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Backup Documents 11/10/2009 Item #17I COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 11/ To: Clerk to the Board: Please place the following as a: i:8J Normal legal Advertisement (Display Adv., location, etc.) D Other: ********************************************************************************************************** Originating Dept/ Div: CDES, Administration Person: Joseph K. Schmitt Date: 10-14-09 Petition No. ([I' none, give brief description): An Ordinance for Adopting the 2007 FBC and adding certain exemptions. Petitioner: (Name & Address): None Name & Address of any person(s) to be notified by Clerk's OtTice: (If more space is needed, attach separate sheet) n/a Hearing before BCC ~ BZA Other Requested Hearing date: November 10, 2009 (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): i:8J Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: Companion petition(s), if any & proposed hearing date: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE FLORIDA BUILDING CODE, 2007 EDITION, AND PURSUANT TO THE AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2 OF THE 2007 FLORIDA BUILDING CODE RELATING TO ADDITION, ALTERATION, OR REPAIRS PERFORMED BY A PROPERTY OWNER ON HIS OR HER OWN PROPERTY; PROVIDING FOR REPEAL OF ORDINANCE NO. 2002-01 IN ITS ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY: PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE O~' LAWS AND ORDINANCES: PROVIDING FOR PENALTIES FOR VIOLATION: AND PROVIDING FOR AN EFFECTIVE DATE. Does Petition Fee include advertising cost? DYes i:8J No If Yes, what account should be charged for advertising costs: 138930- 649100-0000 (PO 4500111822) jp- 0 b<g:r~i R.evi~~~.Y: .' /". /) ';: /.r ./ /", _, i',:7-', _''''-'' /~/ '? .;.._/k-~ uhrision Administrator or Designee /0 f.' -c)C: -' / Date List Attachments: Proposed Ordinance 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: (flegal 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: i:8J County Manager agenda me: to Clerk's Office D Reqnesting Division D Original B. Other hearings: lnitiating Division head to approve and submit original to Clerk's OtTice, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received:!!?~ Date of Public hearing: [(! (<C> Date Advertised: 10 ISO / L9j 17/ ORDINANCE NO. 2009-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FORMALLY ADOPTING THE FLORIDA BUILDING CODE, 2007 EDITION, AND PURSUANT TO THE AUTHORITY GRANTED BY SECTION 553.80(3), FLORIDA STATUTES, ADDING CERTAIN EXEMPTIONS TO SECTION 105.2 OF THE 2007 FLORIDA BUILDING CODE RELATING TO ADDITION, ALTERATION, OR REPAIRS PERFORMED BY A PROPERTY OWNER ON HIS OR HER OWN PROPERTY; PROVIDING FOR REPEAL OF ORDINANCE NO. 2002-01 IN ITS ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR PENALTIES FOR VIOLATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII of the State Constitution and Chapter 125 of the Florida Statutes provides that counties, as political subdivisions of the State, have the governmental and proprietary powers to enable them to conduct government, perform services, and may exercise any such powers for public purposes, except when expressly prohibited by law; and WHEREAS, pursuant thereto, on January 8, 2002, the Board of County Commissioners adopted Ordinance No. 2002-01, which adopted by reference the Florida Building Code, 2001 edition, to be enforced by Collier County in the unincorporated portions of the County as well as local amendments to the administrative procedures of the Florida Building Code as authorized by Section 553.73(4)(a), Florida Statutes; and WHEREAS, Section 553.73(6), Florida Statutes, provides that any amendment to the Florida Building Code adopted by a local government pursuant to this paragraph shall be effective only until adoption by the Florida Building Commission of a new edition of the Florida Building Code every third year; and WHEREAS, since adoption of Ordinance No. 2002-01, the Florida Building Commission has adopted Florida Building Code, 2004 Edition, subsequently replaced by Florida Building Code, 2007 Edition; and Page 1 of6 1 7 I ift1 WHEREAS; on April 23, 2009, the Collier County Building Review and Permitting Department petitioned the State of Florida Building Commission inquiring whether replacement of a gas or electric water heater requires a building permit under the requirements of the Florida Building Code; and WHEREAS, the State of Florida Building Commission issued a Declaratory Statement dated September 9, 2009, stating in part, "Therefore, based on the foregoing, and in the absence of an exemption applicable with the jurisdiction pursuant to Section 553.80(3), Florida Statutes (2007), the Code requires a permit for the replacement of a gas or electric water heater"; and WHEREAS, the Board of County Commissioners desires to repeal Ordinance No. 2002- 01 in its entirety and formally adopt, by reference, the Florida Building Code, 2007 Edition; and WHEREAS, pursuant to Section 553.80(3), Florida Statutes, the Board of County Commissioners desires to add certain exemptions to Section 105.2 of the 2007 Florida Building Code (Work Exempt from Permit) relating to addition, alteration, or repairs performed by a property owner on his or her own property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AND ADDITIONS TO THE FLORIDA BUILDING CODE. