterday afternoon late, and we hope to pour concrete today and be able to erect the new sign to comply with the current code. CHAIRMAN BOWIE: And do you have a permit for the new sign? MR. DODGE: Yes, sir, we do. CHAIRMAN BOWIE: Any further discussion from the board? COMMISSIONER BARNETT: I just had a question maybe for the inspector. If that's the case and Wilma did affect it -- or no. I'm . cunous. MR. SNODERL Y: What I would like to say in response to that is, this case was generated as a result of Hurricane Charley the year . And they have been on notice since that time that there were pnor. several violations. This was one of several on the property. One of which was that the canape at the fuel station came completely off, or became structurally unsound in such a fashion that it was placed into the parking lot and then replaced, mounted back up on the post without the appropriate permits. So, we went through the process with variance pre-application meetings with Amerada Hess and their representatives and probably approximately three months after hurricane season last year. Or, excuse me, the year prior. Subsequent to Hurricane Charley, and nothing came of that pre-application meeting. So there was a period of approximately six months where there was no communication from a corporation, which brought us to a point where we brought it before you folks last year, the Board, and that's when we asked that the violation be found and fines be associated with the request for either variance or removal. MR. DODGE: Again, I don't mean to mislead anybody here. I Page 60 ____."..._e_ 16/1 January 26, 2006 can only comment to what I know. And my inference of Hurricane Wilma was really what happened to us. After that storm with our sign company, you know, the work they have to do for us. Not anything that actually impacted this particular site. COMMISSIONER DEWITTE: And I would think that the delay would be to erect a new sign not in removing the old one. Which I'm sure you wanted to do before you removed the old one. MR. DODGE: That's correct. CHAIRMAN BOWIE: Any other questions, discussion from the Board? Is there a motion? COMMISSIONER BARNETT: I make a motion that the fines be imposed. CHAIRMAN BOWIE: As recommended by the County. Is there a second for that motion? COMMISSIONER DEAN: I'll second the motion. CHAIRMAN BOWIE: Motion made and seconded. Any discussion of the motion? All those in favor of the motion to accept the recommendation of the county as defined say aye. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? Motion passes. Thank you. Next case, Board of County Commissioners versus Robert G. France, case number 2004001. We appear to have a representative here for the respondent. MR. ZAMPOGNA: Good morning. CHAIRMAN BOWIE: Would you identify yourself for the record. Page 61 .~ -.' -""",""""--..-""-~~.,.....~"~~~--;"..~,,,,.";,,,,~".,- Janl~J, 3006 MR. ZAMPOGNA: My name is Carlo Zampogna. I'm an attorney with Woodward, Pires and Lombardo. CHAIRMAN BOWIE: Thank you, sir. And the recommendation of the county, please. MS. ARNOLD: Actually, in your packet we have noted that the fines that have accrued to date are $9,337.31 with operational cost included totaling 700 -- excuse me -- $577.31. There is compliance with this particular property. Many of you may recall the situation. I believe counsel here is asking for reduction in -- or an abatement of the fines, and the county has no objection to that. CHAIRMAN BOWIE: Thank you. Proceed, sir. Oh, would you swear in the respondent's representative, please? (Sworn.) CHAIRMAN BOWIE: Proceed with your case. This is for an abatement or reduction in these fines as set forth here? MR. ZAMPOGNA: May it please the board, my name is Carlo Zampogna. I do represent the respondent, Mr. Robert France. This is a very unique situation where this Code Enforcement case was initially done by a neighbor that called -- he called in a violation for Mr. Robert France. And it actually stems from a garage that was encroaching onto the county's property. Now the County didn't even know that this property was their property. And I'm sorry if I am repeating myself. I have come before you before. And in order to achieve compliance, we need to -- we went before the Board of County Commissioners and explained to them the situation, and let them know that in order to bring our property into compliance, we would have to be a little creative and exchange a piece of property that we owned for a piece of property that they owned. In fact, that was the Board of County Commissioners allowed us to work with county staff to achieve something that would bring our property into compliance. We did establish an agreement between the respondent and the county and have -- and if you recall the beginning of last year, Page 62 -..... ~ --,,,",,;~._,,,~,~_. . """".'-- 'm_~__ 1611 ~ January 2 , 2006. we were working with the county and all county staff to achieve compliance. You did impose a final date of July 28th in order for us to comply with the code. And it can been argued that when the Board of County Commissioners did sign the ordinance agreeing to -- signing the agreement that allowed us to exchange the two pieces of property, but technically our property was deemed in compliance at that time. The only things that had to happen was in order to convey clear title to the county for the northwest portion to be conveyed to the county and for the county to convey it to us. We did just go through a real estate transaction basically, and have a title search done on both properties. The respondent went through the refinancing process as well in order to clear title. There have been numerous surveys done due to legal description. They weren't simple legal descriptions, they were metes and bounds, because we had to alter the property in which it was originally conveyed to Mr. France. After the refinance process, the county drafted the documents that needed -- that were necessary for the conveyance. County Attorney's office drafted those. And we've been working diligently with them. One of the documents actually that has held us up was a subordination that we needed -- a subordination of easement for the county to access their property. This was the document that actually took so long to get because after the refinance was done, as what happens many times, is a mortgage is sold. So, we had to track down who the mortgage was sold to and the proper party to sign the subordination. And we did receive the subordination. The documents have been signed, and our property has been brought into compliance. Mr. France and our office has done nothing to delay the process to get his property into compliance. We work with county staff. At this time I do want to thank county staff, especially code enforcement for granting so many extensions and allowing us to work with county staff. Real estate services for having done a phenomenal job in working with us and establishing an agreement, and also the county attorney's office. At this time I do Page 63 "'".._.