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2007 Edition, and any amendments thereto, to be enforced by Collier County in the unincorporated portions of the County. (b) Additions. The following exemptions are added to Section 105.2 of the Florida Building Code: 105.2.4. Exemptions for minor repairs residential. The following permit exemptions have been established for Collier County based on Section 102.2.5 (3) of the Florida Building Code and Section 553.80(3)(c), Florida Statutes. Page 2 of6 17/ Permit exemption is for owners of single family detached residences performing work on single family properties. All work performed shall comply with the standards of the Florida Building Code Residential. Electrical I. Repair work performed by licensed electrical contractors that does not exceed $1,500.00 in value of materials and labor. 2. Repair or replace existing light fixtures and ceiling fans. 3. Repair or replace electrical wall switches and wall outlet devices of 20 amps or less and 120 volts. 4. Repair or replace the following low voltage (under 77 volts) devices: (a) Telephone (b) Television (c) Data Cable (d) Central Vacuum (e) Burglar Alarm (f) Intercom System Plumbing I. Repair/replace work performed by licensed plumbing contractors that does not exceed $1,500.00 in value of materials and labor. 2. Repair water solar panels by licensed plumbing contractors. 3. Change out of an above ground LP tank 100 Ibs or less. 4. Repair irrigation system. 5. Repair domestic water service/lines. 6. Unclog sewer stoppage. 7. Repair sewer line excluding repair or replacement of interceptors, separators by licensed plumbing contractors. 8. Repair/replace faucets. 9. Repair/replace water closetlbidetlurinal fixtures only. 10. Repair/replace sink/lavatory/drinking fountain fixtures only. II. Repair /replace residential pool equipment other than pool heater. 12. Repair/replace shut off valve on a domestic water line. 13. Repair / replace and house pumps not exceeding 2 hp 14. Repair/replace residential disposal. 15. Repair/replace residential dishwasher. 16. Repair/replace like-for-like kind electric water heater up to 52-gallon capacity to include electrical connection. 17. Repair/replacement of water purification/water softener equipment. Mechanical I. Repair work performed by licensed mechanical contractors that does not exceed $1,500.00 in cost for parts and labor. 2. Repair of air conditioning duct. 3. Repair or replace coil, compressor or refrigerant piping by licensed mechanical contractor. 4. Repair or replace non-combustion heating by licensed mechanical contractors. Page 301'6 17/ 5. Repair ventilation fans. 6. Replacement of window air conditioning unit. 7. Installation of ductless ventilation and range hoods Building I. Repair work performed by licensed contractors per Florida Statute 489 that is not ~~~~~~~~pb~~~~~~~~~ the value of which does not exceed $1,500.00 in labor and materials. 2. The repair of any roof covering not exceeding $1,500.00 in value of materials and labor or work not exceeding two roofing squares (200 sq. ft.) in extent. 3. Installation or repair of satellite dishes installed in accordance with manufacturers specifications and in compliance with local zoning requirements. 4. Installation or repair of canvas or cloth covered awnings. 5. Installation or repair of rain gutters. 6. Enclosure of existing covered patiosfbalconies/porches with screening. 7. Cement plaster (stucco) applied directly onto structures constructed of concrete masonry units. Application of cement plaster must meet or exceed the manufactures recommendations. All other applications will require a permit including but not limited to wood, Exterior Insulation Foam System (EIFS), brick, siding, or other application over metal lath or wire lath fabric. 8. Door replacement including swinging, sliding, pivoting, and rolling which does not otherwise create a new opening, enlarge or reduce an existing opening, or require the removal of any exterior or interior finish material serving a single family residence or other miscellaneous utility building constructed on a residential zoned lot. This exemption shall not allow nor relieve the building owner, unit owner, installer or contractor from complying with wind load and opening protection requirements of the Florida Building Code. 9. Movable cases, counters, and partitions not over 10 feet in height. 10. Cabinetry, counter tops, painting, papering, tiling, carpeting, and other similar finish work. This exemption is not allowed nor applicable when the work or alteration affects the structural integrity of a load bearing wall, or the fire resistant material of a fire rated horizontal or vertical separation. Projects located within a designated flood zone are required to comply with the substantial improvement requirements and submit a cost breakdown for any work which may be exempted from permits. II. Swings and other playground equipment accessory. This exemption shall not allow nor permit the encroachment of setbacks or the erection of any unsafe, structurally unsound, or dilapidated structure. In the event the structure violates setbacks or is considered unsafe, structurally unsound, or dilapidated the building official may require a permit. Note: All work shall comply with all applicable laws, ordinances, building codes and zoning regulations. To assure your safety and to assure proper construction and/or installation, those homeowners who are not familiar with the provisions and requirements of the Florida Building Code are encouraged to visit the website www2.iccsafe.orglstates/florida_codes/ to review code requirements prior to doing any work or repairs or they can contact the county building department if they have any questions. Homeowners lack~g the technical background and familiarity with the code requirements are encouraged to have the work done by a licensed Page 4 of6 171 professional or in the alternative apply for a permit where they will receive a technical review of the proposed work and where they will receive all required onsite technical inspections performed by a state licensed professional building inspector. SECTION TWO: REPEAL Ordinance No. 2002-01 is hereby repealed in its entirety. 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 the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: PENALTIES FOR VIOLATION. If any person, firm, corporation, or other legal entity whether public or private, shall fail or refuse to obey or comply with, or violates, any of the provisions of the Ordinance, such person, firm, corporation, or other legal entity whether public or private, upon conviction of such offence, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the court. Each day of continued violation or noncompliance shall be considered as a separate Page 5 of6 17/ offense. In addition, any person, firm, corporation, or other legal entity whether public or private, convicted under the provisions of this section shall pay all costs and expenses involved in the case. In addition, the provisions of this Ordinance may be enforced by any means appropriate under Section 125.69, Florida Statutes, or Chapter 162, Florida Statutes, or as set forth in the Code of Laws and Ordinances of Collier County, Florida, and the Collier County Land Development Code. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: JeffE. Wright Assistant County Attorney if Page 6 of6 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS t;\ \U 17/ To: Clerk to the Board: Please place the following as a: i:8J Normallega[ Advertisement (Disp[ay Adv., location, etc.) D Other: ********************************************************************************************* ************* Originating Dept/ Div: Bayshore Gateway Triang[e CRA Person: Sue Trone Date: [0/21/2009 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: 11/10/2009 (Based on advertisement appearing 10 days before hearing). Newspaper(s) to be used: (Comp[ete only if important): X Nap[es Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: . Reffwe~ by' /l~~ C Division Adminis C--r:!.'\ List Attachments: /~\ Date r. t./ ,CJ 'I [I' Yes, what account should be charged for advertising Ll ~coll2-Qt 0 ~ t)bD~1 iO.';I.(.O'l Date Reviewed bYi L,wJ1' County Asst Attorney Does Petition Fee include advertising cost? i:8J Yes D No costs: 187-138325-649100 Bluvy"fit;ld:s f')c::.;t;UaL;Ull RG3Blttti611 tS~ 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 iuvolved, 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: D County Manager agenda file: to Clerk's Office D Requesting Division D Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ********************************************************************************************* ************** FORCLERK'SOFFIf~ISE\ONLY: II I........ Date Received: 2.- Date of Public hearing: ~ Date Advertised: /1{) I ~ October 21, 2009 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Attn: leoals@naplesnews.com 17/ November 10, 2009 Board of County Commissioners Public Hearing Advertisina Reauirements '\I", ~ ",-, J~ 2.8' Please publish the following Advertisement and Map on Frida October.JO: 2009 and furnish proof of publication to Sue Trone, Project Manager, Bayshore Gateway Triangle CRA, 4069 Bayshore Drive, Naples, FL 34114. The advertisement must be no less than 2 columns wide by 10 inches long and the headline in the ad shall be no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. C t L'-"/ C l,it,,-.J.-,.,f & ~ I ..,- .--, .. ..-- <!>.,v :"._, ~ c,~ [, I). 17/ NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of Commissioners on Tuesday, November 10, 2009 in the County Commissioner's Chambers in the Administration Building at 3301 Tamiami Trail, Naples, Florida, to consider a Resolution to create a Brownfields Area within the Bayshore Gateway Triangle Community Redevelopment Area boundary for environmental rehabilitation pursuant to Chapter 376, Florida Statutes. The property proposed for designation is generally located in the vicinity of 4265 and 4315 Bayshore Drive, Naples, FL 34112, and the vacant, contiguous parcels north and northeast of these parcels, also described as the Bayshore Cultural Arts Catalytic Facility for Redevelopment. The total area is 17.665 acres in size. All property owners and parties with interest may appear and be heard as to any and all matters pertinent to the proposed designation. 