~~-- , ,.~- ..., - ,-- LQJ J, 2006 respectfully request that the fines that have been incurred from July 28th until January 23rd of this year be abated. We have no objection to paying the operational cost of $577.31, and I will make sure those are paid by weekend. But I do respectfully request a reduction of those other fines. CHAIRMAN BOWIE: The county's position on the request? MS. ARNOLD: We have no objection. CHAIRMAN BOWIE: Any discussion or questions from members of the board? COMMISSIONER BARNETT: I'd just like to say that we kind of followed this case because they had to come in front of us each month with either a letter or something stating what they were doing or how they progressed and they had progressed as quickly as they can. I think this is not your a typcial case. COMMISSIONER DEAN: I'd be surprised if the title company insured over this property, not knowing all along it was sold and build a garage. Yes he had a permit, but still there's a survey where the property is supposed to be. The title company -- that's why you get title insurance. So, obviously they're insuring over that. So if they recognize a problem of an easement, they insure over it with additional cost. MR. ZAMPOGNA: Actually, we did receive title insurance for this, and the survey that was provided was actually a faulty survey. So after this has all been said and done, we will be going after the surveyor. CHAIRMAN BOWIE: Thank you. Is there a motion from the Board? COMMISSIONER BARNETT: I'll make a motion that we let the fines be abated. CHAIRMAN BOWIE: And all the operational costs? COMMISSIONER BARNETT: The operational cost we can not do. Page 64 -_._~ .----,,-",,-- ---. 16' 1 January 26, 2006 CHAIRMAN BOWIE: We can't waive those? COMMISSIONER BARNETT: We can't. MR. ZAMPOGNA: And I have no objection to that. CHAIRMAN BOWIE: SO the motion is in the case of Board of County Commissioners versus Robert France 2004-001, that operational cost only be charged and that all fines be abated. Is there a second for that? COMMISSIONER DEWITTE: Second. CHAIRMAN BOWIE: Motion and a second. Any discussion? All in favor. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed. COMMISSIONER DEAN: Opposed. CHAIRMAN BOWIE: One opposed. CHAIRMAN BOWIE: Passed. Thank you. MR. ZAMPOGNA: Thank you very much. CHAIRMAN BOWIE: That concludes our hearing on imposition of fines. Oh, excuse me. There's one more. There is a case Board of County Commissioners versus Larry and Corena McVey, number 2004-039. Is anybody present representing the respondent? Not present. Could the county make its recommendations as to fines, please. MS ARNOLD: Yes. The fines to date have accrued to $71,476.75, which includes our operational cost of$826.75. And fines do continue to accrue because the fines have not -- fines have not met. Page 65 ,--_._- -^,---.-- --,.__..~,--.~-_..<.- , . JanlJ~6~ J06 CHAIRMAN BOWIE: Any discussion of the county's recommendation from members of the board? Hearing none, is there a motion? COMMISSIONER PONTE: I'd like to explore a couple of things with Jean and the county. There's a $71,000 fine here that's growing. We had a stipulation agreement that was involved here. Someone has agreed and just ignored us. What they're doing is thumbing their nose at us. And what's our recourse here, and/or in other cases that we might find? MS. RA WSON: Well, to turn it over to the county attorney for foreclosure, because after a while the fines will be worth more than the property. CHAIRMAN BOWIE:: It might be in this case at $71,000. MS. RA WSON: It could be. MS. ARNOLD: Not in Collier County. COMMISSIONER PONTE: Close just not yet. CHAIRMAN BOWIE: Is there a motion on behalf of the board? COMMISSIONER KRAENBRING: I make a motion that in the case of Larry and Corena McVey that we impose the fines. CHAIRMAN BOWIE:: And at the same time can we then include in your motion that we turn this over to the county because we are being ignored. They don't care that it cost them $71,000. They're just walking away from us. COMMISSIONER KRAENBRING: Is that something that gets triggered by recommendation from the county, or is that something that we -- MS. RA WSON: Well, I don't think you need to put it in your order, but I think that you basically tell the county attorney who's here to mention it to the county attorney who does this that we want you to proceed with foreclosure. CHAIRMAN BOWIE: Unless the property is homesteaded, of course, which is always a problem. We should realize that. Page 66 ,~ ..,...,.~.~---. .....,--=..-- .~.~---~ J~ 16,1006 But anyhow, what we need to deal with is the imposition of the fines. There was a motion -- COMMISSIONER BARNETT: Second. CHAIRMAN BOWIE -- that the county presented fines be adopted and a second. All those in favor? CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRING: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Opposed? Passes. Thank you. That concludes the hearings on imposition of fines and liens. We move onto our next agenda item, Old Business. It does not appear to be any on the agenda. Reports. Any reports to be made to us by the county? Don't appear to be any. Comments? Notice of election in March, already made earlier. March is our election meeting. I believe we have been presented with a copy of the County Ordinance regulating the Code Enforcement Board. The purpose of delivering this to us is to show this ordinance has been revised, correct? MS. ARNOLD: Yes. CHAIRMAN BOWIE: I saw one of the ways it's been revised is we've been given the enhanced binding powers permitted by Florida Statutes. MS. ARNOLD: Correct. CHAIRMAN BOWIE: Were there any other revisions, Michelle, that you'd like to call to our attention? MS. ARNOLD: What was modified in this particular ordinance was just kind of cleaning up and making it up to date as far as the statutes is concerned. And we repealed all the other ordinances that were on the books, so this particular one is the only one that's in effect Page 67 ~._,........