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 252-8380; assisted listening devices for the hearing impaired are available in the County Commissioners' office. All interested parties are invited to appear and be heard. Copies of the proposed Resolution and related documents are available for inspection at the CRA Office at 4069 Bayshore Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the CRA attention Sue Trone, CRA Project Manager (239-643-1115). Written comments filed with the Bayshore Gateway Triangle Community Redevelopment Agency prior to November 10, 2009, will be read and considered at the public hearing. David Jackson, Executive Director ~^ Bayshore Gateway Triangle CRA D 5-rw ,.."..'\ 0:: c W 0:: o :2: t/) ~ lD 'f- '..(,l d. ZOo 'z'. ~8j :;iJ ::E ..,J :3:. t : ::: 1: :~: f' : : : : : :~: : : : : : :1: : :1 ) . . . -I. . . .. .................. f . . . . '. . . .. ..................\ i: : : :1: : : : ~ ::::::::::::::::::1 I , ................. ,--- ; , .................J II .................:1. .................. .................. ...................1 ...Me . ..-.--- . . . . . . . . . . . . . . . . . . ~ l~ ~~Jr. ~~1~~;~1~~. . . . . . . . . . ; o 125 250 N A 500 Feet Proposed Brownfield Area i Parcels _Roads 17/ " 171 ACCT #068784 October 22, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: NOTICE OF PUBLIC HEARING WITH MAP - Creating a Brownfield Area within the Bayshore Gateway Triangle CRA Dear Legals: Please advertise the above referenced notice on, Wednesday, October 28, 2009 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500112010 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Altn: leqals@naplesnews.com November 10, 2009 Board of County Commissioners Public Hearing Advertisinq Requirements Please publish the following Advertisement and Map on Wednesday. October 28. 2009 and furnish proof of publication 10 Sue Trone, Project Manager, Bayshore Galeway Triangle CRA, 4069 Bayshore Drive, Naples, FL 34114. The advertisemenl must be no less than 2 columns wide by 10 inches long and the headline in the ad shall be no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. _~___"_..~_~_,__",_,,_,~_,,_,_,__-,_~__",_,_,,,__~,_,_~.'_n_.'"."""._"'__"~_."_'_"""'.___._.'_'__'_"_' 17/ NOTICE OF PUBLIC HEARING 17/H' Notice is hereby given that a public hearing will be held by the Collier Counly Board of Commissioners on Tuesday, November 10, 2009 in Ihe County Commissioner's Chambers in Ihe Administration Building at 3301 Tamiami Trail, Naples, Florida, to consider a Resolution to create a Brownfield Area within the Bayshore Gateway Triangle Community Redevelopmenl Area boundary for environmental rehabilitation pursuant to Chapter 376, Florida Statutes. The property proposed for designation is generally located in the vicinity of 4265 and 4315 Bayshore Drive, Naples, FL 34112, and the vacanl, contiguous parcels north and northeast of Ihese parcels. also described as the Bayshore Cultural Arts Catalytic Facility for Redevelopment. The Iota I area is 17.665 acres in size. All property owners and parties with interest may appear and be heard as to any and all matters pertinent 10 Ihe proposed designalion. Any person who decides 10 appeal a decision of this board will need a record of Ihe proceedings pertaining thereto. and therefore may need to ensure that a verbalim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is 10 be based. 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 contacl the Collier County Facilities Managemenl Department localed at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 252-8380; assisled listening devices for the hearing impaired are available in the County Commissioners' office. All interested parties are invited to appear and be heard. Copies of the proposed Resolution and related documents are available for inspection at the CRA Office at 4069 Bayshore Drive, Naples, Florida between Ihe hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the CRA attention Sue Trone, CRA Project Manager (239-643-1115). Wrilten comments filed wilh the Bayshore Gateway Triangle Community Redevelopment Agency prior to November 10, 2009, will be read and considered at the public hearing. David Jackson, Execulive Direclor Bayshore Gateway Triangle CRA JIM COLETTA, CRA CHAIRMAN DONN FIALA. BCC CHAIRMAN DWIGHT E. BROCK, CLERK OF COURTS By: Teresa Polaski, Deputy Clerk (SEAL) _._,,--~~~,,~._---,,~-,._.-..,_.......-~..._~..._-;,,_..._'-"'~---,-".,.~_.~-,_.._.. -...-..,_..~""._._'.. ~ o w II: Q :r m ~ IX! 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"0 a> U<( "" a> c CO i: a> "0 1Il 0 0 ~ I- .... a> to 04= Q. 0 1:> CO 0 0 a> ..c c N III III .... a> III IlIl~a.. 0 1:> C- U >< iU' e 1Il "C 0 ~ I1l 0 ~ I1l 0 0 c: 0- 0- 0:: WCOCO<( ~ Q) Cl DOl Q) 0 ...J "'l- II 1 '[--l-r-I- _~_"L.l,IJl____ ,-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-.----"- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :/~::::::::::::::;;; ~ ~r-~ ~ : : : : : : : : : : : : : : . . . . .~~= """,-----,-, tr~ ~:::::::::::::: ~ ~ ; ; ~t~ ./ I i IL /\( ~ ~ ; ~ ~ ; ~ ~ ; ~ ~ ~ : : : : :I_-=" ~- -~I .................... .~----- - ~-., ....... .. /~J I~::::::::: ::__,_, .~~LLlll/,/ .::::::~: : :'----'-' ----1-1'11 ]---\11 ~ : : ~ ~ ~ : : : : : : ~ ~ ~ J lJJ_l.._~, L t::::..::: ---,-, : : : · · · .=r i .._--,~ , ---j , ....----j' --"------------_..._-- 1~-=1 -j t== I I I ~____J. ,-~()~XV8-- ------'T--i 1---- ,~,-~_._~,..,..~-~._-"...-_._";-_.__.<~,...,~~~._..~-,.~-~~...~._-^~,.,,",.. 17l Teresa L. Polaski To: Cc: Subject: legals@naplesnews.com TroneSue Notice of Public Hearing Legals, Please advertise the following ad w/MAP on Wednesday, October 28,2009. Thanks ~ ~ ~ ~ NOTICE OF Jblic Hearing - ere Notice of Public Hearing-Brow... Brownfield Area CRA.pdf Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252,8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 1 Teresa L. Polaski 1'7/ From: Sent: To: Subject: Attachments: postmaster@collierclerk.com Thursday, October 22, 2009 9:48 AM Teresa L. Polaski Delivery Status Notification (Relay) ATT131627lxt; Nolice of Public Hearing 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 --"~"'--"--'-"--"'----------~-'----~--~----" ~ _""<<__,;__~__'_._'__~_'_L~".~__,.___."~",,___""__"_'__...___.._""____,..~__.~,_.__ ... Teresa L. Polaski 17/ From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Thursday, October 22, 2009 3:53 PM Teresa L. Polaski RE: Notice of Public Hearing ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk,com] Posted At: Thursday, October 22, 2009 9:48 AM Posted To: Legals - NDN Conversation: Notice of Public Hearing Subject: Notice of Public Hearing Legals, Please advertise the following ad w/MAP on Wednesday, October 28, 2009. Thanks <<NOTICE OF Public Hearing - Creating a Brownfield Area-CRA.doc>> <<Nolice of Public Hearing-Brownfield Area CRA.doc>> <<Brownfield Area CRA.pdf>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239,252-8411 239-252,8408 fax (T eresa.Po las ki@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 17l Teresa L. Polaski From: Sent: To: Subject: Attachments: ccushman@naplesnews.com Friday, October 23, 2009 10:40 AM Teresa L. Polaski 231138875 BCC/CDES BUDGET OFFICE 231138875.pdf Revised proof for Ad#231138875 Sorry about that....here it is with the map PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING 1 7 I "'~ Notice is hereby given that a public hearing will be held by the Collier County Board of Commissioners on Tues- day, November 10, 2009 in the County Commissioner's Chambers in the Administration Building at 3301 Tamiami Trail, Naples, Florida, to consider a Resolution to create a Brownfield Area within the Bayshore Gateway Triangle Community Redevelopment Area boundary for environ- mental rehabilitation pursuant to Chapter 376, Florida Statutes. The property proposed for designation is generally lo- cated in the vicinity of 4265 and 4315 Bayshore Drive, Naples, FL 34112, and the vacant, contiguous parcels north and northeast of these parcels, also described as the Bayshore Cultural Arts Catalytic Facility for Redevel- opment. The total area is 17.665 acres in size. All prop- erty owners and parties with interest may appear and be heard as to any and all matters pertinent to the proposed designation. " ~ ~ ~ 0 z 0 0 0 z iil " 0 " >, ~ ~ < ~ I " ,Z - ~ Q ~ 9 ~ .....................,.............................. ...................................... ............................................ .......0:................................... ............................................. :::::::::::::::::::::::::::::::::::::: ..............,............................. .......,.......,............................ ...............,........................... ........................... ............................ ............................. ............................. ............................. ............................. ........................... ........................... ......................................... :.:...:...:...:...:.......................L..................................... ...... ~ JIl'E",Er~8 DR , ::'.::'::: Proposed Brownfield Area 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. If you are a person with a disability who needs any accommodation in order to participate in this proceed- ing, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 252-8380; as- sisted listening devices for the hearing impaired are avail- able in the County Commissioners' office. All interested parties are invited to appear and be heard. Copies of the proposed Resolution and related documents are available for inspection at the CRA Of- fice at 4069 Bayshore Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Fri- day. Any questions pertaining to these documents should be directed to the CRA attention Sue Trone, CRA Project Manager (239-643-1115). Written comments filed with the Bayshore Gateway Triangle Community Redevelopment Agency prior to November 10, 2009, will be read and considered at the public hearing. David Jackson, Executive Director Bayshore Gateway Triangle CRA JIM COLETTA. CRA CHAIRMAN DONN FIALA, BCC CHAIRMAN DWIGHT E. BROCK, CLERK OF COURTS By: Teresa Polaski, Deputy Clerk (SEAL) No. 231138875 October282009 ,,_.