_, < . _.-~ ..,._,._"'~< la6al16, 2006 right now. So we incorporated all the modifications that have occurred over the years since the inception of the Code Enforcement Board. CHAIRMAN BOWIE: Any questions of Michelle. MS. ARNOLD: If I may, Mr. Chairman, I do want to note that I did send you all an email regarding the Sunshine Law workshop that's . comIng up. CHAIRMAN BOWIE: Yes, I've distributed copies of that as well to all members. And certainly the newer members who might not have had the opportunity to attend a session like this, this is really something you should attend. COMMISSIONER KRAENBRING: Is this similar to the one we attended at Sanibel Harbor? Is it the same topics? CHAIRMAN BOWIE: No. MS. RA WSON: This is probably presented by the county attorneys. CHAIRMAN BOWIE: It is. MS. RA WSON: It's about the Sunshine law exclusively. And the one that we went to in Sanibel was much more all encompassing. MS. ARNOLD: Okay. This is the County Attorney's Office putting that on. It has information on Sunshine law, ex parte communication and all the information that you all need to know as quasi judicial board. I did get a response from Mr. Ponte as well as Mr. Dean, so, I've added you all to the list if anybody else is interested. I think Sheri, you have actually -- COMMISSIONER BARNETT: I've been to it. MS. ARNOLD: Yeah. And I don't know if Mr. Morgan, you've attended it before in other boards, so if you've served on other boards, it's very possible that you've already attended it, so -- MS. RAWSON: But I would make a suggestion since I've obviously been to several of these. But I don't have the up dated materials. Those of you who go, why don't you bring in your updated Page 68 .-,p,,- ---.-...---.,-, .. _.~----- .-- Jlu~~J2oo6 materials and we'll share them with your co-board members. So that everybody at least has an opportunity to read it if you can't go. Because it's a good thing to remind ourselves every now and then about what the Sunshine Law says and about conflicts of interest and so forth. And generally speaking, it's just been a really great seminar about everything that has to do with your ethical obligations on this beard. CHAIRMAN BOWIE: Thank you, Jean. COMMISSIONER BARNETT: Speaking of that, Jean, do you happen to have a form I need fill out. MS. RAWSON: I do. CHAIRMAN BOWIE: Next meeting date is February 23rd. Put that on your calendars. Finally, hearing no other matter of business, appropriate for a motion to adjourn? COMMISSIONER DEAN: Motion to adjourn. CHAIRMAN BOWIE: Second for that, please. COMMISSIONER PONTE: Second. CHAIRMAN BOWIE: Oh, I'm sure there's going to be a lot of opposition for this. Those in favor. CHAIRMAN BOWIE: Aye. COMMISSIONER KRAENBRlNG: Aye. COMMISSIONER MORGAN: Aye. COMMISSIONER BARNETT: Aye. COMMISSIONER PONTE: Aye. COMMISSIONER DEAN: Aye. COMMISSIONER DEWITTE: Aye. CHAIRMAN BOWIE: Thank you. Page 69 _..'-_....,.'~~._."---- _h. """"'" -,------ '. ,,,.___.___u'm J14bi 2006 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:00 noon. CODE ENFORCEMENT BOARD .lL ~~ ~~13~ RA YMOND BO E, CHairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY DANIELLE AHREN. Page 70 ___,__..._e",,_, >>_..__d ......."0__ ..--.-.-... - '..- '---~'_.'"'-"--'" 16' 1 FOREST IHl\D'" Y AND DRAINAGE !\1.S.T.l . LAKES ADVISORY COMMITl'EE 1885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 March 8, 2006 Af!enda L CALL MEETING TO ORDER n. ATTENDANCE m. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: February 8, 2006 Sa_tine Law Review - Mike Pettit, As.sistmrt Coullty Attomey V. TRANSPORTATION SERVICES REPORT A Budget - Tessie SiIlery VL OLD BUSINESS A Report by Wilson-Miller - Craig Pajer B. Signage Update - Darryl C. Pot Hole Update - Darryl D. Funding Alternatives & Update on Bonding - Darryl/Diane vn. NEW BUSINESS vm. PUBUC COMMENTS IX. ADJOURNMENT The next 11Ieetinu will be April /2, 2006 - I (/:(/0 AM ('ollit,," ('(HIIII~ Tnlllsportation Building/East ('onft't't'IH't' I{oom 2~85 Ilof'st'shoe Ih'iH' South Naples. FI, 341 lIef 1 .n _,.~_"".,.~ ;;r-o r . . 16' 1 FOREST IH)'\D\V.\ \ AND DR.\IN.\GE M.S.T.l i. LAKES ADVISORY COMMI'ITEE 2705 HORSESHOE DRIVE SOUTH NAPLES. FL 34104 SUMMARY OF MEETING & MOTIONS (Febmary a, 2006) Ill. & IV. Agenda & Minutes of January 11,2006 were approved unanimously as amended. VL Old Business A. Report by Wilson Miller - Cnig Pajer 2. Update on Signage - a quote has been received from Lykens. George Fogg IIIOVetl to tlJ'prove tire ,"ole frmn Lykens not to exceed $18,000 for the signage. County staff will negotiate with tire Vendor. Set:ond by Bill SetJbllry. Corried IllUlllimously 5-IJ. 3. Update on Pot Boles - Craig recommended an overlay not be done until the whole roadway can be constructed. They discussed 2 sections in Emerald Greens area. Waiting for a quote from Bonness. George Fogg moved to approve the COUllty moving forward with tile WoodslUre overlay of 6tJO lille.lll' feet not to exceed U8,(J(J(J. Second by Roger Somerville. Carried ulIIlIIimously 5-0. Discussion followed on Turtle Lakes overlay. They did an overlay without permission from the MSTU and now asking for a reimbursement of approx. $13,000. George Fogg moved to reimburse Tllrtle LIlkes Golf ColollY $13,436.99. Set:ond by Bill SeaInuy. Carried ullllllimously 5-0. vn. New Business B. Appearance of EDtrance to Woodshire Lane - debris in the area was discussed at length. Bill SeabIlry IIIOVetl to tlJ'prove IUrillg SOIll/!OIIe for tI1UIIllllllUli1ltelUlllCe, especially mowing tile area of Woodshire Lane from Forest LIlkes Blvd. to Pille Ridge not to aceed $5,tJtJO. Set:ond by George ~ ullanimously 5-0- Date: () Q - , t - 0 in Fiala J Item #J (P I l (" I.d.- Halas CoPes to: Henning Coyle Coletta 1 --- 1 . 