~.,_....~~-_.._>~--_._-_.- ,--..,.-..-..--......"..-.....------.. 17/ Teresa L. Polaski From: Sent: To: Subject: Charlene Cushman [cmcushman@naplesnews.com] Friday, October 23, 2009 2:46 PM Teresa L. Polaski Re: 231138875 BCC/CDES BUDGET OFFICE Yes, just let me know what it is and I will fix it for you Charlene On 10/23/09 2:38 PM, "Teresa L. Polaski" <Teresa.Polaski~collierclerk.com> wrote: > This ad will be the death of me. If there is a misspelling do I need > to resend it. > > > Teresa L. Polaski, 8MR Clerk III > Clerk to the Board of County Commissioners Minutes and Records > Department > 239,252-8411 > 239-252-8408 fax > (Teresa.Polaski~collierclerk.com) > > '----Original Message,,--- > From: ccushman@naplesnews.com [mailto:ccushman@naplesnews.com] > Sent: Friday, October 23, 2009 10:40 AM > To: Teresa L. Polaski > Subject: 231138875 BCC/CDES BUDGET OFFICE > > Revised proof for Ad#231138875 > > Sorry about that....here it is with the map > > Under Florida Law, e,mail addresses are public records. If you do not > want your e-mail address released in response to a public records > request, do not send electronic mail to this entity. Instead, contact > this office by telephone or in writing. > > Charlene M. Cushman Naples Daily News 1100 Immokalee Road Naples, FL 34110 239-435,3488 cmcushman~naDlesnews.com 1 -'---"--~" .._",_.-.._,,--"_..~---'._..~."- Teresa L. Polaski 17/ . From: Sent: To: Subject: Attachments: ccushman@naplesnews.com Friday, October 23, 2009 2:59 PM Teresa L. Polaski 231138875 BCC/CDES BUDGET OFFICE 231138875.pdf As #231138875 DONN with an A for DONNA 1 PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING 17J 1 Notice is hereby given that a public hearing will be held by the Collier County Board of Commissioners on Tues- day, November 10, 2009 in the County Commissioner's Chambers in the Administration Building at 3301 Tamiami Trail, Naples, Florida, to consider a Resolution to create a Brownfield Area within the Bayshore Gateway Triangle Community Redevelopment Area boundary for environ- mental rehabilitation pursuant to Chapter 376, Florida Statutes. The property proposed for designation is generally lo- cated in the vicinity of 4265 and 4315 Bayshore Drive, Naples, FL 34112, and the vacant, contiguous parcels north and northeast of these parcels, also described as the Bayshore Cultural Arts Catalytic Facility for Redevel- opment. The total area is 17.665 acres in size. All prop- erty owners and parties with interest may appear and be heard as to any and all matters pertinent to the proposed designation. . .~ . '/ .", , ~ ~ ~ z u u 0 z Iii '" 0 '. .,. > oc " .~ " 'Z - oc o ~ ~ ~ ~.........~.~..........~............. ............:......................... ...................................... ....................................... ......,......:......................... ............,......................... ............:......................... ............:......................... ............:......................... .............:::::::::::::::::::::::::: ......................... ......................... ......................... ......................... ......................... ......................... - ......................... ..................................... .................... ...... ...... .... .............................................. : . JEEPERS DR : :.'.~:.'::: Proposed Brownfield Area 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. If you are a person with a disability who needs any accommodation in order to participate in this proceed- ing, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 252-8380; as- sisted listening devices for the hearing impaired are avail- able in the County Commissioners' office. All interested parties are invited to appear and be heard. Copies of the proposed Resolution and related documents are available for inspection at the CRA Of- fice at 4069 Bayshore Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through FrI- day. Any questions pertaining to these documents should be directed to the CRA attention Sue Trone, eRA Project Manager (239-643-1115). Written comments filed with the Bayshore Gateway Triangle Community Redevelopment Agency prior to November 10, 2009, will be read and considered at the public hearing. David Jackson. Executive Director Bayshore Gateway Triangle CRA JIM COLETTA, CRA CHAIRMAN DONNA FIALA, BCC CHAIRMAN DWIGHT E. BROCK, CLERK OF COURTS By: Teresa Polaski, Deputy Clerk (SEAL) No. 231138875 October 28 2009 ~....~_._._.~.~-,_._~-------_._._~---~.._-_.~.._---~--_.-,..-..-,-..,... ...,".-.------.-..- NAPLES DAILY NEWS Published DaiJ\ Naples, FL 34102 Affidavit of Publication State of Florida County of Coliier Before the undersigned they serve as the authority', personally appeared Phil Lewis, who on oath says that he serves as the Editor oftbe Naples Daily. a daily newspaper published at Naples, in Collier County, Florida: distrihuted in Collier and Lee counties of Florida: that the attached copy of the advertismg, bemg a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on October 28. 2009 1 time in the issue Affiant further says that the said Naples Daily New~ is a newspapel published at Naples. in said Collier Count), Florida. and that the said newspaper has heretofore been continuously published in said Collier County. Florida: distributed in Collier and Lee countje..~ of Florida. each day and has heen 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 advenisement: and affiant further says that he has neither paid nor promised any person, f11111 or corporauon any discount, rebate, commissIOn or refund for the purpose of securin~ this advertisement for p(][Jr:;c: i' ( Signature of affiant) - , Sworn to and subscribed before me This 2nd day of November. 2009 'r<~ f ~r>\MfF (Signature of notary public ,.'lOH" "'m~~'" 'v~;-. KAROL E KANGAS ff.~. "'..1 Notary PUbl.iC . State of Florida S'" '" "..i My Camm. Expires Ju129. 2013 ':0-" ~,_ ""::~nr f.'f-,'- CommisSIOn # DO 912237 ',,,,,,,,, 17; ) \ l, ~'--'(~i11 I.................I........... .............It'.".....~.............. ........... ..... ..... .....~............~...... ..... .............t.....!.......... ::::: ::::: .::..-.:.~;~~.:~:...::;::::::: ..... ....."C'... .if;.I....C...:1l'.,.....,. a;:: :: ::: ~'u:: .,::t:tlt~:::: :t:-:::::: ;1;:; ~;;::~::::::::::~::::::::::::. . ~poMd Brownf*ld N8a' Any po!!8On w\l~ ~,t~fIil~ecision of, this ~\ifIl1 'Medil' ~ of tIllI. Ings pertaIning ~ iln4 th""PIlI! rnIlY nllflll.to.!Iflllll@that a verbatim record of the~lng$1a l118dl>.whlCh record includes the testfn\Qny and ~ce upon _the appeal Is to be baaed. ~you .... a peraon \'11th a disabilItY who needs lII1Y accommodatl<1n 1r1, ordeI III pflrtlclpate In this proceed- Ing, you.... entItleel. at no cost to you, to the provision of C8I'IllIn 8!lelStance. PIea8e oont~ the Collier CoUl)ty Facll_loIanagement Department Iocateel at 3301 ~ ramlamlTrllil;Naples, Florida. 314112.(239) 252-8380; as- . sisteel listening devices for the hearing Impaired are avail. able Inth..County CommiS8loner~' ()'ffice. All Int_eel parties .... in~ad to appear and be heard, Copies.of ~ proposed'Rasolutlon and rela!!'d documents are available for In$llllCliOll at the CRA Of- flce at 4069 Bayshore Drive,N__, FlOrida betWeen 1ha hours .of 8:00 A.M, and 5:00 P.M" Monday through 'Fri- day. Any queatlons-partalnlng to these documents shOUld be dIreCted to the CRA attention Sue Trone. CRA Project Manager (289-643-1115), Wrttten ""ll1rn1l~ts flied with the Bayshore GateWey TriangleCOll1!llurilty .Redevelopment Agency .prIor to Nov8!ilber 1~1IIIiIt, will be read and consider8d at ~ publICh~9' David ~n; executiVe D!leClor, Bayshore Gat~ay ll1angl& oRA JIM CO~A.CRA CfWFlMAN DONNA Fw..A.BCC CloWRIoIAN DWIGHT. E. BROCI<:, CLERK OF COURTS ay:T.~"PGleskl; Deputy Gl8fk {$I<L,l No ?311~RR75 October28 2009 BAYSHOREI7/ GATEWAY TRIANGLE COMMUNITY REOFVE LOPMENT AGENCY Memorandum To: Mr. Ian Mitchell cc: Minutes and Records From: Sue Trone (suetronelalcollierqov.net /643-1115) Date: 11/13/2009 Re: Request for stamp of Commissioner Fiala's signature for enclosed resolutions Attached are three copies of Resolution number 2009,273 approved by the Commissioners this past November 10, Item 171. Could you please stamp Commissioner Fiala's signature to these documents? One copy is intended to be retained by Minutes and Records and the remaining two copies are needed for my office. NOTE FOR MINUTES AND RECORDS: Please contact me by email or phone when you are finished and I will come to pick up my two copies. Thank you for your consideration. 1 17/ MEMORANDUM Date: November 13,2009 To: Sue Trone, Operations Analyst Bayshore Gateway CRA 4069 Bayshore Drive Naples, Florida 34112 From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2009-273 Attached is two originals as referenced above, (Agenda Items #171) approved by the Board of County Commissioners on November 10, 2009. The Minutes & Records Department has kept an original signed commercial building improvement grant agreement. If you should have any questions, please contact me at 252-8411. Thank you. 171 RESOLUTION NO. 09- 2.1') A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING A BROWNFIELD AREA WITHIN THE BAY SHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY (CRA) AREA: FINDING THAT ALL PARCELS ARE OWNED BY THE CRA AND THAT THE CRA INTENDS TO REDEVELOP THE SITE TO FACILITATE ECONOMIC DEVELOPMENT AND ENVIRONMENT AL REMEDIATION, IF NEEDED: DESIGNATING THE CRA LOCAL ADVISORY BOARD AS TH}: BROWNFIELDS ADVISORY COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County Community Redevelopment Agency (CRA). owns 17.665 acres (more or less) on Bayshore Drive, Naples, Florida (the "Property") the legal description of which is attached hereto as Exhibit A and as depicted on Exhibit B, attached hereto, both of which are incorporated herein by the this reference; and WHEREAS, Collier County Community Redevelopment Agency, proposes to redevelop the property to facilitate economic development and environmental remediation, ifnceded; and WHEREAS, Collier County Community Redevelopment Agency, requests that the Collier County Board of County Commissioners designate the Property a Brownfield Area as authorized under the Florida Brownfields Redevelopment Act, Sections 376.77 - 376.85. Florida Statutes; and