1611 FOREST ROAD\VA Y AND DRAINAGE '\1.S.T.t . LAKES ADVISORY COMMITI'EE 2885 HORS.ESHOE DRIV.E SOUTH NAP~ FL 34104 February 8, 2006 Minutes I. The meeting was called to order by Chairman Bob Jones at 10:03 AM. II. ATTENDANCE: Memben: Bob Jones. Virginia Donovan, Roger Somerville, Bill Seabury. George Fogg County: Darryl Richard-Project Mgr., Tessie Sillery-MSTU Coordinator, Diane Flagg-A TM Director Otben: Craig Pajer & Chris Breinling-Wilson Miller, Joe Dunn-Forest Lakes Dr. HI. APPROVAL OF AGENDA -.Add under "New Business "-(A)Turtle Lakes Project (8) Appearance of Entrance to Woodshire Lane George FOIl moved to approve the Agenda as amended. Second by Bill Seabury. Carried unanimously 5-0. IV. APPROVAL OF MINUTES: January 11, 2006 It was noted George Fogg arrived at the January 11th meeting at 10:30 due to time on meeting reminder. Page 2 - George Fogg mentioned he gave thanks to the County on the removal of trees along the Naples Bath & Tennis area. George FOIl moved to approve tbe miDutes of January 11, 2006 as amended. Second by Virginia Donovan. Carried unanimously 5-0. SulfSltiu Law R~ - Mike Pettit, AssisttuIt COIInty A1Iomey - his presentation will be re-scbeduled for tbe March meeting. V. TRANSPORTATION SERVICES REPORT A. Budget - Tessie Sillery - the Budget was distributed. (Attached) Discussion followed on the various vendor Contracts, time limits and cancellation of contracts. Darryl mentioned if services are not forthcoming from their vendors as per work orders from the Counties request, they will have to cancel the work orders and find other vendors. Discussed disappointment with Kyle Construction not proceeding in a timely manner. One of the problems is not getting clear direction from the County as to when to do their work due to problems with the Golf Course. There have been delays. Craig mentioned there are projects the Committee has authorized. but no work orders have been issued as of yet. Until the design is finished, construction cannot be started. Suggested listing non-committed funds from the available balance for a better understanding. B. Update on ADnual Maintenance of Pipes & Ditches - Darryl Ricbard - no problems reported upon inspection of the drainage inlets. Water is flowing through the pipes as designed. A separate contract is not needed. 1 -_._,-,---~,_.- <'I , -~--- 1611 VI. OLD BUSINESS A. Report by Wilson-Miller - Craig Pajer 1. Update on letter to Golf Course - letter was sent to the Golf Course February 20th with a schedule of projects from the MSTU. Darryl stated he is now proceeding with the projects. A lengthy discussion followed on the water flow, gravity flow and control structure flow. Diane asked about the 24" drainage pipe and swale # 15. Being it is on private property, a Right of Entry is needed from the Golf Course. Bob Jones stated he bad obtained one from the Golf Course and the County staff bas it and will check if it bas an expiration date. It was noted Swales #2, 7, & 10 will need Right of Entries. Darryl & Craig will attend the Golf Course's Board meeting on February 21st. 2. Update on Sign age - a quote has been received from Lykens. George Fogg moved to approve the quote from Lykens not to exceed $18,000 for the sign age. County staff will negotiate with the vendor. Second by Bill Seabury. Carried unanimously 5-0. 3. Update on Pot Holes - Craig and ChrisIWilson Miller met with George concerning 2 sections of the Emerald Greens area. Craig recommended an overlay be done until the whole roadway can be constructed. It would be for 600 linear feet - an estimate of $48,000. Waiting for a quote from Bonness. George Fogg moved to approve the County moving forward with the W oodshire overlay of 600 linear feet not to exceed $48,000. Second by Roger Somerville. Carried unanimously 5-0. Craig's Report continued - he has responded to SFLWM on the gravity pump station project and waiting for a response. Map of the area was shown - Lake #9 - pump station. SFLWM is concerned with making sure the lake doesn't flood and wondered where the water will go. He explained the regrading of the different swales and swale # 11 which may be a prerequisite for SFLWM. The City of Naples put controls on the effluent and has a preset elevation. When it reaches that elevation it will no longer fill the lake. Craig has applied for the permit and Darryl will work on a temporary fix to get through the next hurricane season. The Turtle Lakes overlay project estimate by Wilson Miller was $40,000 and has been done by Turtle Lakes (according to letter attached) for $13,000. Turtle Lakes did the overlay without the permission of the MSTU as it is in the MSTU area. Turtle Lakes is asking for reimbursement if this expense. Roger was opposed to a reimbursement because they knew the MSTU was going to proceed with this project. A lengthy discussed pursued. George Fogg moved to reimburse Turtle Lakes Golf Colony $13,436.99. Second by Bill Seabury. This will go through the BCC as it is a project that did not follow County purchasing policy and will need to be explained to them. Can't take private county tax dollars and give it to a private organization. Will also need an invoice from the Association showing their cost. Carried unanimously 5-0. Yard drainage issues in Villas - was found the water is coming off the roofs and is an individual or Homeowner Assoc. issue. The MSTU's Ordinance is for roadway drainage 2 .~.__.._-_._-,_.._,-,.,~,..,._".__..,----, v . 161 1 and not individual Assoc. problems with water off their roofs. A solution to their problem is downspouts as there are no culverts to take the water away. This is not an MSTU issue. Jot! Dullll - residmt at 1078 Forest LoIces Dr.) Talked about water in his garage. He did not have it previously, and asked why it is accumulating now. The consukant will address the issue and see if there is a reason for water in his garage. It was decided to send a report to the Homeowner's Assoc. concerning the problem with their downspouts. 4. County Wide Storm Water Improvement Project - Darryl Richard Margaret Bishop has been unable to attend the meetings. Her project with the Water Quality Park is not in progress yet and will not address Forest Lakes concerns. But another project with the canal between Forest Lakes and south does need to be addressed. Craig distributed a handout from the internet showing the area being discussed. Over the years more debris and silt has accumulated in the Gordon River and needs maintenance the same as other drainage ways. VII. NEW BUSINESS A. Turtle Lakes Project - addressed above B. Appearance of Entrance to W oodshire Lane - the area in discussion is from Pine Ridge to Forest Lakes Blvd. This is the responsibility of the MSTU. Bob Jones and Darryl will meet and define the areas. There are limbs, debris and broken off telephone poles that need to be addressed in the area. Mowing was discussed. Bill Seabury moved to approve hiring someone for annual maintenance, specially mowing the area of Woods hire Lane from Forest Lakes Blvd. to Pine Ridge not to exceed $5,000. Second by George FOil. Carried unanimously 5-0. 0 &mag - Diane Flagg stated Wilson Miller is to prioritize the projects, review and finalize the Master Plan. The County Attorney is working with the Supervisor of Elections determining if they should mail a ballot or do it in the General Election in November. 0 A referendum vote is needed after the final Master Plan is given. This will go to the registered voters only. The State law states a person cannot vote unless they are a registered voter. 0 Diane will ask the Budget Office if there are funding alternatives. VID. PUBLIC COMMENTS - None Being no further business is to come before the Committee, the meeting was adjourned at 12:30 P.M. 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W N 0:: ..... <(, ,Wz, O::l.O Q) I-I-I-~WI-ffiow .0 0 z(/)(/) :::>(/)LLLL> ..... wWWffiOW(/)>-1- (.) 0 o::o::o::~zo::zo::<( o::ww -w <!) I-I-_....JI-~O:: :::> ww <(w OZZO::OZI-OZ .... 000000000 (.)W Ol'--COOONOOO wC ..................C")NC")c.oN0> "'0 .................. 0>............ c.oo>o> m(.) ......c.oc.o c.o...... c.o coco CO 0 C")C")C")C")C")C")o;to;to;t ....0:: C")00C")00000 enW O>cocoO>coco.................. 0!Z l.OOOl.OOOOOO NO>O>NO>O>O>O>O> (.)W ......coco......coco.................. (.) ......0>0>......0>0>0>0>0> .._~,.......,...- ,....,.. .,,~.," . FOREST LAKES ROADWAY AND DRAINAGE MSTU 16/ 1 J ... , P.O. Amount Forest Lakes MSTU - FEBRUARY Report on P.O's Opened P.O. Balances Improv. General Wilson Miller - PO 4500013180 - Engineering Srv. 4,837.50 $4,837.50 Improv. General Quality Enterprise - PO 4500028338 20,437.50 $20,437.50 Improv. General Wilson Miller - PO #4500053582 - Design Swale #2 15,000.00 $10,196.00 Improv. General Kyle Construction - PO # 4500028337 68,299.00 $68,299.00 Improv. General Wilson Miller - PO # 4500054327- Observ. & Survey Servo 9,666.00 $9,666.00 Improv. General Wilson Miller - PO # 4500053581 - Design Swale # 7 & 8 30,000.00 $20,104.00 Improv. General Wilson Miller - PO # 4500057958 - Traffic Engineering Srv. 29,980.00 29,980.00 Improv. General Kyle Construction - PO # 4500054677 - Regrade 15 19,470.00 $19,470.00 Improv. General Bonness - PO # 4500050252 - Patching 4,992.67 $3,281.98 Wilson Miller - PO # 4500053583 - Roadway signage & pavement Improv. General marking 3,500.00 $0.00 Other Contractual Servo Cougar -(note: in process of closing) $590.11 Other Contractual Servo Lake Doctors - Annual Maint. 4,780.00 $2,760.00 Other Misc. Mancan, Inc. 3,500.00 $2,466.19 Electricity FP&L 625.00 $383.57 I .---- 16/1 " FOREST LAKES ROADWAY AND DRAINAGE MSTU Monthly Activity - February Meeting Report Title Sub-Title Amount Electricity FP&L-Forest Lakes Boxwood lift. 8.45 Electricity FP&L-Forest Lakes -Street Lights - JAN 35.53 Total $43.98 Other Misc. Services Mancan Inc. - Sue - Secretary $262.73 Other Misc. Services Mancan Inc. - Sue - Secretary $353.93 Total $616.66 I Total Operating Inv. Paid $660.641 Capital Improvement Wilson Miller - P.O. 4500053583 -Roadway Signage $875.00 Capital Improvement Wilson Miller - P.O. 4500053583-Roadway Signage $2,625.00 Capital Improvement Wilson Miller - P.O. 4500053582 - Swale #2 $4,804.00 Capital Improvement Wilson Miller - P.O. 4500053581 - SwaJe 7 & 10 $9,896.00 I Total Capital Improvement Inv. Pai'd $18,200.00 P.O. History - New P.O. Wilson Miller - P.O. 4500057958 - WO # WMI-FT-3465-06-04 Annaul Contract Traffic Engineering Capital Improvement Services $29,980.00 - --_._- JAN-S0-2e06 11:19 AM TURTLELAKE 2392636647 p.el F~. CV~ - 84-14- 1611 January 30, 2006 Mr. Bob Jones, President MSTU Dear Bob, On behalf of the residents of the Turtle Lake Condo AISD. and probably all the other condo residents in the MSTU, I would like to thank you and tbe MSTU Board for the effort and suceess in getting a light installed at the east end of Forest Lakes Blvd. I know it wiD be safer for all the folks in tbe area. Now, if we could get anotherJamp between the new Ught and Pine Ridge, the street would be safer yet. ]f possible, I would ask that the tree, located in such a way as to block tbe Ught coming from the new lamp toward FLB, be trimmed. If that is our MSTU's tree, we would be glad to send our landscape folks to do it. If it belongs to the golf course, I would be glad to discuss this witb them. Regarding our discussion of signs, I hope we can get a stop or yield sign plaeed at the intersection of FLB and Quail Forest Blvd. It's the corner that has the "stop" bar, but no sign. Also, the sign, located on QFB, to stop traffic at FLB, needs replacing, as the color is nearly gone. Another siln, which would help us, would be tbe street sign for Turtle Lake Court at FLB. It does not reflect the name any more. Newcomers and EMS- type vehicles could miss the street at night. Sent separately, is the cost of paving Turtle Lake Ct. We hope you can help os with this expense. T~~. / lau'ls ~'~Si~~1~jP.B~'lIj ,'~' ,I, Jo . B a (6~,t~; ~\j:d9$\(1t1()~z: 'i~,i~j , ( _,- {-,. .If Board Secretary '"1/7/) - . .71 tt!1 , Turtle Lake Golf COIOD~J~'9t.l~~'!~~^ . .aA!.1 , .. s..,.lt"I lS3-.Iq'JI ttJor C/ITLGC file ,'s~:or ~~1{\q'2~ ,,'~ ,--- '- -_..__....."~ _-._p."0_, '_._'"''-'_~'_'_'_'___''''' I JA~-3e-2ee6 11:20 AM TURTLELAKE 2392636647 P.0Z Sonness Inc. 16nfvTCE " . 1990 Seward Aven,ue Q C ' . \ Naples, FL 34109 rJ~ 239.597-6221 ______ 1,0 : turtle Lake Golf Colony Invoice # : 4972 I' 80 Forest Lakes Boulevard Date : 5/31/2005 aDles. FL 34105 Application '1#: 1 dOff tract : 05074- Turtle Lake Golf Colony Paving l ' ,Contract % Total i C, ntract Item Amount Complete To, Oat. I , \ I ' I -H01 Parking A thru 12 pa,vement Overlay 153,540.47 100.00% I 1q3,540.41 I j 02 Remove & Replace Trash Roads 23.989.02 100.00% ' 23,989.02, I 3 Turtle Lane Court Overlay 13,436.99 100,00% · 1:3,436.99 I 04 CO#l Carstops replaced 6,615.00 ' 100.00% : i6.615.00 I -...._,," .', ".