WHEREAS, the CRA Board requests that the Bayshore Gateway Triangle Local Advisory Board serves as the Brownfields Advisory Committee for any and all Brownfields Areas in the Bayshore Gateway Triangle CRA, and WHEREAS, the Brownfields Redevelopment Act authorizes this Board, by Resolution, to designate contiguous areas consisting of one or more Brownfields sites as Brownfields Areas to facilitate environmental remediation, if needed, and to facilitate economic development; and WHEREAS, all of the designated Brownfield Area is within a Collier County designated Community Redevelopment Area (Bayshore Gateway Triangle component); and WHEREAS, the designated Brownfield Area contains portions of land that was used as a gasoline filling station and has documented environmental contamination; and WHEREAS, valuable economic incentives accrue to those who redevelop designated Brownfield sites; WHEREAS, Collier County shall notify the Florida Department of Environmental Protection of the designation of this Brownfield Area; and WHEREAS, the procedures set forth in Subsection 376.80( I), Florida Statutes, have been followed, and proper notice has been provided in accord with Section 376.80 and Subsection 125.66 (4)(b)(2), Florida Statutes. 171 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section I. Findings. The Commission, acting as the governing body of Collier County and the Community Redevelopment Agency, finds the preamble hereof to be true and correct. Section 2. Designation. For the purposes of the Florida Brownfield Redevelopment Act, Sections 376.77 - 376.85, Florida Statutes, the Property attached hereto as Exhibit A and as depicted on Exhibit B, is hereby designated a Brownfield Area. The area is within a Collier County Community Redevelopment Area is hereby designated for environmental remediation, if needed, and for redevelopment purposes per Sections 376.77 through 376.85, Florida Statutes. This designation shall not render Collier County liable for costs of site rehabilitation or source removal (as defined in Sections 376.77 through 376.84, Florida Statutes) nor for any other costs above and beyond such costs otherwise attributable to Collier County in its role as property owner of all of the subject designated Brownfield Area. Section 3. Advisory Committee. The Bayshore Gateway Triangle CRA Local Advisory Board shall serve as the Brownfields Advisory Committee for any and all Brownfields Areas designated within the Bayshore Gateway Triangle CRA boundary. Section 4. Notification. The County Manager shall notify the Florida Department of Environmental Protection, pursuant to Section 376.80, Florida Statutes, of this Brownfield Area designation. Section 5. Officers and employees of Collier County and Community Redevelopment Agency are hereby authorized to do all things necessary and proper to carry out the intent and purposes of this Resolution. Section 6. This Resolution shall take effect immediatelyu~n passage and adoption. This Resolution adopted after motion, second and majority vote this lu - day of November 2009. " .~, .". . ,~i.. .:._ .,'. '. ATTESt".'.... :', ~... k ..'..........r~ . AUe$t ,.{\.~ '~~ri ,j9ftUn ll"." APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ 7.W.QJ - Steven Williams Assistant County Attorney BOARD OF Cm. TY COMMISSI.ONE.RS OF COLLIE UNTY, FLORII)'A K ./ -'I By: ' ""~'n' 'A" "":'/~. -iLkA. Donna iala, Chair Item# ~ Agenda II L, l r-J'j Date ~"'r Date ",1. I~ ~h Deputy Clerk .__.~...._-_.._..,-,.,.,-------_..__._--_._---.,_.._. EXHIBIT A 17/ Last Record Title Holder: Collier County Community Redevelopment Agency Tax X ID Numbers: 61840960006 and 61840960103 and 61840840003 and 53401680005 Legal Descriptions: Parcel I: The West 425 feet of Lot 109, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO.2, according to the plat thereof, recorded in Plat Book 1, page 27 A, less the East 200 feet and the West 25 feet thereof, Public Records of Collier County, Florida. Parcel 2: The East 200 feet of the West 425 feet of Lot 109, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO.2, according to the plat thereof, recorded in Plat Book 1, page 27 A, Public Records of Collier County, Florida. Together with an ingress and egress easement across the North 30 feet of the East 200 feet of the West 225 feet of Lot 109, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO.2. Parcel 3: All of Lot 108, less and excepting the North 273.44 feet of the West 425 feet and the Kelly Road right-of-way, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, according to the plat thereof recorded in Plat Book I, page 27 A. Public Records of Collier County, Florida; TOGETHER WITH: All of Lot 109, less and excepting the West 425 feet and the Kelly Road right-of~way, NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO.2, according to the plat thereof, recorded in Plat Book [, page 27A, Public Records of Collier County, Florida. And Parcel A, LAKESIDE MOBILE EST A TES, in accordance with and subject to the plat recorded in Plat Book 9, page 99, Public Records of Collier County, Florida. ,"~_",_,__,"~___"_~__~'h"_,, ,__,_,,_,,~__~_'_"_'~ ,-'--_".,. 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