-. ..... " .. "-,-,_. ..... . -..,. "'--/-" .----.. I i j I - I I I I ~ '\ J ,: ~ :':----.~~~..,Dl.~~~, ''''). ' , . _. ,"'. \ 1:t)i[i"~tS~:;)m ('J;,)(JJ) i <CU ';diUI5T.7/lfBT,u _rJ , ''l -- &.iiEIIJ , u, .~,.I''ll. i!I.,'t P.lP8-6P9 (6ri),X8a Z69S-6t9 (6rZ) 3QOQd ; .' , ! J ! I ,f ~ f S.Oltt8P!.I0il~ 'S3IdfuN J , 3A!.IU S3"'U'11S3.10~ tOOl', Ii : , ! svauor H lJaqoH- I v ' f ----' , j ',- r ~-'"-~--"'-'~'- --- PIJ~ ofYl~ Yloan6y Yl~ 6 J 3301 East Tamiami Trail · Naples, Florida 34112. 4977 (239) 774-8097 . Fax (239) 774.3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Certified Return Receipt 7002 0460 0001 5729 7099 March 14, 2006 SCAAP 2006 Bureau of Justice Assistance Control Desk 810 Seventh Street, NW Washington, DC 20531 Re: SCAAP Designated Official Ladies and Gentlemen: Pursuant to a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance Program (SCAAP) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Collier County Sheriff Don Hunter as the applicant and receiver and expender of the SCAAP 2006 payment. Sincerely, ~ ~;?- ~~--' Frank Halas Chairman Collier County Commission ..'tP~t)"""i~. 'i" :, .,. ;., , . 'i. < ., .. '.', ",c, ....,..., -'" " '" '" ~ , . > ,.' l(JrtIl fJ~ ... . J. .. . " ~nEST: \ i: :;:",'_:;.. - '0 ~Ir;HT Eo BR~r Cl E R.K .> '"..le '..;-, , . ~ ...... ,-' .. " , 0<... , ,"~,--~,,"~,-,,"'._---"",. ~.. .. --"."-,-,,., ..~A."",...,,..............,_.. -......... _..1JlOl .. I D _''"_ ..._.~,."'""...._..._,. .,,__.h"'h~'''_', .~_ ",~.._.m.h ...._. __.. 16Kl DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 16K2 DOCUMENT NOT RECEIVED IN THE CLERK TO THE BOARD OFFICE AS OF February 22, 2007 I 1 7 A f ..... 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 Other: (Display Adv., location, etc.) .*.*.*******.*.***..*********.*.**********..****.****************.*.**.***...**.........*****.********..* Originating DeptJ Div: Comm.Dev.Serv.lPlanningPerson: Ashley Blair ~ Date: \ I:; \ I o. (0 Petition No. (If none, give brief description): SNR-2005-AR-8899, Blossom Court Petitioner: (Name & Address): Valencia Lakes HOA, Scott Osmond, 13100 Westlinks Terrace, Ft Myers, F1. 33913 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Beazer Homes, 13100 Westlinks Terrace, Ft. Myers, FI. 33913; Valencia Lakes at Orangetree Homeowners Assoc., Inc., 1879 Ivory Cane Pt., Naples, Fl. 34119 Hearing before BCC BZA Other Requested Hearing date: 3/14/06 Based on advertisement appearing !.L 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: SNR-2005-AR-8899. Beazer Homes Corporation, represented by Scott Osmond, of Valencia Lakes HOA, requesting a street name change from Inlet Cove Court to Blossom Court for Valencia Lakes Phase 7-A. The subject property is located in Sections 22 and 23, Township 48 South, Range 27 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: . Approved by: ~ ~ ate 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 Req uesting 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: Oat. R"'iVO&~ Oat. of Publi. h=ing: $J& Date Advertised: ~ - ." '~"'-""~'."'>"'-"""-';"'------;---,--~..."".-..".......,...,. IJ\a. 17A - RESOLUTION 2006 -_ A RESOLUTION OF 11IB BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING INLET COVE COURT TO BWSSOMCOURT FOR V ALRNOA LAKES PHASE 7.A, WITHIN SECflONS 22 AND ~, TOWNSmp 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FWRlDA, AND "PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 336.05, Florida Statutes, has Conferred on all counties in Florida the power to name or rename streets and roads, except for certain state rollds; and WHEREAS, Ordinance 2003-14, codifiDd as Chapter 22, Article X, of the Code of Laws and Ordinances of Collier County, Florida. Cltabli.sbed criteria and procedures to rename streets or roads; and WHEREAS, Scc.Xt Osmond, agent for petitioner Beazer Homes and a director of Valencia Lakes at Orangetree Homeownen' Association, "Inc., has applied to rename Inlet Cove Court to Blossom Court pursuant to the procedures set forth in Section 22-360 of the Code of Laws and Ordinances. This street is depicted in the plat of Valencia Lakes Phase 7-A, recorded in Plat Book 44, Pages 82 through 86, and is sUITOUnded by Lots 30 through 50 (inclusive) of said subdivision; and WHEREAS, after notice pursuant to said procedures being made and provided, the Board of County Commissioners held a public hearing to consider the application and determined that all criteria set forth in Chapter 22, Article x., of Code of Laws and Onlinll.llCCS had been met, specifically finding that there is no other street in Collier County with the same Iiame or any similar sounding name. NOW, THEREFORE, BE IT REsOLVED BY The Boanl of County Commissioners of Collier County, Florida, that 1. Effective this dare of hearing, lnlet Cove Court, as depicted in the plat of Valenc.ia Lakes Phase 7-A, recorded in Plat Book 44, Pages 82 through 86, and surrounded by Lots 30 through 50 (inclusive) of said subdivision, is hereby changed to Blossom Court and is confinned as such. 2. This Resolution sball be recorded in the Public Records of Collier County, Florida, and noted upon the appropriate zoning atlas of Collier County, and notations made on the refereuced pial. This Resolution adopted after motion, second arid super-m~ority vote favoring same, Ibis _ day of ,2006. DATE; ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT B. BROCK. CLERK COLLIER COUNTY, FLORIDA By: Frank Halas, Olairman ~17A February 2, 2006 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: SNR-2005-AR-8899, Blossom Court Dear Pam: Please advertise the above referenced notice on Sunday, February 26, 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 _'".",-,.,-,-"",~"----, ~ ..,.,., "'''--''---.''''--'''- ..",..-- ~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, March 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: SNR-200S-AR-8899, Beazer Homes Corporation represented by Scott Osmond, of Valencia Lakes HOA, requesting a street name change from Inlet Cove Court to Blossom Court for Valencia Lakes Phase 7-A. The subject property is located in Sections 22 and 23, Township 48 South, Range 27 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Heidi R. Rockhold, Deputy Clerk ( SEAL) CLERK '~~~1{ii~&~~ COURT '- 1 7 A . COLLIER COUNTY ~UR1i\OUSE DWight E. Brock 3301 TAMIAMI T L EAST Clerk of Courts Clerk of Courts . P.O. BOX 4 f~044 \, Accoun~ant NAPLES, FLORIDA ~~101-3d44 AudItor "it i Custodian of County Funds YH*.t;;~v. 1 :':$::I>,.:?-, J . ,. '" ( February 2,2006 ;).--/ Valencia Lakes HOA Scott Osmond 13100 Westlinks Terrace Ft. Myers, FI 33913 Re: Notice of Public Hearing to consider Petition SRA-2005-AR-8899, Blossom Court Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 14,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 26, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~,a~~t~( HeIdi R. Rockhold, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: coIlierclerk@clerk.coIlier.fl.us ---~.._."...-.- -'"~.~_.".,,-. 'CQiijity-()f-G~l,lier' t.17 A ~ .~.....~ l CLERK OF THE ()~CUIT COURT . COLLIER COUNTY URT OUSE DWight E. Brock 3301 TAMIAMI IL E1~)T Clerk of Courts Clerk of Courts P.O. BOX 4 ~U44 \, Accountant NAPLES, FLORIDA~ft.l 0 1-3d44 . Auditor i(, I CustodIan of County Funds ",~i;:\. / ;t__J February 2, 2006 - / Orangetre~ Homeowners Assoc. Inc., (Valencia Lakes) 1879 Ivory Cane Pt. Naples, Florida 34119 Re: Notice of Public Hearing to consider Petition SRA-2005-AR-8899, Blossom Court Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 14,2006, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 26, 2006. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t::~o~o~oefuW, DQ Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.collier.fl.us Email: collierclerk@clerk.collier.fl.us ~""'. ---.-.......~ .. ... <'-'~'. ~, 17A .... Heidi R. Rockhold From: Heidi R. Rockhold Sent: Thursday, February 02, 2006 10:38 AM To: 'Iegals@naplesnews.com' Subject: SNR-2005-AR-8899, Blossom Court Attachments: SNR-2005-AR-8899.doc; SNR-2005-AR-8899.doc Legals, Please advertise the above mentioned notice on Sunday, February 26, 2006. SNR-200S-AR-8899SNR-200S-AR-8899 .doc (29 KB) .doc (28 KB) If questions', please call. Thank }'OU :) Heidi R. Rockhold Clerk to the Board of County Commissioners Minutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collier.fl. us) Heidi Rockhold I ! 17A ; I Heidi R. Rockhold From: ClerkPostmaster Sent: Thursday, February 02, 2006 10:38 AM To: Heidi R Rockhold Subject: Delivery Status Notification (Relay) Attachments: ATT3583707.txt; SNR-2005-AR-8899, Blossom Court S D ::...:'::; ,.~..' - ATT3583707.txt 5NR-2005-AR-8899 (231 B) , Blossom Cour... Th' . .. . II 1 D I' S" \' 'f' . IS IS. all automatlca. y g:enerate( elW:'IY , latus j 'otpcatZOIl. Your mes5wge has been succes.~lltlly relayed to thefoll{)}villg recipients, but the requested detivel)' status not(/lcations may not be generated by the de.<;tination. leg'(lls(~l)nap! es neH1S. com Heidi Rockhold 1 ~17A Heidi R. Rockhold From: System Administrator [postmaster@naplesnews.com] Sent: Thursday, February 02, 2006 10:39 AM To: Heidi R. Rockhold Subject: Delivered: SNR-2005-AR-8899, Blossom Court Attachments: SNR-2005-AR-8899, Blossom Court [2] ~.' SNR-200S-AR-8899 I Blossom Cour... < <SNR-2005-AR-8899. Bloss'om Court>> Your message <... To: legals (fl}naplesn evvs. corn Sul?ject: SNR-2005-AR-8899, Blossom Court Sent: Thu, 2 Fcb 2006 10:37:56 -()500 was delivered to thefollolving recipient(s): legals on TIm, 2 Feb 2006 ]0:38:50 -()500 Heidi Rockhold 1 SNR-2005-AR-8899, Blossom Court Page 1 of 1 w....,. 17A Heidi R. Rockhold ~_~~,~~._.~^~__.~_.?_.'_~~~'~'^~~~~,^_'Y___'HC<~'~_'~_~"__~___,,_A_.,~_~_~~",,~~~~,~~~~~^vm~'^"_,_",.~^_^_.~.~'~.~._~~_^'_~^~~~~~~~^~~~~~_~_^V_,_,.,_,W~.'_^V_ From: Perrell, Pamela [paperrell@naplesnews.com] Sent: Thursday, February 02,200610:47 AM To: Heidi R. Rockhold Subject: RE: SNR-2005-AR-8899, Blossom Court OK -----Original Message----- From: Heidi R. Rockhold [mailto:HeidLRockhold@c1erk.collierJl.us] Sent: Thursday, February 02, 2006 10:38 AM To: legals@naplesnews.com Subject: SNR-200S-AR-8899, Blossom Court Legals, Please advertise the above mentioned notice on Sunda.}', February 26, 2006. <<SN R-2005-AR-8899. doc>> < <SN R-2005-AR-8899. doc>> If questions, please call. Thank you :) Heidi R. Rockhold Clerk to the Board o.rCoun~v Commissioners lvfinutes and Records Department (Phone) 239-774-8411 (Fax) 239-774-8408 (heidi. rockhold@clerk.collier.fl. us) 2/2/2006 ~.~i,... 1 7 A $NR.Z005~ NOTICE OF PUlLIC HEARING 0 Natlce Is herebl given NAPLES DAILY NEWS that the Board a Caunty ~mmlSSJoners of Cal. Published Daily pti{,IIC9rW Mil halc:! a e elltl"p' an Tues. Naples, FL 34102 ~~1, March . 4. 2006 In e Baardraam, 3rd Flaar, . Admlnlstrlltlan! Bul/dlnQ, CaWer County! Affidavit of Publication Gavernment Center 3301 East Tamlaml Trail' Naples, Flarlda. The State of Florida n;'elltlng will bl!gl" at 9.00A.fl,4. County of Collier The B~1'd will canslder Petition: . SNR.2005'AR- 11899, Bealer Homes Car. r::r:lgn represented by " smond. afValen. Before the undersigned they serve as the authority, personally f!:tgL.ake.tHOA, request. II S reet name appeared B. Lamb, who on oath says that they g"1I~e from Inlet Calle au ta Blassam Caurt serve as the Assist.ant Corporate Secretary ofthe Naples Daily, for Valencl. Lakes a daily newspaper published at Naples, in Collier County, Ph.sl! HI. The sllbject t'ftTrty I, h)cated In Florida; distributed in Collier and Lee counties of Florida; that an, 22 and 23 Towns~p 48 Sauth' the attached copy of the advertising, being a aange 2 East. CalUer ounty, Flarlda, PUBLIC NOTiCE ~OTE: Alt Persons wish. ~. spe.ak an'any a .... Item must~'S' ~h the Caunty d. in the matter of Public Notice s~tl lItar rlar ta pre. on a the agenda Ite.m ta.. be addressed as published in said newspaper I Indlvldllal lIpeakers wll; be limited to 5 minutes on an}' Item. The selec. time(s) in the issue February 26th, 2006 tlon 'Of an Individual tD spea~ 'On behalf 'Of an organIzation .ar prDUP Is e/lflouraied. I recog- niZed b . the Chair a spokes .rsan tDr' a l grQu&ear ~anlzation m41 all. d 10 min. ~t.stospiakDn an ell'!. " Affiant further says that the said Naples Daily 'J ews is a newspaper I hersans!Nlstllng to published at Naples. in said Collier County, Florida, and that the said ma3e~iTCoruS~'~I~, newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, the:. . ilQenda pack: 'lfmlt uld each day and has been entered as second class mail matter at the post m ",. minimum of 3 office in Naples, in said Collier County, Florida, for a period of I 't", or 'fll the r,e- year next preceding the first publication of the attached copy of .l.......~i!.rlng. .. . . ma. advertisement; and affiant further says that he has neither paid nor te .,In net . to be 1;'0 '. "M BDard promised any person, fIrm or corporation any discount, rebate, sh, . . ec. ." ,mltted tD commission or refund for the purpose of securing this advertisement for thl!'approj)l' ate County staff a minImum of sev- publication in the said newspaper. en..., .P:!'!f~(~ the 4. ~ . C'.' .ii,~ll ma." r . '.', .. '" enta- i tlDIlS Ile 'Ore, . oard i .'" "~m, '...m~1 ( Signature of affiant) nent part of the record, Any persDn WhD decld- e1 ~..~ de~n 0, Wlljj-' Sworn to and subscribed before me recard 'Of the prDceed. Ings pertaining thereto This February 27th, 2006 and therefore, may, need to ensure that a' verbatim recardof the I '1 I1~A.o~L~h' prC!ceedlngs is made, I which recDrd Includes )1._ oR- / the testimony and evl. (SIgnature of notary public) dence upDn which the appeal Is based. BOARD~OUNTY CO~ COLLIER COUNTY ~,:j'fW~~.~. . Harriell Bushon'J FLORI!)A' . 9.' J;;i '"r:,. '.' '-"Wi!~~.!ON # DD23461i7 EXPIRES Ui~"'K HALAS. CHAIR. July 24, 2007 DWIBHT E. BROCK CLERK, ' " , '\>\I'vtD TII211TROY FAIN IN~Uii;. ,(i,'K By: HeldlR. Rockhold Deputy Clerk . (SEAL) Feb. 26 No. 1314715 ..".""~ "--"".,, ""-~"'>' ~ -,..'~ .-..-..-.- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP" 17 ift, 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 h routin lines #1 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. ~-Vh dr4- I-~ t{ c!. 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 BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Phone Number Contact Agenda Date Item was Agenda Item Number A roved b the BCC Type of Document Number of Original / Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. 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 jJ contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2, All handwritten strike-through and revisions have been initialed by the County Attorney's ;01 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 nature 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. ~ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 1'-1 0 (enter date) and all changes N/A is not made during the meeting have been incorpor ted i the attached document. The an option for Count Attorne 's Office has reviewed the chan es, if a licable. line 6. I: Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 __., ,._<'_....."M.,_.___.,"_,___..........._....,,~ "._-~,-,,_.,-,...__.~._._._'"- MEMORANDUM Date: March 16, 2006 To: Sheriff's Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2006-59: Renaming Inlet Cove Court to Blossom Court for Valencia Lakes Enclosed for your records, please find one copy of the document as referenced above, (Agenda Item #17 A) approved by the Collier County Board of County Commissioners on Tuesday, March 14,2006. If you should have any questions, please feel free to contact me at 774-8406. Thank you. Enclosure --"--~"-_.- MEMORANDUM Date: March 16, 2006 To: Ashley Blair, Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2006-59: Renaming Inlet Cove Court to Blossom Court for Valencia Lakes Enclosed for your records, please find one copy of the document as referenced above, (Agenda Item #17 A) approved by the Collier County Board of County Commissioners on Tuesday, March 14,2006. If you should have any questions, please feel free to contact me at 774-8406. Thank you. Enclosure ___.~..___~...",_",__",~_",,"_.m ~,.......--., ~". . .,<.1" I 17A ;.;. .... RESOLUTION 2006 - ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RENAMING INLET COVE COURT TO BLOSSOM COURT FOR V ALENCIA LAKES PHASE 7-A, WITHIN SECTIONS 22 AND 23, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 336.05, Florida Statutes, has conferred on all counties in Florida the power to name or rename streets and roads, except for certain state roads; and WHEREAS, Ordinance 2003-14, codified as Chapter 22, Article X, of the Code of Laws and Ordinances of Collier County, Florida, established criteria and procedures to rename streets or roads; and WHEREAS, Scott Osmond, agent for petitioner Beazer Homes and a director of Valencia Lakes at Orangetree Homeowners' Association, Inc., has applied to rename Inlet Cove Court to Blossom Court pursuant to the procedures set forth in Section 22-360 of the Code of Laws and Ordinances. This street is depicted in the plat of Valencia Lakes Phase 7-A, recorded in Plat Book 44, Pages 82 through 86, and is surrounded by Lots 30 through 50 (inclusive) of said subdivision; and WHEREAS, after notice pursuant to said procedures being made and provided, the Board of County Commissioners held a public hearing to consider the application and determined that all criteria set forth in Chapter 22, Article X, of Code of Laws and Ordinances had been met, specifically finding that there is no other street in Collier County with the same name or any similar sounding name. NOW, THEREFORE, BE IT RESOLVED BY The Board of County Commissioners of Collier County, Florida, that: 1. Effective this date of hearing, Inlet Cove Court, as depicted in the plat of Valencia Lakes Phase 7-A, recorded in Plat Book 44, Pages 82 through 86, and surrounded by Lots 30 through 50 (inclusive) of said subdivision, is hereby changed to Blossom Court and is confirmed as such. 2. This Resolution shall be recorded in the Public Records of Collier County, Florida, and noted upon the appropriate zoning atlas of Collier County, and notations made on the referenced plat. ~hiS Reso uti on adopted after motion, second and super-majority vote favoring same, this l,-/r :.tlay of r J-, ,2006. DATE: ~ -I~-b~ ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT ,E. 'J3ROCK CLERK COLLIER COUNTY, FLORIDA . I ". ~->:~/ By: Frank Halas, Chairman Item # \!lfr- Agend~ -1 '-i - Dip Date Date ~-)~ -O~ Ree' . .L. ---,--~- -',--------,',